Chapter Trans 29

Trans 29.05(1) (1) If a utility fails to comply with all provisions, conditions, and requirements of a permit, the department may revoke the permit and the utility shall remove the utility facility from the property, and restore the property in accordance with s. Trans 29.09. Modification of any term of an approved permit to meet changed or unexpected field conditions shall require prior approval from the department.

Trans 29.05(2) (2) The utility shall be responsible for its own forces and the forces of any of its subcontractors working on department property to assure compliance with all permit provisions.

Trans 29.05 History History: Cr. Register, December, 1985, No. 360, eff. 1-1-86; am. Register, January, 1999, No. 517, eff. 2-1-99.

Trans 29.06 Trans 29.06 Permit at job site. The utility’s work forces or its subcontractor’s forces shall have a complete copy of the approved permit in their possession at the job site at all times when utility facility work is being done within the department railroad property. If a utility fails to have an approved copy of the permit at the job site, it shall be sufficient cause for stopping utility facility work within the department railroad property.

Trans 29.06 History History: Cr. Register, December, 1985, No. 360, eff. 1-1-86.

Trans 29.07 Trans 29.07 Fees.

Trans 29.07(1) (1) Upon application for a permit under this chapter, a utility shall pay to the department an administrative and inspection fee as set forth in the following fee schedule:

UTILITY PERMIT FEE SCHEDULE
FOR RAILROAD PROPERTY

Type of Facility   Fee

Trans 29.07(1)(a) (a) “Transverse utility crossings.” Aerial or underground crossings involving the installation of a utility facility, the modification of a utility facility or the placement of additional components upon existing facilities previously permitted or legally erected on department property by other than the current permittee.   $175

Trans 29.07(1)(b) (b) “Longitudinal aerial utility installation.” Aerial utility facility installations involving the installation of a utility facility or the modification of a utility facility within the department railroad property.

Trans 29.07(1)(b)1. 1. Permit for up to 5 miles of installation.   $235

Trans 29.07(1)(b)2. 2. Permit for up to 10 miles of installation.   $390

Trans 29.07(1)(b)3. 3. Permit for up to 15 miles of installation.   $545

Trans 29.07(1)(b)4. 4. Permit for up to 20 miles of installation.   $700

Trans 29.07(1)(c) (c) “Longitudinal underground utility installations.” Underground utility facility installations involving the installation of a utility facility or the modification of a utility facility on the department railroad property. The fee is based on one pre-construction inspection and on one daily inspection for each day’s work or fraction of a day’s work.

Trans 29.07(1)(c)1. 1. Permit for up to 5 miles of installation.   $125*

Trans 29.07(1)(c)2. 2. Permit for up to 10 miles of installation.   $175*

Trans 29.07(1)(c)3. 3. Permit for up to 15 miles of installation.   $225*

Trans 29.07(1)(c)4. 4. Permit for up to 20 miles of installation.   $275*

  * plus $50 for each daily inspection

Trans 29.07(1)(d) (d) Where spot checking or regular inspections reveal the need for corrections or changes to comply with the permit, the permittee shall pay the costs of those corrections or changes and a $50 fee per required follow-up inspection.

Trans 29.07(2) (2) In addition to any fee paid under sub. (1), the railroad operator may require reimbursement from the utility for reasonable services rendered including administration, flagging, track removal and reinstalling, and other functions necessary to accommodate a utility facility installation or modification. Reimbursement arrangements for these services shall be solely between the railroad operator and the utility. Concurrence in the permit application by the railroad operator implies agreement between the utility and the railroad operator on service reimbursement.

Trans 29.07(3) (3) Whenever a “transverse utility crossing” is installed or modified within department railroad property where that department railroad property is also located within a town, county, village or city highway or street right-of-way, the department need not conduct its usual post-installation or post-modification inspection if, as a substitute for that inspection, the utility provides an affidavit of a professional engineer, duly registered to practice engineering in Wisconsin, certifying that the utility installation or modification has been carried out in accordance with the pertinent application, these rules, all other applicable rules or standards and sound engineering practices. The utility shall file the required affidavit with the department not more than 10 days after the utility facility is installed or modified. Whenever the provisions of this subsection are applicable and followed, the fee established in sub. (1) (a) shall be reduced to $100 reflecting the department’s diminished inspection activities.

Trans 29.07 History History: Cr. Register, December, 1985, No. 360, eff. 1-1-86; am. (2), Register, January, 1999, No. 517, eff. 2-1-99.

Trans 29.08 Trans 29.08 Notification of work activities.

Trans 29.08(1) (1) Notifying department and railroad operator. The utility shall notify the department and the railroad operator at least 72 hours prior to commencing any work upon, over, under or within the department railroad property. If a utility ceases work on a utility facility for more than 48 hours, except for holidays or weekends, the utility shall again give the department and the railroad operator 72 hours notice prior to recommencing the work activity. At the conclusion of all work, the utility shall notify the department and the railroad operator within 10 calendar days, holidays and weekends excepted, that the work is completed. When notified, the department may, within 30 days, inspect the completed utility facility and inform the utility whether the work is satisfactory.

Trans 29.08(2) (2) Emergency utility work. If an emergency maintenance situation arises requiring immediate action within the department railroad property to protect the general public safety, the utility shall immediately notify the railroad operator, or the department when no railroad operator is in place, that an emergency exists and that the utility is proceeding to correct the emergency situation. Emergency operations by a utility may be performed on department railroad property whenever conditions or time considerations prevent application to the department for prior written approval. However, as soon as practicable, the utility shall apply to the department for the required permit under s. Trans 29.04.

Trans 29.08 History History: Cr. Register, December, 1985, No. 360, eff. 1-1-86; am. (1), Register, January, 1999, No. 517, eff. 2-1-99.

Trans 29.09 Trans 29.09 Restoration of railroad lands and facilities. The utility shall restore the department railroad property and the railroad facilities thereon to a condition that is as near as is reasonably practicable to its preexisting condition and that is mutually acceptable to the department and the railroad operator. Failure of the utility to satisfactorily restore those lands or facilities shall be grounds for the department to arrange to restore the deficiency; the utility shall pay the cost for this restoration.

Trans 29.09 History History: Cr. Register, December, 1985, No. 360, eff. 1-1-86.

Trans 29.10 Trans 29.10 Utility facility specifications.

Trans 29.10(1) (1) Location.

Trans 29.10(1)(a) (a) General. A utility shall always locate its utility facilities to minimize the need for subsequent adjustments to accommodate future railroad improvements and to allow for the later servicing or expanding of its utility facilities with minimal obstruction to or interference with the flow of railroad traffic.

Trans 29.10(1)(b) (b) Longitudinal placement. Utility facility longitudinal installations or modifications shall be located on alignments uniformly parallel to and within 5 feet of the outer limits of the department railroad property. A different alignment may be approved if the department and railroad agree. No installation or modification may be approved within the track zone.

Trans 29.10(1)(c) (c) Transverse crossings. Utility facilities shall cross the department railroad property on a line as nearly perpendicular to the railroad track alignment as is practicable.

Trans 29.10(2) (2) Utility facility design and installation.

Trans 29.10(2)(a) (a) General. The utility shall provide the department with a design of each utility facility to be installed or modified within the department railroad property. The department shall review the utility’s facility design with respect to its location and to the manner of its installation or modification. The department shall also review the facility design with respect to the measures proposed to preserve safe and free railroad traffic flow, structural integrity of the railroad facilities, ease of railroad maintenance and the aesthetic appearance of the department railroad property.

Trans 29.10(2)(b) (b) Utility facility design standards. The minimum new utility facility design, construction and operation standards shall be those found in the Wisconsin administrative code for the utility and the utility activity in question. If the codes, ordinances or laws of any governmental agency having jurisdiction over the utility or over its activities are more restrictive than this chapter, they shall govern. All new utility facility installations or modifications shall, as a minimum, meet the following requirements:

Trans 29.10(2)(b)1. 1. Electrical power and electronic communication utility facilities shall conform with ch. PSC 114, Wis. Adm. Code.

Trans 29.10(2)(b)2. 2. Water lines shall conform with the specifications of the American water works association and chs. NR 110 and 811, Wis. Adm. Code.

Trans 29.10(2)(b)3. 3. Pressure pipelines shall conform with the requirements of title 49, code of federal regulations, parts 192, 193, subparts A, B and D, attached as appendix 1, and 195, and ch. PSC 135.

Trans 29.10(2)(b)4. 4. Liquid petroleum pipelines shall conform with the recommended practices of the American petroleum institute for pipeline crossings under railroads and highways.

Trans 29.10(2)(c) (c) Drainage and other utility facilities. A utility shall take extreme care in installing or modifying a utility facility to avoid disturbing either existing drainage facilities or other previously installed underground utility facilities. Where appropriate, trenches for underground utility facilities shall be backfilled with previously excavated material, and necessary outlets shall be provided to prevent water entrapment. Underdrains shall be provided where necessary.

Trans 29.10 Note Note: Copies of the National Electric Safety Code, the American Water Works Association specifications, 49 CFR Parts 192 and 195 and the American Petroleum Institute recommended practices are on file at the offices of the Department of Transportation, the Secretary of State and the Legislative Reference Bureau.

Trans 29.10 History History: Cr. Register, December, 1985, No. 360, eff. 1-1-86; correction in (2) (b) 2. made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1996, No. 488, eff. 9-1-96; am. (1) (b) and (2) (b) 3., Register, January, 1999, No. 517, eff. 2-1-99.

Trans 29.11 Trans 29.11 Utility facility maintenance and repairs.

Trans 29.11(1) (1) General. A utility shall keep its utility facilities in good repair, both structurally and aesthetically.

Trans 29.11(2) (2) Trees. The utility may not spray, cut or trim trees on department railroad property unless the department gives prior written permission. When the removal of a tree is permitted, the stump shall be cut flush with the ground or be removed. All resulting debris, refuse, and waste shall be removed from the department railroad property, unless agreed to otherwise in writing.

Trans 29.11 History History: Cr. Register, December, 1985, No. 360, eff. 1-1-86; am. (2), Register, January, 1999, No. 517, eff. 2-1-99.

Trans 29.12 Trans 29.12 Pipelines.

Trans 29.12(1) (1) Location and alignment. The crossing location and alignment for pipeline installations or modifications shall be as follows:

Trans 29.12(1)(a) (a) A pipeline shall not be located where conditions are unsuitable for pipeline crossings. Unsuitable locations include: in deep cuts, near footings of bridges or retaining walls, across drainage facilities where water flow may be obstructed, within the basin of an underpass drained by a pump or in wet or rocky terrain where it is difficult to bury the pipeline.

Trans 29.12(1)(b) (b) Longitudinal pipeline installations or modifications shall be within 5 feet of the outer limits of the department railroad property.

Trans 29.12(1)(c) (c) Vertical and horizontal clearances between the pipeline and the railroad and between the pipeline and other utility facilities shall be sufficient to permit maintenance of the pipeline, the railroad and all other utility facilities. Except in unusual circumstances, the pipeline shall be located outside the 45° cone of support for the footings of existing structures.

Trans 29.12(2) (2) Depth.

Trans 29.12(2)(a) (a) Crossings. For transverse installations or modifications, the vertical distance between the low point of the railroad cross section, usually the flow line of the ditch, and the top of the pipeline, or the pipeline casing when required, may not be less than 3 feet, unless special, suitable pipeline cover or protection is provided. The vertical distance between the top of the pipeline, or casing when required, and the base of the rails may not be less than 4 feet 6 inches on secondary or industrial tracks and may not be less than 5 feet 6 inches on main tracks.

Trans 29.12(2)(b) (b) Longitudinal installations. For longitudinal installations or modifications, the vertical distance from the finished railroad property surface to the top of the pipeline, or casing when required, shall be at least 54 inches if within 50 feet of the track centerline and shall be at least 24 inches if more than 50 feet from the track centerline. These distances may not be reduced unless the pipeline is satisfactorily protected, such as with concrete, metal or other durable casing.

Trans 29.12(2)(c) (c) Alternate location. If the minimum burying depths stated in pars. (a) and (b) are infeasible because of other utility facility placement, the water table, topographical features or an ordinance, a utility may locate the pipeline elsewhere so that the minimum burying depths stated are met.

Trans 29.12(3) (3) Appurtenance requirements.

Trans 29.12(3)(a) (a) Facilities appurtenant to pipelines, including manholes, vents, drains, markers, and valve and regulator pits, not located at the department railroad property boundary lines, shall be installed or modified so that their uppermost surfaces are flush and parallel to the adjacent surface.

Trans 29.12(3)(b) (b) If a vent pipe is required, it shall be located and constructed so as not to interfere with railroad use or maintenance and shall not be concealed by vegetation. Vent pipes shall be placed as close as practicable to an existing fence or to a department railroad property boundary line.

Trans 29.12(3)(c) (c) No drain for a casing, tunnel, or gallery enclosing a carrier of liquids, liquefied gas, or heavy gas may be located upon department railroad property.

Trans 29.12(3)(d) (d) A utility shall place readily identifiable markers, conforming to all applicable Wisconsin administrative code requirements, at the location at which any department railroad property line is crossed by one of the utility’s pipelines carrying any flammable, corrosive, expansive, energized or unstable contents.

Trans 29.12(4) (4) Casing requirements.

Trans 29.12(4)(a) (a) Casing required. A utility shall place its carrier in casing in the following circumstances:

Trans 29.12(4)(a)1. 1. Casing is required by the AREA, industry or company codes or policies or by public agency codes, laws or ordinances;

Trans 29.12(4)(a)2. 2. The minimum burying depth is less than that specified in sub. (2);

Trans 29.12(4)(a)3. 3. Future inserting, removing, replacing or maintaining of a carrier may be required and open trench construction is to be avoided;

Trans 29.12(4)(b) (b) Casing standards.

Trans 29.12(4)(b)1. 1. A casing shall be designed to support the load of the railroad and of any superimposed loads. Casing shall meet at least minimally applicable design requirements.

Trans 29.12(4)(b)2. 2. Casing under railroad tracks and across department railroad property shall conform with the AREA.

Trans 29.12(4)(b)3. 3. If additional tracks are constructed in the future or the railroad operator determines that the roadbed should be widened, the casing shall be extended correspondingly to meet the requirements of subd. 2. The utility shall pay all costs of the extension.

Trans 29.12(4)(b)4. 4. The casing, when sealed, shall be properly vented. Vent pipes shall conform with the AREA.

Trans 29.12(4)(b)5. 5. Rigid casing or suitable bridging shall be used where track support would be impaired by a buried flexible carrier pipe.

Trans 29.12(4)(b)6. 6. The casing when sealed shall be sealed at the ends with a flexible material to prevent water or debris from entering the space between the casing and the carrier. If an end of a casing is below the ground, it shall be suitably sealed to the outside of the carrier pipeline.

Trans 29.12(5) (5) Uncased pipelines. Gas lines may be uncased as long as the installation complies with the AREA. An uncased pipeline other than gas lines may be installed or modified beneath a department railroad facility if the installation or modification is made by open trench construction, if the carrier pipeline is not pressurized and if the utility agrees in writing to the following:

Trans 29.12(5)(a) (a) To abandon in place, in a manner acceptable to the department, that segment of the pipeline beneath the tracks in which a leak or break develops;

Trans 29.12(5)(b) (b) To tunnel, jack or dry bore any required replacement segment; and

Trans 29.12(5)(c) (c) To provide for and comply with the following wherever applicable:

Trans 29.12(5)(c)1. 1. The pipeline shall conform to the material and design requirements of the utility industry, the AREA and of the applicable governmental codes and specifications. The pipeline shall be designed to support the load of the railroad and of any superimposed loads.

Trans 29.12(5)(c)2. 2. Satisfactory bridging, concrete slabs, enclosures, tunnels, boxing or other appropriate measures shall be used to protect existing uncased pipelines that, because of their shallow burial or their location, may be vulnerable to damage from railroad operations.

Trans 29.12(6) (6) Trenched construction.

Trans 29.12(6)(a) (a) Trenched construction of pipelines may be by open excavation or plowing. The construction shall:

Trans 29.12(6)(a)1. 1. Restore the structural integrity of the railroad facility;

Trans 29.12(6)(a)2. 2. Avoid deforming the pipeline;

Trans 29.12(6)(a)3. 3. Assure that the trench does not trap excessive moisture or become a drainage channel; and

Trans 29.12(6)(a)4. 4. Assure that the railroad drainage is not blocked by backfill.

Trans 29.12(6)(b) (b) In all trenched construction, a utility shall conform to the American railway engineering association’s manual for railway engineering standards for earthwork, culverts or other utility work.