Chapter Trans 207

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Trans 207.09(3)(b) (b) Overflow Sections—When water will periodically overtop the road, from the regional or lesser floods, constructing authorities shall evaluate the frequency of overtopping, probability of road washout, and the probable detrimental effects of such a washout, including siltation of sensitive environmental and other areas. When the probable adverse effects are demonstrably worse than would be expected from the natural stream actions at equivalent flood stages, sufficient erosion control measures shall be employed to control or diminish the washout.

Trans 207.09(3)(c) (c) Roadside and crossroad drainage discharging onto floodplain or into navigable waters—Roadside ditches in the flood plain shall, as a minimum, be covered with topsoil and established with grass. Mulching or other treatment, as necessary, shall be used to control erosion until grass is established. For ditch grades steeper than 1%, and where erosive soil conditions exist, combinations of sod, paved ditch, riprap, check dams or other similar devices shall be used as necessary to preclude, as far as practicable, siltation of navigable waters. Areas where roadside drainage discharges onto the floodplain or into the stream shall be provided with suitable erosion control devices to maintain a stable, non-erosive condition.

Trans 207.09 History History: Cr. Register, June, 1981, No. 306, eff. 7-1-81; correction in (1) made under s. 13.92 (4) (b) 6., Stats., Register March 2012 No. 675.

Trans 207.10 Trans 207.10 Construction methods.

Trans 207.10(1) (1) Temporary navigational clearance. In the placement of all construction forms, bracing, and falsework in or over navigable waters, as much clearance as is practicable shall be provided, consistent with the character and volume of navigational traffic and the duration of the construction phase.

Trans 207.10(2) (2) Temporary waterway opening. Consistent with stream flows reasonably predictable during the time period of use, temporary structures shall have sufficient waterway opening, either inherent in the structure or combined with an overflow area, to prevent damage from back-up of water and downstream siltation due to washout or scouring of temporary facilities.

Trans 207.10(3) (3) Temporary erosion control. Constructing authorities shall ensure that contractors or municipal employees perform all construction activities in such a way as to minimize the contamination of the stream by silt, debris, or toxic materials. Temporary erosion control measures such as ditch dams, settling ponds, erosion bales, and others shall be used for this purpose. When erosion bales are used, they shall be placed in accordance with Figure 4.

Trans 207.10(4) (4) Timing of construction. Construction activities shall be undertaken and planned for completion during such seasons and weather conditions as to minimize adverse impacts on fish spawning activities, flood water elevations, and public recreation activities.

Trans 207.10(5) (5) Removal of old structures.

Trans 207.10(5)(a) (a) Old structures shall be removed if they are no longer to be used for highway purposes unless it is deemed to be in the public interest to leave such structures intact for recreational or other use. In such cases the structure no longer has the legal status of a highway structure. Firm arrangements shall be made for future responsibility and maintenance if structures are to remain in place.

Trans 207.10(5)(b) (b)

Trans 207.10(5)(b)1. 1. When structures are removed, all substructure units shall be removed to an elevation 2 feet below the groundline remaining after any shaping in above-water areas, and level with the stream bed elevation in submerged areas.

Trans 207.10(5)(b)2. 2. Old abutment fills shall be shaped so as to blend into the adjoining terrain.

Trans 207.10(5)(b)3. 3. If unusual circumstances appear to warrant leaving old substructure units or abutment fills within the area defined by the ordinary high watermark and at a higher elevation than the stream bed elevation, constructing authorities must notify the department of natural resources and obtain concurrence that to do so is in the public interest.

Trans 207.10(6) (6) Excavation and disposal of peat, mulch, or other unsuitable embankment or foundation material.

Trans 207.10(6)(a) (a) Excavation of organic or other material found not suitable to carry embankment loading shall be done in such a manner so as to preclude, as far as practicable, washing of piled-up material into navigable waters. Sufficient crossroad and toe of fill drainage shall be provided to maintain the natural continuity of ground water flow. The extent of lateral upheaval shall be estimated and shall be considered as part of the effects which may necessitate changing locations or taking other mitigating measures.

Trans 207.10(6)(b) (b) Organic and unsuitable material may normally be disposed of on the sides of embankments, unless a sensitive or unique environmental situation necessitates removal and disposal on a less sensitive site. Highly polluted or toxic materials excavated must be disposed of under state laws and regulations governing such material.

Trans 207.10 History History: Cr. Register, June, 1981, No. 306, eff. 7-1-81.

Trans 207.11 Trans 207.11 Notification to department of natural resources.

Trans 207.11(1) (1) In the early stages of consideration of a proposed construction or reconstruction of a highway structure in or over navigable waters, constructing authorities shall notify the appropriate district office of the department of natural resources of the intended construction. Such notice shall consist of a conceptual plan. The constructing authority may request information concerning ordinary high watermark elevation, and the navigational clearance considered appropriate for the site and critical habitat that may be affected by the project, including water and wetland habitat, and spawning and nesting areas. All or part of the conceptual plan requirements may be waived by the department of natural resources if early coordination reveals, in its opinion, that planned activities have no adverse effect.

Trans 207.11(2) (2) The department of natural resources shall have 30 days to comment and may, for good cause, request an extension of 10 days. If no response or request for extension is received within the 30-day period, or if an extension is granted and no response is received during the 10 days, project development may proceed as planned. If environmental concerns are noted, constructing authorities shall examine such concerns and act in such manner as to prevent undue impairment of public rights in navigable waters.

Trans 207.11 History History: Cr. Register, June, 1981, No. 306, eff. 7-1-81.

Trans 207.12 Trans 207.12 Public notices.

Trans 207.12(1) (1) If a proposed structure is a new structure, or will be a reduction of existing navigation clearance, or is replacement of an existing structure which is in itself the limiting obstruction, a Class I legal notice shall be published, and public notices shall be posted in conspicuous locations in the locality of the proposed structure. Such notices, giving the facts and place where public comments may be received, shall be published and posted at least 30 days prior to the decision on navigational clearance by the constructing authority. Public notice is not required for a minor replacement.

Trans 207.12(2) (2) Requirements for public notices may be combined with other requirements for similar notices relating to the proposed structure or the associated highway construction.

Trans 207.12(3) (3) The department of natural resources shall make a record of all project notifications received under s. Trans 207.11, and shall furnish a copy of this record on a monthly basis to any person upon written request.

Trans 207.12 History History: Cr. Register, June, 1981, No. 306, eff. 7-1-81.

Trans 207.13 Trans 207.13 Enforcement. Municipalities are subject to proceedings which may be initiated under the Wisconsin Statutes.

Trans 207.13 Note Note: For example, under s. 30.03, Stats., the department of natural resources may hold a hearing on a possible violation of a statute relating to navigable waters or a possible infringement of the public rights therein and may thereafter order the performance of actions it deems necessary to protect the interests of the public.

Trans 207.13 History History: Cr. Register, June, 1981, No. 306, eff. 7-1-81.

Figure 1
Active Stream Erosion Zone Bridges—Sill Type Abutment

Figure 2
Active Stream Erosion Zone Bridges—Timber Abutments

Figure 3
Active Stream Erosion Zone Culverts & Arches

Figure 4
Placement of Erosion Bales