Chapter Trans 29

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.

Trans 29.12(6)(c) (c) As a special condition of the permit, a railroad operator may require that backfill and track resurfacing be performed by the railroad operator’s forces or under its direction at the expense of the utility.

Trans 29.12(7) (7) Untrenched construction. A utility may install or modify a pipeline by tunneling, boring and jacking, coring or dry boring. Untrenched construction shall extend beneath the entire track zone. Boring shall result in a close fit to the casing or to the pipeline. The utility shall maintain the minimum satisfactory distances between the centerline of the track and the headers.

Trans 29.12(8) (8) Adjusting existing pipelines. A utility shall adjust any of its existing pipelines as follows:

Trans 29.12(8)(a) (a) The pipeline shall be protected as is required for a new pipeline by subs. (4) and (5).

Trans 29.12(8)(b) (b) The pipeline shall be relocated if the pipeline bedding is depressed by railroad loads or if the pipeline may be damaged because of insufficient cover.

Trans 29.12(8)(c) (c) If the pipeline is too weak to support superimposed railroad loads, the pipeline shall be replaced by stronger pipe or protected in some other reasonable manner acceptable to the department.

Trans 29.12(8)(d) (d) A railroad operator shall notify a utility of any railroad construction affecting the utility’s pipelines. The utility shall be responsible for the security of each existing pipeline within the construction zone. If there are unusual utility facility hazards or if heavy construction equipment is used, the utility shall provide either a temporary protective cover of earth or a bridge over the pipeline.

Trans 29.12(8)(e) (e) The utility shall bear all expenses incurred in adjusting utility facilities. This may include a new permit fee and reimbursement to the railroad operator for its expenditures.

Trans 29.12 Note Note: The American Railway Engineering Association manual material is on file at the offices of the Department of Transportation, the Secretary of State, and the Legislative Reference Bureau.

Trans 29.12 History History: Cr. Register, December, 1985, No. 360, eff. 1-1-86; am. (1) (b), (2) (b), (4) (a) 1., (b) 2. (intro.), 4. and 6., (5) (intro.) and (c) 1., r. (4) (a) 2., 5. to 8., (b) 2. a. to d., renum. (4) (a) 3. and 4. to be (4) (a) 2. and 3., Register, January, 1999, No. 517, eff. 2-1-99; Chapter Trans 29 was republished to correct an error in transcription in (2) (a) Register October 2024 No. 826.

Trans 29.13 Trans 29.13 Attaching utility facilities to railroad bridges.

Trans 29.13(1) (1) General. A utility may attach a utility facility to a steel or concrete railroad bridge where to do so does not adversely affect the structural adequacy of the bridge, the safe operation of the railroad, the efficiency of railroad maintenance or the aesthetic appearance of the bridge. If it is feasible at reasonable cost to locate a utility facility elsewhere, a utility shall not attach its facilities to a railroad bridge. Utility facilities may not be attached to wood trestles.

Trans 29.13(2) (2) Bridge attachment.

Trans 29.13(2)(a) (a) A utility facility may be placed beneath a steel bridge floor inside the outer girders or beams or alternatively may be placed within a cell at an elevation above the lowest superstructure.

Trans 29.13(2)(b) (b) Electric power facilities or communication line facilities shall be satisfactorily insulated, grounded and carried in protective conduit or pipe on the bridge structure. The carrier conduit or pipe shall be suitably insulated from electric power line facilities.

Trans 29.13(2)(c) (c) Pipelines attached to a bridge may not exceed the maximum allowable operating pressure of the pipe. No pipeline conveying flammable materials may be attached to a steel bridge structure.

Trans 29.13(2)(d) (d) A utility shall employ methods of suspending the utility facility, of allowing for expansion and contraction and of going through or around bridge abutments that are acceptable to the department.

Trans 29.13 History History: Cr. Register, December, 1985, No. 360, eff. 1-1-86; am. (2) (c), Register, January, 1999, No. 517, eff. 2-1-99.

Trans 29.14 Trans 29.14 Electric power and communication circuits.

Trans 29.14(1) (1) Underground.

Trans 29.14(1)(a) (a) A utility may install or modify electric power or communication facilities by trenching, direct burial, plowing, boring or jacking. Boring without conduit is permissible where soil conditions allow. Underground utility construction shall conform with all applicable codes, standards and specifications.

Trans 29.14(1)(b) (b) The vertical distance from the top of the finished railroad property surface to the top of the conduit, or top of the casing where required, shall be at least 2 feet. This distance may not be reduced unless the circuit is satisfactorily protected with suitable protective covering or conduit.

Trans 29.14(1)(c) (c) All provisions of this chapter, except for s. Trans 29.12 (4) and (6) (b), shall apply to underground electric power or communications utility facilities unless clearly inconsistent with this section.

Trans 29.14(2) (2) Overhead power and communication circuits.

Trans 29.14(2)(a) (a) The space between the track zone and the department railroad property boundary lines shall be kept as free from obstructions as practicable. If an above-ground utility facility is permitted, it shall be located so as not to interfere with railroad operations or maintenance and may not be concealed by vegetation. It should be placed as close as practicable to an existing fence or to a department railroad property boundary line. Adjustments because of the terrain traversed may be made in locating poles, guys, and related facilities on the department railroad property.

Trans 29.14(2)(b) (b) The minimum vertical clearance for overhead electric power and communication circuits above the department railroad property and the minimum horizontal and vertical clearances from bridges or from other railroad facilities shall conform to the Wisconsin state electrical code found in ch. PSC 114, Wis. Adm. Code, and to s. RR 2.14, Wis. Adm. Code.

Trans 29.14(2)(c) (c) Any longitudinal installation or modification of overhead lines on department railroad property shall have single pole construction, unless the department shall approve another construction prior to installation or modification and then only in areas that are more than 40 feet from the nearest rail. Single pole construction with joint use is desirable where more than one utility requires longitudinal installation over the same segment of department railroad property.

Trans 29.14(3) (3) Casing requirements.

Trans 29.14(3)(a) (a) Electric power or communication circuits may be installed or modified beneath department railroad property without protective casing. Cable installation shall be by direct burial or small bores. Where soil conditions permit, cable installation may be by boring a hole about the same diameter as the cable and pulling the cable through.

Trans 29.14(3)(b) (b) Where an underground circuit crossing is encased in protective casing, the casing shall extend to a minimum of 13 feet from the centerline of the track or, if more than one track is present, from the centerline of the nearest track.

Trans 29.14(3)(c) (c) The department may require casing for any circuit having less than the minimum burial depth, located too near the footings of a bridge, or required by an industry or company code or policy or by a public agency code, law or ordinance to be encased.

Trans 29.14 History History: Cr. Register, December, 1985, No. 360, eff. 1-1-86; correction in (2) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1987, No. 384; correction in (2) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1996, No. 488; am. (1) (a), Register, January, 1999, No. 517, eff. 2-1-99.

Trans 29.15 Trans 29.15 Indemnification and insurance.

Trans 29.15(1) (1) Hold harmless.

Trans 29.15(1)(a) (a) The utility shall hold the department, transit commission and railroad operator, their officers, employees and agents, harmless from all liability, loss, demands or actions connected with, or claimed to be connected with, either any act or omission of the utility, its agents, employees or officials, or any accident or occurrence that happens, or is alleged to have happened, in or about a place where any utility act or omission occurs while the utility is performing its work, while a utility permit or an agreement between the utility and the department is in effect or while any of the utility’s facilities, property or personnel are in or about the place where the utility act or omission occurs or are in or about the department railroad property.

Trans 29.15(1)(b) (b) Nothing in this subsection, however, shall require a utility to hold the department, transit commission or railroad operator, their officers, employees or agents, harmless from that portion of any liability, loss, demand or action arising out of the acts or omissions of the department, transit commission or railroad operator or of their officers, employees or agents.