Chapter Trans 220

Chapter Trans 220

UTILITY FACILITIES RELOCATION

Trans 220.01   Purpose and scope.

Trans 220.02   Applicability.

Trans 220.03   Definitions.

Trans 220.04   Notification.

Trans 220.05   Project and work plans.

Trans 220.06   Responsibilities.

Trans 220.01 Trans 220.01 Purpose and scope. The purpose of this chapter is:

Trans 220.01(1) (1) To establish the administrative procedures for implementing s. 84.063, Stats., and to prevent delays to proposed state trunk highway improvement projects and contractor delay and expense due to uncertain scheduling of utility relocations.

Trans 220.01(2) (2) To define a process and scheduling procedure to deal with utility conflicts with state trunk highway construction and arrange for their timely resolution.

Trans 220.01(3) (3) To integrate the utility facility relocation process under s. 84.063, Stats., with several pre-existing statutes and regulations, including the following:

Trans 220.01(3)(a) (a) The obligations of utilities and highway planners and contractors under s. 182.0175, Stats.;

Trans 220.01(3)(b) (b) The obligations of utilities to pay the cost of protection or changes to utility facilities to accommodate highway work under s. 66.0831, Stats.; and

Trans 220.01(3)(c) (c) The obligations of utilities to comply with the conditions of permits issued for the location of utilities within highways under s. 86.07 (2), Stats., and 23 CFR part 645 (April 1, 1993).

Trans 220.01(4) (4) To comply with federal law regarding utility accommodation when the project is on any right of way of any federal-aid highway and funded in whole or in part with federal funds (23 USC 109 (l) (1993)).

Trans 220.01(5) (5) To make it clear that this chapter is not applicable to railroad facility relocations or adjustments.

Trans 220.01 History History: Cr. Register, February, 1994, No. 458, eff. 3-1-94; correction in (3) (b) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Trans 220.02 Trans 220.02 Applicability.

Trans 220.02(1) (1) This chapter applies to state trunk highway improvement projects which have utility facilities located on them and are let for construction after this chapter has been published and for which the department has mailed the notification and plans prescribed in ss. Trans 220.04 and 220.05.

Trans 220.02(2) (2) The department shall begin sending the notification and plans prescribed in ss. Trans 220.04 and 220.05 for all state trunk highway improvement projects for which the design process is initiated after this chapter is published. The department will not be required to resend the notification and plans if it has already done so prior to this chapter being published.

Trans 220.02(3) (3) This chapter does not apply to the alteration or relocation of railroad facilities.

Trans 220.02 History History: Cr. Register, February, 1994, No. 458, eff. 3-1-94.

Trans 220.03 Trans 220.03 Definitions. The definition of words and phrases in s. 84.063, Stats., apply to this chapter. In this chapter:

Trans 220.03(1) (1) “Business day” means any calendar day of the year exclusive of Saturdays, Sundays and legal holidays.

Trans 220.03(2) (2) “Calendar day” means any day of the year; if more than one day, it means any consecutive days of any year or years.

Trans 220.03(3) (3) “Compensable work” means utility facility alteration or relocation work for which the department will reimburse the utility facility owner under programs or policies of the department, including s. 84.295 (4m), Stats.

Trans 220.03(4) (4) “Contractor” means the person or entity that enters into an improvement project contract with the department under s. 84.06, Stats., and subcontractors or suppliers to the contractor.

Trans 220.03(5) (5) “Department” means the department of transportation or its agent.

Trans 220.03(6) (6) “Highway” has the meaning given in s. 340.01 (22), Stats.

Trans 220.03(7) (7) “Improvement” has the meaning given in s. 84.06 (1), Stats.

Trans 220.03(8) (8) “Letting date” means the date the department receives and opens bids for an improvement.

Trans 220.03(9) (9) “Mail” means a written transmittal, currently dated and sent to the addressee by regular or certified, return receipt requested United States postal service mail or other means.

Trans 220.03(10) (10) “Major reconditioning” means an improvement project which includes pavement resurfacing or minor reconditioning plus shoulder widening, ditch restoration, reduction of curvature or grades and intersection improvements.

Trans 220.03(11) (11) “Minor reconditioning” means an improvement project which includes pavement resurfacing, pavement widening, shoulder paving and intersection improvements.

Trans 220.03(12) (12) “Noncompensable work” means utility facility alteration or relocation work which the owner must carry out without cost to the department.

Trans 220.03(13) (13) “Owner” means the owner of a utility facility.

Trans 220.03(14) (14) “Project plan” means a plan for a highway improvement suitable for the design of utility facility alterations or relocations which the department sends to the owner.

Trans 220.03(15) (15) “Reconstruction” means an improvement project which rebuilds an existing facility and may include reducing curvature or grades and widening pavement and shoulders.

Trans 220.03(16) (16) “Resurfacing” means an improvement project which provides a new roadway surface on an existing pavement and may include minor base patching, intersection paving, shoulder gravel and selective beam guard.

Trans 220.03(17) (17) “State trunk highway” means any highway designated as part of the state trunk highway system pursuant to s. 84.02 or 84.29, Stats., exclusive of connecting highways.

Trans 220.03(18) (18) “Utility facility” includes cable services.

Trans 220.03(19) (19) “Work plan” means a plan of the owner to carry out utility facility alteration or relocation work to accommodate an improvement project of the department.

Trans 220.03(20) (20) “Working day” means a business day on which weather and other conditions not under the control of the owner will permit utility facility alteration and relocation work to proceed for at least 8 hours of the day with the normal working force of the owner engaged in performing the controlling item of work in accordance with the owner’s approved work plan. In determining the normal working force of the owner, consideration shall be given for any diversion of the owner’s working force that is required to respond to an emergency involving restoration of critical utility service.

Trans 220.03 History History: Cr. Register, February, 1994, No. 458, eff. 3-1-94.

Trans 220.04 Trans 220.04 Notification.

Trans 220.04(1) (1) The department shall make a reasonable effort to determine what utility facilities are located within the right of way of a proposed improvement project by researching permit files, reviewing map files maintained by the department, field investigation or contact with one call locating services, and through contacts with local governmental units.

Trans 220.04(2) (2) The department shall identify the owner of facilities determined in sub. (1) by name.

Trans 220.04(3) (3) The department shall notify the owner of the proposed improvement by mail. The department may include a receipt of mailing form with the notification, in which case the owner shall complete the form and mail it back to the department within 7 calendar days of receipt.

Trans 220.04(4) (4) The notification shall include the name or route number, or both, of the highway, the geographical limits of the improvement, general description of the work to be done, desired date for completion of utility coordination and anticipated year of construction of the improvement.

Trans 220.04(5) (5) Within 60 calendar days of mailing the notification referred to in sub. (3), the owner shall provide the information specified in s. 84.063 (2) (b), Stats., by mail; that is, a description and the general location of each utility facility in the vicinity of the improvement. The utility shall reply whether or not it has facilities in the vicinity.

Trans 220.04 Note Note: Section 84.063 (2) (b), Stats., reads as follows:

Trans 220.04 Note (2) (b) Within a specified period after the date the notice is received, the utility facility owner shall provide the department with a description and the general location of each utility facility in the proposed highway improvement right-of-way.

Trans 220.04 History History: Cr. Register, February, 1994, No. 458, eff. 3-1-94.

Trans 220.05 Trans 220.05 Project and work plans.

Trans 220.05(1) (1) After the owner responds with the information specified in s. 84.063 (2) (b), Stats., the department shall mail the owner at least one set of the available project plan. The project plan shall show all existing utility facilities known to the department that are located in the right of way where they will conflict with the improvement.

Trans 220.05(2) (2) The department may include a receipt of mailing form. If a receipt of mailing form is sent, the owner shall complete the form and mail it back to the department within 7 calendar days of receipt.