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.