2001 - 2002 LEGISLATURE
February 20, 2002 - Introduced by Representatives Kaufert, Albers, Ainsworth,
Bies, Duff, Gunderson, Hahn, M. Lehman, Miller, Musser, Plouff, Sykora

and Townsend, cosponsored by Senator Hansen. Referred to Committee on
AB836,1,2 1An Act to amend 86.16 (1) of the statutes; relating to: pipelines within the
2limits of a highway.
Analysis by the Legislative Reference Bureau
Under current law, a person (including a municipality) may construct and
operate pipes or pipelines for the purpose of transmitting water within the limits of
a highway if the authority with jurisdiction over the highway provides written
consent. If such consent is not given, the person may appeal to the department of
administration's division of hearings and appeals for an order allowing construction
and operation of the pipes or pipelines.
This bill specifies that the same procedure and appeal rights apply to pipes or
pipelines transmitting sewage within the limits of a highway.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB836, s. 1 3Section 1. 86.16 (1) of the statutes is amended to read:
AB836,2,64 86.16 (1) Any person, firm, or corporation, including any foreign corporation
5authorized to transact business in this state may, subject to ss. 30.44 (3m), 30.45, and

1196.491 (3) (d) 3m., with the written consent of the department with respect to state
2trunk highways, and with the written consent of local authorities with respect to
3highways under their jurisdiction, including connecting highways, construct and
4operate telegraph, telephone or electric lines, or pipes or pipelines for the purpose of
5transmitting messages, water, sewage, heat, light , or power along, across or within
6the limits of the highway.
AB836,2,77 (End)