Section 84.063. Utility facilities relocation.

 

(1)   Definitions. In this section:

(a) “Highway improvement" means a state trunk highway improvement project.

(b) “Utility facility" means any pipe, pipeline, duct, wire line, conduit, pole, tower, equipment or other structure, whether aboveground or underground, used for any of the following:

1. The transmission or distribution of electrical power or light.

2. The transmission, distribution or delivery of heat, water, gas, sewer, telegraph or telecommunication services.

(2)   Notification.

(a) If a utility facility is within the right-of-way of a proposed highway improvement, the department shall identify the owner and notify the owner in writing of the proposed improvement.

(b) Within a specified period after the date the notice is received, the utility facility owner shall provide the department with a description and the general location of each utility facility in the proposed highway improvement right-of-way.

(3)   Plans.

(a) If a utility facility owner provides the information required under sub. (2) , the department shall send the utility facility owner at least one set of available project plans for the proposed highway improvement, including the location of the owner's existing utility facilities.

(b) Within a specified period after receiving the project plans, the owner shall provide the department with a work plan. The period of time within which the owner is required to provide the department with a work plan shall reflect whether the utility facility owner is required to coordinate its work plan with another utility facility owner. The work plan provided by the owner shall include all of the following:

1. A copy of the project plans that verifies the location of all of the owner's existing utility facilities specified on the plans by the department and that identifies the owners' proposed location of relocated or additional utility facilities within the right-of-way of the proposed improvement.

2. A plan and a schedule of working days necessary to obtain any approval required by a governmental agency and to accomplish any proposed relocation or adjustment required by the proposed improvement.

(c) The department shall review and approve a work plan submitted under par. (b) for compliance with permit requirements and to ensure that the plan is reasonable. Approval of a work plan under this paragraph does not waive any requirement for approval of the work plan by any other governmental agency. The utility facility owner shall notify the department when all required approvals have been obtained. After receiving notification that all approvals have been obtained, the department shall notify the owner of the date on which the owner may proceed with its utility facility relocation work.

(d) The department shall notify the utility facility owner of any change in the highway improvement that requires additional relocation or adjustment of utility facilities. The department and the owner shall agree on a reasonable time to accomplish the additional work.

(4)   Responsibilities.

(a) If additional utility facility relocation or adjustment work is required under sub. (3) (d) , the department shall reimburse the owner for the additional work.

(b) The project contractor shall be responsible for any damages negligently caused to a utility facility.

(c) If the utility facility owner fails to comply with sub. (3) , the department or its contractor shall not be liable to the owner for damages to a utility facility resulting from the highway improvement if the department or its contractor complies with s. 182.0175 (2) , and the owner shall be liable to the department or its contractor for damages resulting from the failure to comply.

(5)   Rules. The department shall promulgate rules to implement and administer this section.

1991 a. 39 ; 1999 a. 85 . Cross-reference: See also ch. Trans 220 , Wis. adm. code.