Chapter Trans 29

Trans 29.03(5) (5) “Circuit” means a conductor or system of conductors through which electric current or light can flow or travel.

Trans 29.03(6) (6) “Conduit” means channels or tubes for enclosing and protecting communication or electric power lines.

Trans 29.03(7) (7) “Department” means the Wisconsin department of transportation or any successor to that department charged by law with administering Wisconsin’s railroad programs.

Trans 29.03(8) (8) “Department railroad property” means railroad property or rail or land bank property owned, controlled or possessed by the department.

Trans 29.03(9) (9) “Duct” means a tube or pipe designed or used for enclosing and protecting wire or cable underground.

Trans 29.03(10) (10) “Installation” means the initial placement of a utility facility upon, over, under or within department railroad property.

Trans 29.03(11) (11) “Modification” includes changing or adjusting the physical location or capacity of an existing utility facility located on department railroad property by such actions as placing additional overhead wires; replacing existing overhead wires with higher voltage wires; changing the existing placement of poles, pedestals or other above-ground appurtenances; or replacing underground carrier pipes or casings.

Trans 29.03(12) (12) “Pipeline” means a utility facility installed to carry or convey a fluid, gas or other material underground and includes the casing and the carrier.

Trans 29.03(13) (13) “Plowing” means a mechanical technique for direct burial of a carrier, duct or cable in a furrow or groove cut into the ground by a single operation, without any intervening activity between the cutting of the furrow or groove and the burial of the carrier, duct or cable.

Trans 29.03(14) (14) “Railroad facility” means track, ties, drainage structure, bridge or related items used for existing or for anticipated railroad operations.

Trans 29.03(15) (15) “Rail or land bank property” means railroad property or facilities owned, controlled or possessed by the department for future rail or other transportation purposes and on which there is no current railroad operator.

Trans 29.03(16) (16) “Railroad operator” means a railroad carrier that provides rail service over a department railroad property or that is under an agreement with a transit commission to provide rail service over the department’s railroad property.

Trans 29.03(17) (17) “Railroad property” means land, usually a strip, used in the operation, maintenance or construction of a railroad.

Trans 29.03(18) (18) “Routine maintenance” includes work concerning the normal upkeep and servicing of a utility facility and includes those utility facility changes not defined as an installation or modification.

Trans 29.03(19) (19) “Separate utility installation” means a distinct utility activity or service.

Trans 29.03(20) (20) “Track zone” means:

Trans 29.03(20)(a) (a) The track structure, including, but not limited to, the rails, ties or fastenings; and

Trans 29.03(20)(b) (b) The substructure upon which the track is located, including, but not limited to, the ballast, subballast or embankment, extending out from the track centerline a minimum of 12 feet on either side. In the following circumstances, however, the track zone extends beyond the 12 foot minimum on either side of the track centerline:

Trans 29.03(20)(b)1. 1. In embankments, the outer boundary of the track zone is the toe of the embankment slope, which is the intersection of an embankment slope with the ground surface; and

Trans 29.03(20)(b)2. 2. In cuts, the outer boundary of the track zone is the intersection of the plane of the roadbed with the cut slope.

Trans 29.03(21) (21) “Transit commission” means a local government commission formed under s. 59.58 (3), 66.0301, or 66.1021, Stats., for the purpose of preserving rail service.

Trans 29.03(22) (22) “Utility” means:

Trans 29.03(22)(a) (a) Any corporation, company, individual or association, including their lessees, trustees or receivers, or any sanitary district, cooperative association, town, village or city that owns, operates, manages or controls any plant or fixed equipment within this state for the conveyance of messages or for the production, transmission, delivery or furnishing of power, electricity, light, heat, gas, oil, crude products, water, steam, waste or storm water.

Trans 29.03(22)(b) (b) The owners, operators, managers, or controllers of cable television systems, publicly owned fire or police signal systems, traffic and street lighting facilities, or private utilities.

Trans 29.03(23) (23) “Utility facility” means all physical components of a utility located upon, over, under or within the department railroad property.

Trans 29.03(24) (24) “Utility permit” or “permit” means the document by which the department grants a utility permission to use or occupy department railroad property.

Trans 29.03 History History: Cr. Register, December, 1985, No. 360, eff. 1-1-86; r. and recr. (1), am. (4), (8), (18) and (19), Register, January, 1999, No. 517, eff. 2-1-99; corrections in (21) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Trans 29.04 Trans 29.04 Permits.

Trans 29.04(1) (1) Permit required.

Trans 29.04(1)(a) (a) A utility shall obtain a permit from the department before installing or modifying a utility facility on any department railroad property. It is the responsibility of the utility to apply for and obtain the required permit.

Trans 29.04(1)(b) (b) A permit is required for every separate utility installation or modification. A utility may include several utility facilities in the same application if the utility owns each facility and the installation or modification occurs at the same time.

Trans 29.04(2) (2) Authority granted by permit.

Trans 29.04(2)(a) (a) By issuing a permit, the department:

Trans 29.04(2)(a)1. 1. Approves, subject to the permit conditions, a specified use and occupancy of department railroad property; but

Trans 29.04(2)(a)2. 2. Does not warrant that title to the department railroad property is free and clear of all encumbrances, that it has sole ownership or that it will defend the utility in its peaceful use and occupancy of the department railroad property.

Trans 29.04(2)(b) (b) A permit from the department does not relieve a utility from the responsibility to comply with all applicable federal and state laws and local ordinances affecting the design, materials or performance of the permitted activity and does not supersede any other governmental requirements for plan approval or for authority to undertake the permitted activity.

Trans 29.04(2)(c) (c) The department may terminate a permit at any time for any lawful reason. A utility shall not obtain any interest or estate of any kind or extent whatsoever in the department railroad property by reason of a permit or by reason of the occupancy or use permitted. The permit is personal to the utility and shall not pass to its successors or assigns. Upon request, however, to ease the burdens accompanying utility ownership changes, the department may allow a successor utility to obtain permits identical to those held by its predecessor; this may be done by filing a request to obtain permits identical to those held by the predecessor utility and shall not require the permittee to file a permit application under this chapter for each separate permit sought.

Trans 29.04(3) (3) Facilities within highway right-of-way.

Trans 29.04(3)(a) (a) The department shall require a utility highway permit for a utility facility proposed within that portion of department railroad property that lies within a state trunk highway right-of-way. A utility facility authorized within department railroad property by a highway permit shall be constructed in accordance with this chapter.

Trans 29.04(3)(b) (b) A utility shall obtain a permit under this chapter where a utility facility either exists or is proposed within a town, county, village or city highway or street right-of-way existing over, upon or across department railroad property.

Trans 29.04(4) (4) Permit application processing.

Trans 29.04(4)(a) (a) A permit application shall be required for each separate utility facility, except for the placement of additional circuits, cables, tubes or appurtenances within an existing conduit or duct. A utility seeking a permit shall provide the department with 4 copies of a utility permit application. The department shall distribute the permit application for timely comment and review to the appropriate transit commission, to the railroad operator and to all appropriate department offices. The department shall seek concurrence, within 20 business days, from any affected railroad operator and rail transit commission, but the department may approve the permit application without first obtaining the concurrence of the railroad operator or the transit commission.

Trans 29.04(4)(b) (b) Within 25 business days after receiving a fully completed application and the fee required under s. Trans 29.07, the department shall review and shall either grant or deny the application. This review period may be extended by the mutual agreement of the department and the applicant.

Trans 29.04(4)(c) (c) If the department approves the permit application, the department shall issue a permit to the applicant utility. The department shall stamp all forms, plans, sketches or notes attached to the approved permit with the word “APPROVED.” The department shall also distribute complete sets of the approved permit application to the utility, transit commission and railroad operator.

Trans 29.04(5) (5) Information required for permit issuance.

Trans 29.04(5)(a) (a) General requirements. Every utility seeking a permit shall provide the department with adequate information. The detail required may vary with the complexity of the utility facility proposed, but shall include appropriate permit forms, drawings or sketches and utility facility information so that the effect on railroad operations, maintenance, traffic safety and visibility can be properly evaluated.

Trans 29.04(5)(b) (b) Drawings or sketches. A permit application shall include adequate drawings or sketches showing the existing or proposed location of all utility facilities within the department railroad property. The utility shall submit drawings or sketches, drawn to a scale appropriate to the information provided, showing:

Trans 29.04(5)(b)1. 1. Utility facility locations relative to those existing railroad facilities whose existence and location are a relevant consideration in determining the appropriateness, under this rule, of the utility facility installation or modification for which a permit is sought and relative to the department railroad property boundary lines;

Trans 29.04(5)(b)2. 2. All the minimum vertical and horizontal clearances of the proposed utility facilities and the minimum burial depth of underground utility facility installations;

Trans 29.04(5)(b)3. 3. Railroad engineering stationing and milepost numbers, when known, or land ties when railroad engineering stationing or milepost numbers are unavailable; and

Trans 29.04(5)(b)4. 4. The locations of any utility identification pipes and other above-ground appurtenances.

Trans 29.04(5)(c) (c) Description. All applications shall include a general description of the size, nature and extent of each utility facility to be installed, modified or retained within the department railroad property and shall include a general description of the location and general method of facility placement.

Trans 29.04(5)(c)1. 1. Applications for utility facility installations or modifications shall include detail of placement methods, special protection measures, effect on drainage, proposed access points, trees to be trimmed or removed, and, when appropriate, coordination of activities with the railroad operator. Applications for utility facility installation or modification shall also include a description of routine maintenance requirements.

Trans 29.04(5)(c)2. 2. Applications for pipeline installations or modifications shall specify the material transmitted; the maximum working, test and design pressures; and the design standards for the pipeline.

Trans 29.04(5)(c)3. 3. Applications for electrical utility facility installations or modifications shall specify the proposed operating voltages. The permit drawing or sketch shall illustrate the proposed orientation of the lowest line on the supporting structures.

Trans 29.04(5)(c)4. 4. Applications for communication facilities installations or modifications shall specify the outside cable diameter or conduit dimensions, whether aerial or buried.

Trans 29.04 Note Note: Utility permit applications may be obtained from the appropriate department of transportation region office.

Trans 29.04 History History: Cr. Register, December, 1985, No. 360, eff. 1-1-86; am. (1) (b), (3) (a), (4) (a), (b), (5) (b) 4., (c) 1., 3. and 4., Register, January, 1999, No. 517, eff. 2-1-99.

Trans 29.05 Trans 29.05 Utility permit violations.

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.