Wisconsin Legislature: Trans 56.04(7)(a)

3. Except as provided in par. (d) and subject to par. (g), such notice shall provide 90 days for public comment on the proposal.

(c) The secretary shall, within 30 days after the close of the public comment period, issue a decision, except where an FAA aeronautical study is still being conducted. In such instance, no decision shall be issued prior to the issuance of an FAA determination and the resolution of any appeals of that determination.

(d) Where there is no need for an FAA aeronautical study and the proposed structure is more than 5 nautical miles from the closest public airport, the public comment period shall not exceed 30 days.

(e) The applicant or any affected party may, within 20 days of the issuance of a decision, request that the secretary convene a hearing to receive additional information or hear new arguments addressing the application.

(f) If no hearing is requested, the decision shall become final 20 days after the date of issuance.

(g) The secretary may, at any time during the process, convene a meeting to receive public comment and to gather additional facts relevant to the permit application. The secretary may waive the 90-day public comment period anytime after a public comment meeting has been held.

(h) The secretary may waive the notification requirement and public comment period and otherwise expedite applications for towers that do not exceed the highest tower’s elevation within a tower farm.

(i) Where there are multiple applicants for the same frequency or service from the FCC, the secretary shall take no final action on a permit application until the FCC has designated a licensee.

(5) Permit contents. The permit shall include the following:

(a) Name and address of the permittee.

(b) The location of the structure by latitude and longitude to the nearest 5 seconds and by the quarter quarter section of the United States survey.

(d) The required marking and lighting.

(e) Notification that the subject structure shall be erected within one year after the date a permit is issued.

(6) Permit violations.

(a) A permit may be revoked or amended by the secretary for any lawful reason including, but not limited to, the following:

1. Failing to properly maintain the marking and lighting designated by the FAA and FCC.

2. Exceeding the permitted height of the structure.

3. Abandoning the structure.

4. Violating any of the conditions of the permit.

5. The amending of an FAA no hazard determination regarding the proposed structure.

6. Not complying with the terms of an amendment to an FAA no hazard determination relating to the proposal.

(b) In the event the erection of the structure is not completed within one year, an extension may be requested. The extension shall be granted if the criteria for the issuance of the permit continue to be satisfied. Where there is a significant change in facts which may create an adverse impact on aviation, the secretary shall conduct a new study prior to acting on the request for extension.

(c) Upon violation of any of the conditions of the permit, the secretary shall notify the owner of the deficiency. The owner shall correct the deficiency within a reasonable period of time, as specified in the notice. Failure to do so may subject the owner to the penalties provided in s. 114.27, Stats.

(d) If the owner fails to correct the deficiencies described in par. (c), the secretary may notify the FAA and FCC where applicable, correct the deficiency and recover the cost from the owner, or revoke the permit by notice to the owner. The owner may appeal a revocation as provided in s. 114.315, Stats.

(e) Upon revocation of the permit, the owner shall dismantle and remove the structure within a reasonable period of time. Should the owner fail to do so, the secretary may remove the structure and recover the cost from the owner.

(f) A permit shall terminate 60 days after the collapse or removal of the structure or after the secretary issues a determination of abandonment of the structure unless, within such 60 days, the permittee notifies the department that it intends to either erect a replacement structure within the parameters of the existing permit or repair the existing structure.

(g) Any person who erects a structure without obtaining a required permit may be subject to the penalties in s. 114.27, Stats.

(7) Application evaluation.

(a) The secretary shall consider the following in determining if a proposed structure will create an adverse impact on the safe operation of aircraft including, but not limited to, the impact on:

1. A minimum altitude on a published instrument approach procedure.

2. Existing instrument departure minimums.

3. Airport traffic patterns at public airports.

4. A cardinal altitude along a victor airway, published routing or VFR corridor.

5. Airspace affected by a proposed structure over 1,000 AGL outside a tower farm or over 500 AGL under an airport radar service area outside a tower farm.

6. Airspace affected by a proposed structure over 500 AGL in remote areas which may be difficult to see.

7. Airspace affected by proposed structures located in areas of known regular, reoccurring use by pilots including, but not limited to, published flight corridors and arrival or departure routes for the annual experimental aircraft association convention and air show at Oshkosh.

8. Visual or instrument operations at an airport or runway shown on a plan approved by the secretary.

(b) The secretary shall approve a permit if all of the following criteria are satisfied:

1. If an FAA aeronautical study is required, the secretary receives a copy of the determination of no hazard.

2. The secretary concludes that the structure will not create an adverse impact on the safe operation of aircraft.

History: Cr. Register, June, 1994, No. 462, eff. 7-1-94.

Trans 56.05 Marking and lighting.

(1) All marking and lighting shall be in accordance with the standards prescribed in the FAA publication, AC 70/7460-1H, “Obstruction Marking and Lighting,” as amended. The applicant shall comply with designated FAA and FCC marking and lighting.

(2) In the event of any deficiency in marking or lighting, the owner shall initiate repairs and notify the FAA in accordance with the current FAA marking and lighting publication.

Note: The federal standards prescribed above may be obtained from the Wisconsin Department of Transportation, 4802 Sheboygan Avenue, Room 701, P. O. Box 7914, Madison, WI 53707-7914. These standards are also on file with the Attorney General’s office and the Legislative Reference Bureau.

History: Cr. Register, June, 1994, No. 462, eff. 7-1-94.