(4) Location of poles.
In case of dispute as to the location of poles, pipes or conduits, the commissioners appointed in condemnation proceedings under ch. 32
may determine the location. In no case, except where the owner consents, shall poles be set in front of or upon any residence property, or in front of a building occupied for business purposes, unless the commissioners find that the same is necessary and the court may review the finding.
(5) Tree trimming.
Any such corporation which shall in any manner destroy, trim or injure any shade or ornamental trees along any such lines or systems, or, in the course of tree trimming or removal, cause any damage to buildings, fences, crops, livestock or other property, except by the consent of the owner, or after the right so to do has been acquired, shall be liable to the person aggrieved in 3 times the actual damage sustained, besides costs.
(6) Municipal franchise required.
No lighting or heating corporation shall have any right hereunder in any city, village or town until it has obtained a franchise or written consent for the erection or installation of its lines from such city, village or town.
(7) High-voltage transmission lines.
Any easement for rights-of-way for high-voltage transmission lines as defined under s. 196.491 (1) (f)
shall be subject to the conditions and limitations specified in this subsection.
The conveyance under ch. 706
and, if applicable, the petition under s. 32.06 (7)
, shall describe the interest transferred by specifying, in addition to the length and width of the right-of-way, the number, type and maximum height of all structures to be erected thereon, the minimum height of the transmission lines above the landscape, and the number and maximum voltage of the lines to be constructed and operated thereon.
In determining just compensation for the interest under s. 32.09
, damages shall include losses caused by placement of the line and associated facilities near fences or natural barriers such that lands not taken are rendered less readily accessible to vehicles, agricultural implements and aircraft used in crop work, as well as damages resulting from ozone effects and other physical phenomena associated with such lines, including but not limited to interference with telephone, television and radio communication.
In constructing and maintaining high-voltage transmission lines on the property covered by the easement the utility shall:
If excavation is necessary, ensure that the top soil is stripped, piled and replaced upon completion of the operation.
Restore to its original condition any slope, terrace, or waterway which is disturbed by the construction or maintenance.
Insofar as is practicable and when the landowner requests, schedule any construction work in an area used for agricultural production at times when the ground is frozen in order to prevent or reduce soil compaction.
Clear all debris and remove all stones and rocks resulting from construction activity upon completion of construction.
Satisfactorily repair to its original condition any fence damaged as a result of construction or maintenance operations. If cutting a fence is necessary, a temporary gate shall be installed. Any such gate shall be left in place at the landowner's request.
Repair any drainage tile line within the easement damaged by such construction or maintenance.
Pay for any crop damage caused by such construction or maintenance.
Supply and install any necessary grounding of a landowner's fences, machinery or buildings.
The utility shall control weeds and brush around the transmission line facilities. No herbicidal chemicals may be used for weed and brush control without the express written consent of the landowner. If weed and brush control is undertaken by the landowner under an agreement with the utility, the landowner shall receive from the utility a reasonable amount for such services.
The landowner shall be afforded a reasonable time prior to commencement of construction to harvest any trees located within the easement boundaries, and if the landowner fails to do so, the landowner shall nevertheless retain title to all trees cut by the utility.
The landowner shall not be responsible for any injury to persons or property caused by the design, construction or upkeep of the high-voltage transmission lines or towers.
The utility shall employ all reasonable measures to ensure that the landowner's television and radio reception is not adversely affected by the high-voltage transmission lines.
The utility may not use any lands beyond the boundaries of the easement for any purpose, including ingress to and egress from the right-of-way, without the written consent of the landowner.
The rights conferred under pars. (c)
may be specifically waived by the landowner in an easement conveyance which contains such paragraphs verbatim.
Liability of power company for locating a pole close to a traveled roadway discussed. Weiss v. Holman, 58 W (2d) 608, 207 NW (2d) 660.
Sub. (5) is limited to damages arising from the construction, maintenance or abandonment of facilities within a right-of-way. Vogel v. Grant-Lafayette Electric Cooperative, 195 W (2d) 198, 536 NW (2d) 140 (Ct. App., 1995).
Damage to transmission facilities. 182.0175(1)(am)
"Emergency" means a condition that poses a clear and immediate danger to life or health, or a significant loss of property.
"Excavation" means any operation in which earth, rock or other material in or on the ground is moved, removed or otherwise displaced by means of any tools, equipment or explosives and includes grading, trenching, digging, ditching, drilling, augering, tunneling, scraping, cable or pipe plowing and driving and means any operation by which a structure or mass of material is wrecked, razed, rended, moved or removed.
"Transmission facilities" includes all pipes, pipelines, wires, cables, ducts, wirelines and associated facilities, whether underground or aboveground, regardless of the nature of their transmittants or of their in-service application. The term includes, but is not restricted to, utility facilities, government-owned facilities, facilities transporting hazardous materials, communications and data facilities, drainage and water facilities and sewer systems. The term does not include any of the following:
A fuel storage tank and a fuel storage pipeline, if the pipeline does not cross a public right-of-way and if the tank and pipeline are located on property that is owned or leased by the user of the tank and pipeline.
"Working days" means days other than Saturday, Sunday and legal holidays.
182.0175(1m)(a)(a) Statewide system.
Transmission facilities owners shall establish or designate a nonprofit organization governed by a board of directors as the operator of a one-call system. The one-call system shall be a statewide communication system in which a single operational center receives excavation notices and transmits notice information to affected-member transmission facilities owners.
Except as provided in subd. 2.
, a transmission facilities owner shall be a member of the one-call system.
A transmission facilities owner or lessee is not required to be a member of the one-call system if all of that person's transmission facilities are located on property owned or leased by that person. This subdivision does not apply to a governmental unit that is a transmission facilities owner.
Members may be assessed an initial start-up fee equal to the system's costs in adding the member to the one-call system, except that any initial start-up fee may not exceed $100 for a member whose transmission facilities serve less than 5,000 customers. For purposes of assessing the initial start-up fee, affiliated transmission facilities owners shall be considered a single member. Under this paragraph, a transmission facilities owner is affiliated with another transmission facilities owner if the transmission facilities owner, directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, the other transmission facilities owner. Members shall also be assessed a fee per notice of intended excavation activity. Membership in the one-call system ceases if a fee assessed under this paragraph is more than 90 days past due. A transmission facilities owner may be reinstated as a member upon payment of the amount past due.
Any transmission facilities owner who is required to be a member of the one-call system and has not complied with the membership requirement is liable for all damages to the owner's transmission facilities and for any other damages that occur as a result of a properly noticed excavation to the one-call system.
The one-call system shall do all of the following:
Accept notices of intended emergency location or emergency excavation activity 24 hours a day.
Inform the person providing notice of the names of transmission facilities owners who will receive the notice information.
Promptly transmit notice information to affected-member transmission facilities owners.
Retain records of notices for a period of not less than 6 years.
(2) Excavator and planner responsibilities. 182.0175(2)(a)(a) Planning.
Every person who is responsible for the preparation of plans and specifications for nonemergency excavation and every excavator shall do all of the following:
Take reasonable action to learn the location of any transmission facilities in and near the area where the excavation is to be conducted.
Plan the excavation to avoid to the extent possible interference with transmission facilities in and near the excavation area.
An excavator shall do all of the following:
Provide advance notice not less than 3 working days before the start of nonemergency excavation to the one-call system.
In an emergency, take all reasonable precautions to avoid to the extent possible interference with existing transmission facilities in and near the excavation area and notify as promptly as possible the owners of transmission facilities which may be affected by the emergency excavation.
Maintain an estimated minimum clearance of 18 inches between an unexposed underground transmission facility marked under sub. (2m)
and the cutting edge or point of any power-operated excavating or earth moving equipment. If the transmission facility is exposed, the excavator may reduce the clearance to 2 times the known limit of control of the cutting edge or point of the equipment or 12 inches, whichever is greater.
Provide a repeat notice to the one-call system if marks are destroyed or covered by excavation site activities, if the excavation does not start within 10 days of the scheduled start date or if excavation is interrupted for more than 10 days.
Provide support for existing transmission facilities in and near the excavation area that may be reasonably necessary or that is specified by the transmission facility owner for the protection of the facilities, unless protection is required of the owner of the transmission facility under s. 66.047
Before backfilling, inspect all transmission facilities exposed during excavation to ascertain if the transmission facilities have been or may have been struck, damaged, dislocated or disrupted.
Refrain from backfilling an excavation until an inspection is conducted and any necessary repairs have been made by the owner of the transmission facility.
Immediately notify the owner of a transmission facility if an inspection reveals that the transmission facility has been or may have been struck, damaged, dislocated or disrupted.
Backfill an excavation as specified by the owner of the existing transmission facilities or in a manner and with materials that may be reasonably necessary for the protection of, and to provide reliable support during backfilling and following backfilling for, existing transmission facilities in and near the excavation area.
An excavation notice shall include all of the following information:
The specific location and description of the excavation area, including the county, place, street address, nearest intersecting road, distance and direction from the nearest intersection and marking instructions.
(2m) Transmission facilities owner requirements. 182.0175(2m)(a)(a) Responsibilities.
A transmission facilities owner shall do all of the following:
Respond to a planning notice within 10 days after receipt of the notice by conducting field markings, providing records and taking other appropriate responses.
Respond to an excavation notice within 3 working days by marking the location of transmission facilities as provided under par. (b)
in the area described in the excavation notice.
Provide emergency locater service within 24 hours after receiving a request for that service.
A person owning transmission facilities, upon receipt of an excavation notice, shall mark in a reasonable manner the locations of transmission facilities at the area described in the notice to enable the excavator to locate the transmission facilities without endangering the security of the facilities or the public. The marking of facilities shall be completed within 3 working days after receipt of the notice, or if notice is given more than 10 days before excavation is scheduled to begin, marking shall be completed at least 3 working days before excavation is scheduled to begin. If the approximate location of a transmission facility is marked with paint, flags, stakes or other physical means, the following color coding of lines, cables or conduits shall comply with the uniform color code adopted by the American National Standards Institute:
Communications, cable television or alarm or signal systems: orange.
Facilities inspection and repair.
Every person owning transmission facilities who receives a notice of possible damage shall inspect the facilities for damage within 6 hours after receipt of the notice if there is risk of personal injury or loss of life or within 24 hours after receipt of the notice if there is not a risk of personal injury or loss of life and shall repair any damage found as soon as practicable. Unless the owner of any transmission facility is notified or has knowledge of damage to transmission facilities by an excavator, the owner is not responsible for or required to make an inspection of its transmission facilities, nor shall the owner, in the absence of notification or knowledge, be responsible for supervising in any manner the excavation.
Any person who wilfully and knowingly violates this section may be required to forfeit $2,000 for each offense. Each day of continued violation constitutes a separate offense.
Whoever intentionally removes, moves or obliterates a transmission facilities marking placed by the transmission facilities owner may be fined not more than $500 or imprisoned for not more than 30 days or both. This paragraph does not apply to an excavator who removes or obliterates markings during an excavation.
(4) Right of action.
This section shall not affect any right of action or penalty which this state or any person may have.
(5) Right to injunction.
If any person engages in or is likely to engage in excavation inconsistent with this section and which results or is likely to result in damage to transmission facilities, the person who owns or operates the facilities may seek injunctive relief in the circuit court for the county in which the transmission facilities are located. If the transmission facilities are owned or operated by a public utility as defined in s. 196.01 (5)
, including a telecommunications carrier, as defined in s. 196.01 (8m)
, and the public utility does not seek injunctive relief, the attorney general, upon request of the public service commission, shall seek injunctive relief in the circuit court for the county in which the transmission facilities are located.
Wires over railroads.