Chapter Trans 56

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.

Trans 56.04(6)(f) (f) A permit shall terminate 60 days after the collapse or removal of the structure or after the secretary issues a determination of abandonment of the structure unless, within such 60 days, the permittee notifies the department that it intends to either erect a replacement structure within the parameters of the existing permit or repair the existing structure.

Trans 56.04(6)(g) (g) Any person who erects a structure without obtaining a required permit may be subject to the penalties in s. 114.27, Stats.

Trans 56.04(7) (7) Application evaluation.

Trans 56.04(7)(a) (a) The secretary shall consider the following in determining if a proposed structure will create an adverse impact on the safe operation of aircraft including, but not limited to, the impact on:

Trans 56.04(7)(a)1. 1. A minimum altitude on a published instrument approach procedure.

Trans 56.04(7)(a)2. 2. Existing instrument departure minimums.

Trans 56.04(7)(a)3. 3. Airport traffic patterns at public airports.

Trans 56.04(7)(a)4. 4. A cardinal altitude along a victor airway, published routing or VFR corridor.

Trans 56.04(7)(a)5. 5. Airspace affected by a proposed structure over 1,000 AGL outside a tower farm or over 500 AGL under an airport radar service area outside a tower farm.

Trans 56.04(7)(a)6. 6. Airspace affected by a proposed structure over 500 AGL in remote areas which may be difficult to see.

Trans 56.04(7)(a)7. 7. Airspace affected by proposed structures located in areas of known regular, reoccurring use by pilots including, but not limited to, published flight corridors and arrival or departure routes for the annual experimental aircraft association convention and air show at Oshkosh.

Trans 56.04(7)(a)8. 8. Visual or instrument operations at an airport or runway shown on a plan approved by the secretary.

Trans 56.04(7)(b) (b) The secretary shall approve a permit if all of the following criteria are satisfied:

Trans 56.04(7)(b)1. 1. If an FAA aeronautical study is required, the secretary receives a copy of the determination of no hazard.

Trans 56.04(7)(b)2. 2. The secretary concludes that the structure will not create an adverse impact on the safe operation of aircraft.

Trans 56.04(7)(c) (c) The secretary shall deny a permit if any of the criteria in par. (b) is not met.

Trans 56.04 History History: Cr. Register, June, 1994, No. 462, eff. 7-1-94.

Trans 56.05 Trans 56.05 Marking and lighting.

Trans 56.05(1) (1) All marking and lighting shall be in accordance with the standards prescribed in the FAA publication, AC 70/7460-1H, “Obstruction Marking and Lighting,” as amended. The applicant shall comply with designated FAA and FCC marking and lighting.

Trans 56.05(2) (2) In the event of any deficiency in marking or lighting, the owner shall initiate repairs and notify the FAA in accordance with the current FAA marking and lighting publication.

Trans 56.05 Note Note: The federal standards prescribed above may be obtained from the Wisconsin Department of Transportation, 4802 Sheboygan Avenue, Room 701, P. O. Box 7914, Madison, WI 53707-7914. These standards are also on file with the Attorney General’s office and the Legislative Reference Bureau.

Trans 56.05 History History: Cr. Register, June, 1994, No. 462, eff. 7-1-94.