Trans 57.09 Non-compliance.
Trans 57.10 Notice of hearing.
Trans 57.01
Trans 57.01
Purpose. The purpose of this chapter is to interpret and implement s.
114.134 (3) to
(5), Stats., relating to airport site approval and to provide standards for site approval.
Trans 57.01 History
History: Cr.
Register, January, 1999, No. 517, eff. 2-1-99.
Trans 57.02
Trans 57.02
Definitions. The words and phrases defined in ch.
114, Stats., have the same meaning in this chapter unless a different definition is specifically provided. In this chapter:
Trans 57.02(1)
(1) “Airport not open to the public" is any airport requiring permission from the airport owner or the manager prior to its use by any person other than the owner.
Trans 57.02(2)
(2) “Airport open to the public" means an airport, whether publicly or privately owned, which is open for aeronautical use by the general public.
Trans 57.02(3)
(3) “Airport study" means an analysis performed by the department to determine an airport's compatibility with other transportation facilities.
Trans 57.02(4)
(4) “Applicant" means a person who applies to construct or establish a new airport or activate an airport within the state.
Trans 57.02(5)
(5) “Application" means FAA form 7480-1, “Notice of Landing Area Proposal" together with a bureau airport site approval application.
Trans 57.02 Note
Note: FAA form 7480-1, Notice of Landing Area Proposal, and the airport site approval application may be obtained by writing to the Department of Transportation, Division of Infrastructure Development, Bureau of Aeronautics, 4802 Sheboygan Avenue, Room 701, P. O. Box 7914, Madison, WI 53707-7914.
Trans 57.02(6)
(6) “Approach area" means a trapezoid centered on the extended runway centerline. The trapezoid has an inner width at the runway threshold of 250 feet, a length of 5,000 feet from the threshold and an outer width of 1,250 feet.
Trans 57.02(7)
(7) “Approach surface" means an inclined plane which extends outward and upward from the runway threshold at a slope of 20:1, 20 feet horizontal to 1 foot vertical. The approach surface has dimensions which are bound by the vertical projection of the approach area.
Trans 57.02(8)
(8) “Bureau" means the bureau of aeronautics, division of infrastructure development, Wisconsin department of transportation.
Trans 57.02(9)
(9) “Certificate" means a certificate of airport site approval issued by the department.
Trans 57.02(10)
(10) “Displaced threshold" means a landing threshold located at a point on the runway other than the physical end of the runway.
Trans 57.02(13)
(13) “Object" means any structure, objects of natural growth, permanent or temporary construction or apparatus including, but not limited to, buildings, fences, hills, power and telephone lines, shrubs, traverse ways, trees and towers.
Trans 57.02(14)
(14) “Obstruction" means any object which penetrates the approach surface within the approach area or the runway primary surface.
Trans 57.02(15)
(15) “Runway" means a defined rectangular area, on a land airport, prepared for the landing and takeoff of aircraft along its length.
Trans 57.02(16)
(16) “Runway primary surface" means a surface longitudinally centered on a runway. The runway primary surface has a width of 250 feet, 125 feet each side of centerline, and a length equal to the length of the runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.
Trans 57.02(17)
(17) “Seaplane" means an aircraft capable of taking off from and landing on water.
Trans 57.02(19)
(19) “Transportation facilities" means any airport, roadway, highway, railroad, public trails or waterway adjacent to or in the approach to the landing area.
Trans 57.02(20)
(20) “Traverse ways" means any routes used by the public including, but not limited to roads, highways, public trails, bike paths, railroads and waterways.
Trans 57.02 History
History: Cr.
Register, January, 1999, No. 517, eff. 2-1-99.
Trans 57.03
Trans 57.03
Responsibility. The secretary, or the secretary's designee, may issue a certificate of airport site approval for a new airport upon determination that the location is compatible with existing and planned transportation facilities in the area.
Trans 57.04
Trans 57.04
Standards. The following standards shall be met in order to maintain airport site compatibility with existing and planned transportation facilities in the area:
Trans 57.04(1)(a)
(a) All objects within the approach area of each runway shall be considered in determining compliance. Each type of traverse way is considered to be an object with a clearance height as follows:
Trans 57.04(1)(a)5.
5. Waterways and other traverse ways, an amount equal to the height of the highest mobile object that would normally travel upon them.
Trans 57.04(1)(b)
(b) A displaced threshold shall be marked similar to attached diagram B for runways with other than paved surfaces. Runways with paved surfaces shall be marked in accordance with FAA advisory circular 150/5340-1G, “Standards for Airport Markings," September 27, 1993. In addition, if the runway is lighted, the displaced threshold shall be lighted in accordance with FAA advisory circular 150/5340-24, “Runway and Taxiway Edge Lighting System," September 3, 1975. It applies to low intensity runway lighting systems and medium intensity systems.
Trans 57.04 Note
Note: These FAA advisory circulars are available from the United States Department of Transportation, Distribution Unit, TAB 443.1, Washington, D. C. 20590, and are also on file with the offices of the Legislative Reference Bureau and Secretary of State.
Trans 57.04(1)(c)
(c) The effective runway length to be reported for each runway landing direction is the physical length of the runway less the displaced threshold at the approach end of the runway.
Trans 57.04(2)(a)(a) If any object penetrates the approach surface, then the runway threshold, the point of interception of the approach area and the approach surface shall be displaced down the landing runway.
Trans 57.04(2)(b)
(b) The displaced threshold shall be located at a point where no object penetrates the approach surface.
Trans 57.04(3)(a)(a) The displaced threshold shall be located at a point where no public traverse way clearance height penetrates the approach surface.
Trans 57.04(3)(b)
(b) If the clearance height assigned to any public traverse way penetrates the approach surface, then the runway threshold, the point of interception of the approach area and the approach surface shall be displaced down the landing runway.
Trans 57.04(3)(c)
(c) A displaced threshold shall be marked similarly to attached diagram B for runways with other than paved surfaces. Runway marking and lighting is subject to FAA advisory circular criteria which are identical to airports open to the public.
Trans 57.04(3)(d)
(d) The effective runway length to be reported for each runway landing direction is the physical length of the runway less the displaced threshold at the approach end of the runway.
Trans 57.04 History
History: Cr.
Register, January, 1999, No. 517, eff. 2-1-99.
Trans 57.05(1)(1)
An applicant proposing to establish a new airport shall submit an application for airport site approval.
Trans 57.05(2)
(2) The bureau shall review the application to determine if the location of the proposed airport site is compatible with existing and planned transportation facilities in the area. An airport study shall be conducted including review of:
Trans 57.05(2)(e)
(e) Potential conflicts with other airports. A certificate of site approval may be denied if conflicts resulting from overlapping traffic patterns cannot be resolved by nonstandard traffic patterns or written agreement between the airport owners.
Trans 57.05(2)(f)
(f) FR and VFR traffic considerations. A certificate of site approval may be denied if the proposed site underlies the airspace in the primary approach area for an instrument approach, and the traffic pattern altitude conflicts with published altitudes for the approach.
Trans 57.05 Note
Note: Published altitudes are contained in the U.S. Terminal Procedures, published by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Ocean Service, NOAA, N/ACC3, Distribution Division, Riverdale, MD 20737, telephone (800) 638-8972.
Trans 57.05(3)
(3) An FAA airspace determination shall be considered in the bureau's study, but is not binding or conclusive. An objectionable airspace determination by the FAA may be considered sufficient grounds to deny a certificate.
Trans 57.05(4)
(4) No fee shall be charged for the application, review or issuance of a certificate.
Trans 57.05 History
History: Cr.
Register, January, 1999, No. 517, eff. 2-1-99.
Trans 57.06
Trans 57.06
Public hearing. The bureau may, at its discretion, hold a public hearing on the proposed airport site.
Trans 57.06 History
History: Cr.
Register, January, 1999, No. 517, eff. 2-1-99.
Trans 57.07
Trans 57.07
Issuance of certificate. A certificate may be issued by the secretary, or the secretary's designee, if it is determined that the location of the proposed airport site is compatible with existing and planned transportation facilities in the area. A certificate does not waive or preempt compliance with any applicable ordinances, laws or regulations of any other governmental body or agency. The certificate is permanent.
Trans 57.07 Note
Note: No certificate may be issued for seaplane bases as the waters within Wisconsin are sovereign to the people of the state.
Trans 57.07 History
History: Cr.
Register, January, 1999, No. 517, eff. 2-1-99;
CR 22-048: am. Register July 2023 No. 811, eff. 8-1-23. Trans 57.08(1)(1)
General. The secretary shall grant a formal hearing at the request of any applicant after any refusal to issue a certificate. The matter shall be referred to the division of hearings and appeals.
Trans 57.08(2)
(2) Informal hearing. If an applicant desires an informal meeting with the department to address specific grievances to the action, relevant facts and determination of law upon which the grievance is based, the applicant shall do so within 30 days after any refusal to issue a certificate.
Trans 57.08(3)
(3) Reapplication. The applicant may reapply when identified discrepancies that conflict with transportation facilities are resolved.
Trans 57.08 History
History: Cr.
Register, January, 1999, No. 517, eff. 2-1-99.
Trans 57.09(1)(1)
Individuals who violate any provision of this chapter shall be subject to penalties in accordance with s.
114.27, Stats.
Trans 57.09(2)
(2) When the department becomes aware of a compliance discrepancy, the secretary may suspend the certificate of airport site approval.
Trans 57.09(3)
(3) The department may initiate an informal meeting with the airport owner to clarify the compliance issue and recommend corrective action, if required.
Trans 57.09(4)
(4) If the informal meeting fails to resolve compliance disputes, the secretary shall issue a notice to the airport owner detailing such alleged disputes and requesting corrective action.
Trans 57.09(5)
(5) An airport owner shall have 45 days after receipt of notice to resolve discrepancies or reply in writing explaining a proposed course of action to resolve the discrepancy in a timely fashion.
Trans 57.09(6)
(6) If the compliance discrepancy is not resolved within 90 days after receipt of notice, the secretary may rescind the certificate of airport site approval.
Trans 57.09 History
History: Cr.
Register, January, 1999, No. 517, eff. 2-1-99.
Trans 57.10
Trans 57.10
Notice of hearing. Notification of all hearings regarding this chapter shall be made in accordance with s.
114.134 (4), Stats.
Trans 57.10 History
History: Cr.
Register, January, 1999, No. 517, eff. 2-1-99.
