Chapter Trans 56

ERECTION OF HIGH STRUCTURES

Trans 56.01   Purpose.

Trans 56.02   Applicability.

Trans 56.03   Definitions.

Trans 56.04   Permits.

Trans 56.05   Marking and lighting.

Ch. Trans 56 Note Note: Chapter Aer 3 as it existed on June 30, 1994, was repealed and a new chapter Trans 56 was created effective July 1, 1994.

Trans 56.01 Trans 56.01 Purpose. This chapter prescribes procedures for the permitting of the erection of high structures or other objects affecting airspace in the state of Wisconsin.

Trans 56.01 History History: Cr. Register, June, 1994, No. 462, eff. 7-1-94.

Trans 56.02 Trans 56.02 Applicability. This chapter applies to any person desiring to erect any building, structure, tower or other object affecting the limitations expressed in s. 114.135 (7), Stats. It describes the minimum requirements that a person shall meet before erecting such a structure. This chapter shall not apply to any structure erected or approved for erection prior to July 1, 1994 unless subsequent addition to that structure would cause it to exceed its original height.

Trans 56.02 History History: Cr. Register, June, 1994, No. 462, eff. 7-1-94.

Trans 56.03 Trans 56.03 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 56.03(1) (1) “Adverse impact” means an increased level of risk to a pilot flying in navigable airspace, degradation of safety, increased risk to the safe operation of aircraft in airport traffic patterns, approaches and departures, or other action affecting aviation that is harmful to the public interest.

Trans 56.03(2) (2) “AGL” means above ground level.

Trans 56.03(3) (3) “AMSL” means above mean sea level.

Trans 56.03(4) (4) “Applicant” means any person proposing to erect any structure that would exceed the limitations expressed in s. 114.135 (7), Stats.

Trans 56.03(5) (5) “Cardinal altitude” means an altitude which commences at 2,000 AMSL and increases in 500 increments.

Trans 56.03(6) (6) “Erect” or “erection” means to raise or construct any building, structure, tower or other object, or increase the height of any existing building, structure, tower or other object.

Trans 56.03(7) (7) “FAA” means federal aviation administration.

Trans 56.03(8) (8) “FCC” means the federal communications commission.

Trans 56.03(9) (9) “Navigable airspace” means that airspace suitable for transit by aircraft in accordance with 14 CFR part 91.

Trans 56.03(10) (10) “Public airport” means any airport open to the regular use of the general public, without prior permission.

Trans 56.03(11) (11) “Secretary” means the secretary of the department of transportation.

Trans 56.03(12) (12) “Structure” means any building, structure, tower or other object.

Trans 56.03(13) (13) “Tower farm” means a grouping of tall towers in clusters.

Trans 56.03(14) (14) “VFR” means visual flight rule.

Trans 56.03(15) (15) “VFR corridor” means a commonly used route identified by clearly discernible ground references including, but not limited to, railroad tracks, interstate highways, rivers or shorelines.

Trans 56.03(16) (16) “Victor airway” means a very high frequency omnidirectional range federal airway.

Trans 56.03 History History: Cr. Register, June, 1994, No. 462, eff. 7-1-94.

Trans 56.04 Trans 56.04 Permits.

Trans 56.04(1) (1) Permit required. Any person desiring to erect a structure that exceeds the limitations in s. 114.135 (7), Stats., shall obtain a permit from the secretary. Where an addition to an existing structure would cause the structure to exceed the height specified in an existing permit, an amended permit shall be obtained. It is the responsibility of the applicant to properly apply for and obtain the required permit.

Trans 56.04(2) (2) Authority granted by permit.

Trans 56.04(2)(a) (a) By issuing a permit, the secretary authorizes the erection of the proposed structure, subject to the conditions in the permit.

Trans 56.04(2)(b) (b) A permit does not relieve the permit holder from compliance with other applicable federal, state and local laws and requirements.

Trans 56.04(2)(c) (c) The conditions under which a permit is granted include:

Trans 56.04(2)(c)1. 1. Written notification to the secretary when erection of the structure has begun, and again upon completion.

Trans 56.04(2)(c)2. 2. Written certification to the secretary of the final height upon completion of the structure. Transmission of the appropriate FAA supplemental notification forms or the department of industry, labor and human relations certificate of completion form to the secretary shall fulfill the requirements of subd. 1.

Trans 56.04(2)(c)3. 3. Written notification to the secretary within 30 days of a change in ownership of the structure.

Trans 56.04(2)(c)4. 4. Such other necessary and related conditions as the secretary may specify.

Trans 56.04(3) (3) Permit application general requirements.

Trans 56.04(3)(a) (a) Each person who proposes to erect a structure that requires a permit, including increasing the height of an existing structure permitted under s. 114.135 (6) and (7), Stats., shall file an application with the secretary. Applications shall be filed with the secretary at the address specified on the application.

Trans 56.04 Note Note: Application forms for the permits required under s. 114.135 (6), Stats., can be obtained from the Wisconsin Department of Transportation, P. O. Box 7914, Madison, WI 53707-7914.

Trans 56.04(3)(b) (b) An application for a permit shall include the following information:

Trans 56.04(3)(b)1. 1. Name and address of the owner of the proposed structure.

Trans 56.04(3)(b)2. 2. Name and address of the applicant, if different from the owner.

Trans 56.04(3)(b)3. 3. Location of the proposed structure to within 5 seconds of latitude and longitude.

Trans 56.04(3)(b)4. 4. Location of the proposed structure depicted on a United States coast and geodetic survey 7.5 or 15 quadrangle map, or acceptable copy, and by the quarter quarter section of the United States survey.

Trans 56.04(3)(b)5. 5. Maximum height AGL of the proposed structure, including all appurtenances and lighting.

Trans 56.04(3)(b)6. 6. Maximum elevation AMSL of the proposed structure, including all appurtenances and lighting.

Trans 56.04(3)(b)7. 7. Direction and distance to the closest point of the nearest end of runway of the nearest public airport.

Trans 56.04(3)(b)8. 8. Description of the marking and lighting proposed to be installed.

Trans 56.04(3)(b)9. 9. A copy of the completed FAA form 7460-1, notice of proposed construction or alteration, relative to the proposed structure if one is required.

Trans 56.04(3)(c) (c) The application shall be signed by an authorized officer, employe, agent or representative of the applicant.

Trans 56.04(3)(d) (d) An incomplete application may be returned to the applicant for further information without action.

Trans 56.04(3)(e) (e) The secretary may require additional information deemed necessary by the department to the permit process.

Trans 56.04(3)(f) (f) An amendment to an existing permit may be requested by application to the secretary.

Trans 56.04(3)(g) (g) The applicant shall be notified within 30 days of receipt of an application if a permit is not required.

Trans 56.04(4) (4) Permit application processing.

Trans 56.04(4)(a) (a) The application may be filed at any time.

Trans 56.04(4)(b) (b) Upon receipt of a properly completed application, the secretary shall initiate a study. That study shall include the following:

Trans 56.04(4)(b)1. 1. An analysis of the potential impacts of the proposed structure on the safe operation of aircraft and the public interest.

Trans 56.04(4)(b)2. 2. Except as provided in par. (h), notification, within 15 working days of receipt of the application, to all airports which may be affected by the proposed structure and to other interested persons, including all known airports within 10 nautical miles of the proposed structure.

Trans 56.04(4)(b)3. 3. Except as provided in par. (d) and subject to par. (g), such notice shall provide 90 days for public comment on the proposal.

Trans 56.04(4)(c) (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.

Trans 56.04(4)(d) (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.

Trans 56.04(4)(e) (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.

Trans 56.04(4)(f) (f) If no hearing is requested, the decision shall become final 20 days after the date of issuance.

Trans 56.04(4)(g) (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.

Trans 56.04(4)(h) (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.

Trans 56.04(4)(i) (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.

Trans 56.04(5) (5) Permit contents. The permit shall include the following:

Trans 56.04(5)(a) (a) Name and address of the permittee.

Trans 56.04(5)(b) (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.

Trans 56.04(5)(c) (c) The maximum allowable height of the structure, including all appurtenances and lighting fixtures.

Trans 56.04(5)(d) (d) The required marking and lighting.

Trans 56.04(5)(e) (e) Notification that the subject structure shall be erected within one year after the date a permit is issued.

Trans 56.04(6) (6) Permit violations.

Trans 56.04(6)(a) (a) A permit may be revoked or amended by the secretary for any lawful reason including, but not limited to, the following:

Trans 56.04(6)(a)1. 1. Failing to properly maintain the marking and lighting designated by the FAA and FCC.

Trans 56.04(6)(a)2. 2. Exceeding the permitted height of the structure.

Trans 56.04(6)(a)3. 3. Abandoning the structure.

Trans 56.04(6)(a)4. 4. Violating any of the conditions of the permit.

Trans 56.04(6)(a)5. 5. The amending of an FAA no hazard determination regarding the proposed structure.

Trans 56.04(6)(a)6. 6. Not complying with the terms of an amendment to an FAA no hazard determination relating to the proposal.

Trans 56.04(6)(b) (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.

Trans 56.04(6)(c) (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.

Trans 56.04(6)(d) (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.

Trans 56.04(6)(e) (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.