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(20)“Traverse ways” means any routes used by the public including, but not limited to roads, highways, public trails, bike paths, railroads and waterways.
(21)“VFR” has the same meaning as provided in s. Trans 56.03 (14).
History: Cr. Register, January, 1999, No. 517, eff. 2-1-99.
Trans 57.03Responsibility. The secretary, or the secretary’s designee, may issue a certificate of airport site approval for a new airport upon determination that the location is compatible with existing and planned transportation facilities in the area.
History: Cr. Register, January, 1999, No. 517, eff. 2-1-99; CR 22-048: am. Register July 2023 No. 811, 8-1-23.
Trans 57.04Standards. The following standards shall be met in order to maintain airport site compatibility with existing and planned transportation facilities in the area:
(1)Airports.
(a) All objects within the approach area of each runway shall be considered in determining compliance. Each type of traverse way is considered to be an object with a clearance height as follows:
1. Public roads, 15 feet.
2. Private roads, 10 feet.
3. Interstate highways, 17 feet.
4. Railroads, 23 feet.
5. Waterways and other traverse ways, an amount equal to the height of the highest mobile object that would normally travel upon them.
(b) A displaced threshold shall be marked similar to attached diagram B for runways with other than paved surfaces. Runways with paved surfaces shall be marked in accordance with FAA advisory circular 150/5340-1G, “Standards for Airport Markings,” September 27, 1993. In addition, if the runway is lighted, the displaced threshold shall be lighted in accordance with FAA advisory circular 150/5340-24, “Runway and Taxiway Edge Lighting System,” September 3, 1975. It applies to low intensity runway lighting systems and medium intensity systems.
Note: These FAA advisory circulars are available from the United States Department of Transportation, Distribution Unit, TAB 443.1, Washington, D. C. 20590, and are also on file with the offices of the Legislative Reference Bureau and Secretary of State.
(c) The effective runway length to be reported for each runway landing direction is the physical length of the runway less the displaced threshold at the approach end of the runway.
(2)Airports open to the public.
(a) If any object penetrates the approach surface, then the runway threshold, the point of interception of the approach area and the approach surface shall be displaced down the landing runway.
(b) The displaced threshold shall be located at a point where no object penetrates the approach surface.
(3)Airports not open to the public.
(a) The displaced threshold shall be located at a point where no public traverse way clearance height penetrates the approach surface.
(b) If the clearance height assigned to any public traverse way penetrates the approach surface, then the runway threshold, the point of interception of the approach area and the approach surface shall be displaced down the landing runway.
(c) A displaced threshold shall be marked similarly to attached diagram B for runways with other than paved surfaces. Runway marking and lighting is subject to FAA advisory circular criteria which are identical to airports open to the public.
(d) The effective runway length to be reported for each runway landing direction is the physical length of the runway less the displaced threshold at the approach end of the runway.
History: Cr. Register, January, 1999, No. 517, eff. 2-1-99.
Trans 57.05Application evaluation.
(1)An applicant proposing to establish a new airport shall submit an application for airport site approval.
(2)The bureau shall review the application to determine if the location of the proposed airport site is compatible with existing and planned transportation facilities in the area. An airport study shall be conducted including review of:
(a) The location of existing and planned highways and railroads.
(b) The location and type of identified obstructions.
(c) Regional planning commission plans, if applicable.
(d) County or local plans and requirements.
(e) Potential conflicts with other airports. A certificate of site approval may be denied if conflicts resulting from overlapping traffic patterns cannot be resolved by nonstandard traffic patterns or written agreement between the airport owners.
(f) FR and VFR traffic considerations. A certificate of site approval may be denied if the proposed site underlies the airspace in the primary approach area for an instrument approach, and the traffic pattern altitude conflicts with published altitudes for the approach.
Note: Published altitudes are contained in the U.S. Terminal Procedures, published by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Ocean Service, NOAA, N/ACC3, Distribution Division, Riverdale, MD 20737, telephone (800) 638-8972.
(3)An FAA airspace determination shall be considered in the bureau’s study, but is not binding or conclusive. An objectionable airspace determination by the FAA may be considered sufficient grounds to deny a certificate.
(4)No fee shall be charged for the application, review or issuance of a certificate.
History: Cr. Register, January, 1999, No. 517, eff. 2-1-99.
Trans 57.06Public hearing. The bureau may, at its discretion, hold a public hearing on the proposed airport site.
History: Cr. Register, January, 1999, No. 517, eff. 2-1-99.
Trans 57.07Issuance of certificate. A certificate may be issued by the secretary, or the secretary’s designee, if it is determined that the location of the proposed airport site is compatible with existing and planned transportation facilities in the area. A certificate does not waive or preempt compliance with any applicable ordinances, laws or regulations of any other governmental body or agency. The certificate is permanent.
Note: No certificate may be issued for seaplane bases as the waters within Wisconsin are sovereign to the people of the state.
History: Cr. Register, January, 1999, No. 517, eff. 2-1-99; CR 22-048: am. Register July 2023 No. 811, eff. 8-1-23.
Trans 57.08Appeal.
(1)General. The secretary shall grant a formal hearing at the request of any applicant after any refusal to issue a certificate. The matter shall be referred to the division of hearings and appeals.
(2)Informal hearing. If an applicant desires an informal meeting with the department to address specific grievances to the action, relevant facts and determination of law upon which the grievance is based, the applicant shall do so within 30 days after any refusal to issue a certificate.
(3)Reapplication. The applicant may reapply when identified discrepancies that conflict with transportation facilities are resolved.
History: Cr. Register, January, 1999, No. 517, eff. 2-1-99.
Trans 57.09Non-compliance.
(1)Individuals who violate any provision of this chapter shall be subject to penalties in accordance with s. 114.27, Stats.
(2)When the department becomes aware of a compliance discrepancy, the secretary may suspend the certificate of airport site approval.
(3)The department may initiate an informal meeting with the airport owner to clarify the compliance issue and recommend corrective action, if required.
(4)If the informal meeting fails to resolve compliance disputes, the secretary shall issue a notice to the airport owner detailing such alleged disputes and requesting corrective action.
(5)An airport owner shall have 45 days after receipt of notice to resolve discrepancies or reply in writing explaining a proposed course of action to resolve the discrepancy in a timely fashion.
(6)If the compliance discrepancy is not resolved within 90 days after receipt of notice, the secretary may rescind the certificate of airport site approval.
History: Cr. Register, January, 1999, No. 517, eff. 2-1-99.
Trans 57.10Notice of hearing. Notification of all hearings regarding this chapter shall be made in accordance with s. 114.134 (4), Stats.
History: Cr. Register, January, 1999, No. 517, eff. 2-1-99.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.