Chapter Trans 207

Chapter Trans 207

DESIGN AND CONSTRUCTION OF MUNICIPAL HIGHWAY BRIDGES
IN OR OVER NAVIGABLE STREAMS

Trans 207.01   Purpose.

Trans 207.02   Applicability.

Trans 207.03   Responsibilities of constructing authorities.

Trans 207.04   Definitions.

Trans 207.05   Requirements of a conceptual plan.

Trans 207.06   Required navigational clearance.

Trans 207.07   Flood flow requirements.

Trans 207.08   Waterway alterations.

Trans 207.09   Erosion control.

Trans 207.10   Construction methods.

Trans 207.11   Notification to department of natural resources.

Trans 207.12   Public notices.

Trans 207.13   Enforcement.

Trans 207.01 Trans 207.01 Purpose. The purpose of this chapter is to interpret and implement s. 84.01 (23), Stats., relating to providing standards and specifications for the design and construction of municipal public highway bridges, arches, and culverts over and in navigable streams to prevent undue impairment of public rights in navigable waters. In adopting these standards the department of transportation has followed these general guidelines.

Trans 207.01(1) (1) Constructing authorities are not empowered to block passage completely on any navigable stream, but on the other hand it is unreasonable to expect that unlimited overhead clearance be allowed on all streams. This means that a consideration of navigation blockage usually narrows to a question of degree of restriction: “How much physical restriction is possible at the site without preventing the movement of people, goods, and equipment that would reasonably be expected to pass through the site?”

Trans 207.01(2) (2) A constructing authority, in developing a rationale for partial restriction, shall not base such a rationale solely on highway needs and bridge costs but also on the fact that some sort of navigation is possible through the site and it will be accommodated by the proposed highway-water crossing.

Trans 207.01(3) (3) In an area only accessible by canoes, a drainage structure could conceivably be placed which was too small to accommodate a canoe. A portage route would have to be available, however, which was freely open to the public. In this way “passage” is assured for the type of navigation reasonably expected at the site.

Trans 207.01(4) (4) The portage concept is only reasonable in an area where the craft and equipment concerned can reasonably be carried by one or 2 persons for a short distance.

Trans 207.01(5) (5) In some cases, providing a sufficient pass-through clearance for vessels and flood water will still not be enough to accommodate the associated incidents of navigation. For example, it may be in the public interest to span an area of critical habitat as well. All of the pertinent factors encountered at each highway-water crossing must receive due consideration.

Trans 207.01(6) (6) New highway bridges or replacements of existing highway bridges over or in navigable waters shall minimize alteration of critical features of water habitats.

Trans 207.01 History History: Cr. Register, June, 1981, No. 306, eff. 7-1-81.

Trans 207.02 Trans 207.02 Applicability.

Trans 207.02(1) (1) County, town, village and city highway bridges.

Trans 207.02(1)(a) (a) Pursuant to s. 84.01 (23), Stats., the standards in this chapter apply to the construction of county, town, village, and city highway bridges, arches, and culverts in or over navigable streams. The standards do not apply to projects under the supervision of the department that are done in compliance with s. 30.2022, Stats.

Trans 207.02(1)(b) (b) These standards also apply to highway approaches to structures, but only within the physical areas defined in sub. (2) and only to those features of the proposed construction which would have an effect on water quality and other water-related aspects as described in this chapter.

Trans 207.02(2) (2) Applicable area limits of highway approaches to structures.

Trans 207.02(2)(a) (a) All portions of a highway-water crossing which are proposed for construction and lie within the floodplain are within the purview of these standards, except that in those cases where the highway approach lies roughly parallel to the waterway but within the flood plain, the portion of highway approach under the purview of these standards shall approximate the distance from the structure abutment to the floodplain limit assuming a right-angle crossing.

Trans 207.02(2)(b) (b) It is not the intent of these standards that the scope of what is proposed for construction be expanded solely for the purpose of including portions of existing adjacent roadways which are within the limits of the floodplain and not in conformance with the erosion control criteria established in s. Trans 207.09 except that overflow sections shall be addressed as provided in s. Trans 207.09 (3) (b).

Trans 207.02(3) (3) Permits from federal agencies. In addition to complying with these standards, it may be necessary for constructing authorities to obtain permits from federal agencies such as the U.S. coast guard and the U.S. army corps of engineers.

Trans 207.02 History History: Cr. Register, June, 1981, No. 306, eff. 7-1-81; correction in (1) (a) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Trans 207.03 Trans 207.03 Responsibilities of constructing authorities.

Trans 207.03(1) (1) Prior to the execution of construction contracts or work orders a certification shall be made by the constructing authorities that the standards of this chapter have been observed in the project design and will be observed through the construction phase.

Trans 207.03(2) (2) Town boards or village boards receiving county aid for construction under the provisions of s. 82.08, Stats., may defer responsibility of certification to the county if full charge of the work has been left to the county highway committee as set forth in s. 82.08 (5), Stats.

Trans 207.03 Note Note: Responsible officials should be aware that structures shall conform to this chapter to obtain funding under s. 82.08 (6), Stats.

Trans 207.03 History History: Cr. Register, June, 1981, No. 306, eff. 7-1-81; corrections in (2) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675

Trans 207.04 Trans 207.04 Definitions.

Trans 207.04(1) (1) “Active stream erosion zone” means that portion of the roadway embankment at bridge abutments or ends of culverts and arches which, in conjunction with the structure, gives shape to the waterway opening and is directly exposed to flowing water during a regional flood or lesser flows. (See Figures 1, 2 & 3). Boundaries of this zone are as follows:

Trans 207.04(1)(a) (a) Lateral or side boundaries lie on each side of the stream running roughly parallel to it. For bridges these boundaries are located 10 feet behind (away from the stream) each abutment face. For culverts and arches they are located 10 feet behind the inside face of the walls nearest the stream bank.

Trans 207.04(1)(b) (b) The upper boundary is 2 feet above the surface of the water occurring at the time of the regional flood, upstream and downstream.

Trans 207.04(1)(c) (c) The upstream boundary or limit is defined to be located at the farthest upstream disturbance to the stream-bed by construction activities.

Trans 207.04(1)(d) (d) The downstream boundary or limit is defined to be located at the farthest downstream disturbance to the stream-bed or the point that stream current velocities have stabilized to the natural current conditions of the stream, whichever is further downstream.

Trans 207.04(2) (2) “Clearance” means the distance between the inside top of the culvert or the bottom of the lowest member of the bridge span and the elevation of the ordinary high watermark of the waterway.

Trans 207.04(3) (3) “Conceptual plan” means preliminary drawings, maps, and sufficient amplifying material to illustrate the intended action.

Trans 207.04(4) (4) “Constructing authorities” means the responsible governing bodies of counties, towns, villages, and cities as they may act or appropriately delegate.

Trans 207.04(5) (5) “Department” means the Wisconsin department of transportation.

Trans 207.04(6) (6) “Erosion bale” means a bale of straw, hay or other suitable material designed to form checks or dikes to control erosion.

Trans 207.04(7) (7) “Floodplain” as defined by ch. NR 116 and this chapter means the land which has been or may be hereafter covered by flood water during the regional flood.

Trans 207.04(8) (8) “Highway bridge”, for the purposes of this rule, means any city, town, village, or county-owned bridge, arch, or culvert built in or over a navigable stream for public highway purposes.

Trans 207.04(9) (9) “Highway water crossing” means that combination of highway bridge and roadway necessary to provide a public highway across, over, or in navigable streams.

Trans 207.04(10) (10) “Minor replacement” means the simple replacement of an existing structure with an equivalent or larger sized manufactured structure in approximately the same location. To be classified in this category a highway-water crossing must meet all of the following conditions:

Trans 207.04(10)(a) (a) The cross-sectional area of the existing structure must be no greater than 50 square feet.

Trans 207.04(10)(b) (b) The gradeline of any existing overflow sections, as defined in s. Trans 207.04 (12), passing a portion of the regional flood will not be raised.

Trans 207.04(10)(c) (c) The existing highway water-crossing must have a history of adequately passing flood water and be free of significant controversy concerning public rights in navigable waters.

Trans 207.04(10)(d) (d) Below the regional flood level the proposed road grade and structure must have water passing characteristics at least as effective as the existing road grade and structure.

Trans 207.04(10)(e) (e) The proposed structure must be manufactured away from the site, but can be assembled at the site. Constructing authorities can construct concrete structures poured at the site, but these cannot be classified as “minor replacement”.

Trans 207.04(11) (11) “Ordinary high watermark” means the point on the banks or shore up to which the presence and action of water is so continuous as to leave a distinct mark either by erosion or destruction of terrestrial vegetation, or other easily recognizable characteristics.

Trans 207.04 Note Note: “Ordinary high watermark” originated in a 1914 Wisconsin supreme court case (Diana Shooting Club v. Husting) and has been a principal consideration in state regulation of navigable waterways since that time. It is the landward limit of the bed of a navigable body of water. This standard relies directly on the ordinary high watermark concept.