Chapter Trans 57

Trans 57.04 History History: Cr. Register, January, 1999, No. 517, eff. 2-1-99.

Trans 57.05 Trans 57.05 Application evaluation.

Trans 57.05(1) (1) An applicant proposing to establish a new airport shall submit an application for airport site approval.

Trans 57.05(2) (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:

Trans 57.05(2)(a) (a) The location of existing and planned highways and railroads.

Trans 57.05(2)(b) (b) The location and type of identified obstructions.

Trans 57.05(2)(c) (c) Regional planning commission plans, if applicable.

Trans 57.05(2)(d) (d) County or local plans and requirements.

Trans 57.05(2)(e) (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.

Trans 57.05(2)(f) (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.

Trans 57.05 Note 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 [phone].

Trans 57.05(3) (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.

Trans 57.05(4) (4) No fee shall be charged for the application, review or issuance of a certificate.

Trans 57.05 History History: Cr. Register, January, 1999, No. 517, eff. 2-1-99.

Trans 57.06 Trans 57.06 Public hearing. The bureau may, at its discretion, hold a public hearing on the proposed airport site.

Trans 57.06 History History: Cr. Register, January, 1999, No. 517, eff. 2-1-99.

Trans 57.07 Trans 57.07 Issuance 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.

Trans 57.07 Note Note: No certificate may be issued for seaplane bases as the waters within Wisconsin are sovereign to the people of the state.

Trans 57.07 History 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 57.08 Trans 57.08 Appeal.

Trans 57.08(1) (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.

Trans 57.08(2) (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.

Trans 57.08(3) (3) Reapplication. The applicant may reapply when identified discrepancies that conflict with transportation facilities are resolved.

Trans 57.08 History History: Cr. Register, January, 1999, No. 517, eff. 2-1-99.

Trans 57.09 Trans 57.09 Non-compliance.

Trans 57.09(1) (1) Individuals who violate any provision of this chapter shall be subject to penalties in accordance with s. 114.27, Stats.

Trans 57.09(2) (2) When the department becomes aware of a compliance discrepancy, the secretary may suspend the certificate of airport site approval.

Trans 57.09(3) (3) The department may initiate an informal meeting with the airport owner to clarify the compliance issue and recommend corrective action, if required.

Trans 57.09(4) (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.

Trans 57.09(5) (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.

Trans 57.09(6) (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.

Trans 57.09 History History: Cr. Register, January, 1999, No. 517, eff. 2-1-99.

Trans 57.10 Trans 57.10 Notice of hearing. Notification of all hearings regarding this chapter shall be made in accordance with s. 114.134 (4), Stats.

Trans 57.10 History History: Cr. Register, January, 1999, No. 517, eff. 2-1-99.