Trans 29.03(15) (15) “Rail or land bank property” means railroad property or facilities owned, controlled or possessed by the department for future rail or other transportation purposes and on which there is no current railroad operator.

Trans 29.03(16) (16) “Railroad operator” means a railroad carrier that provides rail service over a department railroad property or that is under an agreement with a transit commission to provide rail service over the department’s railroad property.

Trans 29.03(17) (17) “Railroad property” means land, usually a strip, used in the operation, maintenance or construction of a railroad.

Trans 29.03(18) (18) “Routine maintenance” includes work concerning the normal upkeep and servicing of a utility facility and includes those utility facility changes not defined as an installation or modification.

Trans 29.03(19) (19) “Separate utility installation” means a distinct utility activity or service.

Trans 29.03(20) (20) “Track zone” means:

Trans 29.03(20)(a) (a) The track structure, including, but not limited to, the rails, ties or fastenings; and

Trans 29.03(20)(b) (b) The substructure upon which the track is located, including, but not limited to, the ballast, subballast or embankment, extending out from the track centerline a minimum of 12 feet on either side. In the following circumstances, however, the track zone extends beyond the 12 foot minimum on either side of the track centerline:

Trans 29.03(20)(b)1. 1. In embankments, the outer boundary of the track zone is the toe of the embankment slope, which is the intersection of an embankment slope with the ground surface; and

Trans 29.03(20)(b)2. 2. In cuts, the outer boundary of the track zone is the intersection of the plane of the roadbed with the cut slope.

Trans 29.03(21) (21) “Transit commission” means a local government commission formed under s. 59.58 (3), 66.0301, or 66.1021, Stats., for the purpose of preserving rail service.

Trans 29.03(22) (22) “Utility” means:

Trans 29.03(22)(a) (a) Any corporation, company, individual or association, including their lessees, trustees or receivers, or any sanitary district, cooperative association, town, village or city that owns, operates, manages or controls any plant or fixed equipment within this state for the conveyance of messages or for the production, transmission, delivery or furnishing of power, electricity, light, heat, gas, oil, crude products, water, steam, waste or storm water.

Trans 29.03(22)(b) (b) The owners, operators, managers, or controllers of cable television systems, publicly owned fire or police signal systems, traffic and street lighting facilities, or private utilities.

Trans 29.03(23) (23) “Utility facility” means all physical components of a utility located upon, over, under or within the department railroad property.

Trans 29.03(24) (24) “Utility permit” or “permit” means the document by which the department grants a utility permission to use or occupy department railroad property.

Trans 29.03 History History: Cr. Register, December, 1985, No. 360, eff. 1-1-86; r. and recr. (1), am. (4), (8), (18) and (19), Register, January, 1999, No. 517, eff. 2-1-99; corrections in (21) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Trans 29.04 Trans 29.04 Permits.

Trans 29.04(1) (1) Permit required.

Trans 29.04(1)(a) (a) A utility shall obtain a permit from the department before installing or modifying a utility facility on any department railroad property. It is the responsibility of the utility to apply for and obtain the required permit.

Trans 29.04(1)(b) (b) A permit is required for every separate utility installation or modification. A utility may include several utility facilities in the same application if the utility owns each facility and the installation or modification occurs at the same time.

Trans 29.04(2) (2) Authority granted by permit.

Trans 29.04(2)(a) (a) By issuing a permit, the department:

Trans 29.04(2)(a)1. 1. Approves, subject to the permit conditions, a specified use and occupancy of department railroad property; but

Trans 29.04(2)(a)2. 2. Does not warrant that title to the department railroad property is free and clear of all encumbrances, that it has sole ownership or that it will defend the utility in its peaceful use and occupancy of the department railroad property.

Trans 29.04(2)(b) (b) A permit from the department does not relieve a utility from the responsibility to comply with all applicable federal and state laws and local ordinances affecting the design, materials or performance of the permitted activity and does not supersede any other governmental requirements for plan approval or for authority to undertake the permitted activity.

Trans 29.04(2)(c) (c) The department may terminate a permit at any time for any lawful reason. A utility shall not obtain any interest or estate of any kind or extent whatsoever in the department railroad property by reason of a permit or by reason of the occupancy or use permitted. The permit is personal to the utility and shall not pass to its successors or assigns. Upon request, however, to ease the burdens accompanying utility ownership changes, the department may allow a successor utility to obtain permits identical to those held by its predecessor; this may be done by filing a request to obtain permits identical to those held by the predecessor utility and shall not require the permittee to file a permit application under this chapter for each separate permit sought.

Trans 29.04(3) (3) Facilities within highway right-of-way.

Trans 29.04(3)(a) (a) The department shall require a utility highway permit for a utility facility proposed within that portion of department railroad property that lies within a state trunk highway right-of-way. A utility facility authorized within department railroad property by a highway permit shall be constructed in accordance with this chapter.