LRB-2004/1
ARG:kjf
2015 - 2016 LEGISLATURE
November 13, 2015 - Introduced by Representatives Edming, Tranel, Allen, E.
Brooks
, R. Brooks, Czaja, Jacque, Jarchow, Kitchens, Kremer, Krug, Kulp,
T. Larson, Loudenbeck, Mursau, Nerison, A. Ott, Petryk, Quinn, Ripp and
Tittl, cosponsored by Senators Petrowski, Gudex, Harsdorf, Lassa,
Marklein, Moulton, Stroebel and Vinehout. Referred to Committee on
Transportation.
AB518,1,4 1An Act to renumber and amend 86.07 (2); to amend 66.0425 (7), 83.015 (2)
2(b), 86.073 (1), 86.16 (1), 86.16 (5) and 88.68 (4); and to create 86.07 (2) (b) and
386.16 (1m) of the statutes; relating to: lines transporting manure within
4highway rights-of-way and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill specifies the process for authorizing pipelines or hoses transmitting
liquid manure within or across a highway right-of-way.
Under current law, no person may excavate, fill, install a culvert in, or
otherwise alter or disturb any highway without a permit (often referred to as a
driveway permit) from the authority maintaining the highway (highway authority).
Current law also requires written consent (often referred to as a utility permit) of the
highway authority before utility lines or pipes, including water pipes, are
constructed within or across the limits of a highway.
Also under current law, upon application, if certain conditions are satisfied, the
governing body of a municipality may grant a "privilege" to place an obstruction or
excavation within a highway in a municipality. A privilege is not required to be
granted for an obstruction or excavation that is in place for less than 90 days and for
which a permit has been granted.
Under this bill, a utility permit, issued by the applicable highway authority, is
required to construct a subterranean pipe or pipeline transmitting liquid manure
within or across a highway right-of-way. A utility permit, issued by the Department
of Transportation, is also required if the pipe or pipeline transmitting liquid manure

is not subterranean but crosses or lies within the right-of-way of a state trunk
highway. A utility permit may be obtained, but is not required, for a pipe or pipeline
transmitting liquid manure that is not subterranean and does not cross or lie within
the right-of-way of a state trunk highway; however, if a utility permit is not
obtained, a driveway permit from the local highway authority is required.
Under this bill, for purposes of a driveway permit, a manure hose is defined as
a hose, pipeline, or other conduit, whether temporary or permanent, for the
transmission of liquid manure within or across a highway right-of-way to a
destination for spreading in a farm field or for storage. The bill specifies that a
driveway permit authorizing the permittee to lay out or install any manure hose
within or across a highway right-of-way may also authorize the permittee to
temporarily affix to a bridge under the jurisdiction of the highway authority hooks,
flanges, fasteners, or other devices to or by which a manure hose may be attached or
supported. The highway authority may require the driveway permit applicant to
submit, for approval, a plan specifying how the manure hose would be attached to
or supported by the bridge. The driveway permit may impose reasonable conditions
related to the authorization provided under the permit.
The bill also clarifies that, if a utility permit is issued for a pipe or pipeline
transmitting liquid manure, a driveway permit is not required and, if either a utility
permit or driveway permit is issued, a privilege granted by a municipality is not
required. The bill further specifies that a driveway permit may not be issued for a
subterranean pipe or pipeline transmitting liquid manure within or across a
highway right-of-way or for a pipe or pipeline transmitting liquid manure within
or across the right-of-way of a state trunk highway.
Under current law, if a highway authority issues a driveway permit, the permit
must contain the statement and be subject to the condition that the work must be
constructed subject to rules and regulations prescribed by the highway authority and
be performed and completed to its satisfaction, that for temporary alterations the
highway be restored to its former condition, and that the permittee be liable for
damages which occur during the progress of, or as a result of, the work. If work for
which a permit is required is performed without a permit, or if a permit is issued and
there is any violation of the foregoing with respect to the permit, the highway
authority may restore the highway to its former condition and the violator is subject
to a criminal penalty of a fine of not less than $5 nor more than $100 or imprisonment
not exceeding six months or both.
This bill increases this penalty to a fine of not less than $50 nor more than $500
and specifies that, if the highway authority restores the highway to its former
condition in connection with a violation, the restoration is done at the violator's
expense.
Current law allows an applicant for a utility permit, whose application to
construct "lines" within a highway right-of-way has been refused, to appeal to the
Division of Hearings and Appeals in the Department of Administration.
This bill specifies that this appeal right also applies with respect to applications
to construct pipes or pipelines.

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:
AB518,1 1Section 1. 66.0425 (7) of the statutes is amended to read:
AB518,3,72 66.0425 (7) This section does not apply to an obstruction or excavation that is
3in place for less than 90 days, and for which a permit has been granted by the proper
4official. This section does not apply if a permit has been issued under s. 86.07 (2) with
5respect to a manure hose, or written consent has been given under s. 86.16 (1) with
6respect to a pipe or pipeline, transmitting liquid manure within or across the
7right-of-way of a highway.
AB518,2 8Section 2. 83.015 (2) (b) of the statutes is amended to read:
AB518,3,209 83.015 (2) (b) In any county with a highway commissioner appointed under s.
1083.01 (1) (b) or (c), the county highway committee shall be only a policy-making body
11determining the broad outlines and principles governing administration and the
12county highway commissioner shall have the administrative powers and duties
13prescribed for the county highway committee under par. (a), sub. (3) (a) and ss.
1427.065 (4) (b) and (13), 32.05 (1) (a), 82.08, 83.01 (6), 83.013, 83.018, 83.025 (1) and
15(3), 83.026, 83.035, 83.04, 83.05 (1), 83.07 to 83.09, 83.12, 83.14 (6), 83.17, 83.18,
1683.42 (3) and (4), 84.01 (5), 84.06 (3), 84.07 (1) and (2), 84.09 (1), (3) (a) to (c) and (4),
1784.10 (1), 86.04 (1) and (2), 86.07 (2) (a), 86.19 (3), 86.34 (1m), 114.33 (5), 349.07 (2),
18349.11 (4) and (10) and 349.15 (2). No statutory power, duty or function specified
19elsewhere for the county highway commissioner may be deemed impliedly repealed
20for the sole reason that reference to it has been omitted in this paragraph.
AB518,3
1Section 3. 86.07 (2) of the statutes is renumbered 86.07 (2) (a) and amended
2to read:
AB518,4,233 86.07 (2) (a) No Subject to par. (b) and s. 86.16 (1m) (a) 2. and (c), no person shall
4make any excavation or fill or install any culvert or make any other alteration in any
5highway or in any manner disturb any highway or bridge without a permit therefor
6from the highway authority maintaining the highway. Such permit shall contain the
7statement and be subject to the condition that the work shall be constructed subject
8to such rules and regulations as may be prescribed by said authority and be
9performed and completed to its satisfaction, and in the case of temporary alterations
10that the highway or bridge shall be restored to its former condition, and that the
11permittee shall be liable to the town or county or state, as the case may be, for all
12damages which occur during the progress of said work or as a result thereof. Nothing
13herein shall abridge the right of the department or, the county board or its highway
14committee, or any other local authority to make such additional rules, regulations
15and conditions not inconsistent herewith as may be deemed necessary and proper for
16the preservation of highways, or for the safety of the public, and to make the granting
17of any such permit conditional thereon. If any culvert is installed or any excavation
18or fill or any other alteration is made in violation of the provisions of this subsection
19paragraph, the highway or bridge may be restored to its former condition by the
20highway authority in charge of the maintenance thereof at the expense of the
21violator
; and any person who violates this subsection paragraph shall be punished
22by a fine of not less than $5 $50 nor more than $100 $500, or by imprisonment not
23exceeding 6 months, or both.
AB518,4 24Section 4. 86.07 (2) (b) of the statutes is created to read:
AB518,4,2525 86.07 (2) (b) 1. In this paragraph:
AB518,5,4
1a. "Manure hose" means any hose, pipeline, or other conduit, whether
2temporary or permanent in nature, for the transmission of liquid manure within or
3across the right-of-way of a highway to a destination for spreading in a farm field
4or for storage.
AB518,5,55 b. "State trunk highway" has the meaning given in s. 340.01 (60).
AB518,5,106 2. A permit may not be issued under par. (a) for a manure hose that is
7subterranean or that is laid out or installed within or across the right-of-way of a
8state trunk highway. Section 86.16 applies with respect to any manure hose that is
9subterranean or that is laid out or installed within or across the right-of-way of a
10state trunk highway.
AB518,5,2011 3. For a manure hose that is not described in subd. 2., a permit issued under
12par. (a) that authorizes the permittee to lay out or install the manure hose within or
13across the right-of-way of a highway may also authorize the permittee to
14temporarily affix to a bridge under the jurisdiction of the highway authority issuing
15the permit hooks, flanges, fasteners, or other devices to or by which a manure hose
16may be attached or supported. The highway authority may require the applicant for
17the permit to submit with the application, for the highway authority's approval, a
18plan specifying how the manure hose would be attached to or supported by the
19bridge. The permit may impose reasonable conditions related to the authorization
20under this subdivision, including any of the following:
AB518,5,2321 a. Requiring removal of the hooks, flanges, fasteners, or other devices, at the
22permittee's expense, at any time, or under any circumstances, specified in the
23permit.
AB518,6,3
1b. Making the permittee liable to the issuing authority for any damage caused
2to the bridge by the installation or removal of the hooks, flanges, fasteners, or other
3devices.
AB518,5 4Section 5. 86.073 (1) of the statutes is amended to read:
AB518,6,95 86.073 (1) If a district office of the department denies a request for a permit
6under s. 86.07 (2) (a) to construct an entrance to a state trunk highway from abutting
7premises or revokes a permit issued under s. 86.07 (2) (a), the department shall, upon
8written request by the applicant within 30 days after the denial, review the decision
9of the district office.
AB518,6 10Section 6. 86.16 (1) of the statutes is amended to read:
AB518,6,1811 86.16 (1) Any person, firm, or corporation, including any foreign corporation
12authorized to transact business in this state, may, subject to ss. 30.44 (3m), 30.45 and
13196.491 (3) (d) 3m., with the written consent of the department with respect to state
14trunk highways, and with the written consent of local authorities with respect to
15highways under their jurisdiction, including connecting highways, construct and
16operate telegraph, telephone, or electric lines, or pipes or pipelines, for the purpose
17of transmitting messages, water, liquid manure, heat, light, or power along, across,
18or within the limits of the highway.
AB518,7 19Section 7. 86.16 (1m) of the statutes is created to read:
AB518,6,2220 86.16 (1m) (a) If a pipe or pipeline transmitting liquid manure along, across,
21or within the limits of a highway under the jurisdiction of a local authority is not
22subterranean, all of the following apply:
AB518,6,2523 1. Subject to par. (c), a person holding a permit issued by the local authority
24under s. 86.07 (2) for a manure hose that is the pipe or pipeline is not required to
25obtain written consent for the pipe or pipeline under sub. (1).
AB518,7,3
12. Subject to par. (c), a person may obtain written consent under sub. (1) for the
2pipe or pipeline in lieu of obtaining a permit issued by the local authority under s.
386.07 (2).
AB518,7,74 (b) Any culvert installed in the ground for the purpose of running through it
5a hose transmitting liquid manure is considered a pipe or pipeline transmitting
6liquid manure under sub. (1) and, before such installation, written consent under
7sub. (1) is required.
AB518,7,118 (c) A local authority may specify that only the permit described in par. (a) 1. or
9only the written consent described in par. (a) 2. will be accepted by the local authority
10as the method for authorizing a pipe or pipeline transmitting liquid manure within
11or across a highway right-of-way.
AB518,8 12Section 8. 86.16 (5) of the statutes is amended to read:
AB518,7,2213 86.16 (5) Any person, firm, or corporation whose written application for
14permission to construct such lines, pipes, or pipelines within the limits of a highway
15has been refused, or has been on file with the department or local authority for 20
16days and no action has been taken thereon, may file with the department or local
17authority a notice of appeal to the division of hearings and appeals. The department
18or local authority shall thereupon return all of the papers and action of the
19department or local authority to the division of hearings and appeals, and the
20division of hearings and appeals shall hear and try and determine the appeal on 10
21days' notice to the department or local authority, and the applicant. The order
22entered by the division of hearings and appeals shall be final.
AB518,9 23Section 9. 88.68 (4) of the statutes is amended to read:
AB518,8,624 88.68 (4) Whenever the cleaning out, deepening or reconstruction of a drain
25crossing a public highway requires the lowering of a culvert through such highway

1in order to provide effective drainage, the drainage board may proceed to lower such
2culvert only after obtaining a permit under s. 86.07 (2) (a). In lieu of issuing a permit,
3the authority in charge of maintenance of the highway may proceed to do the work
4itself. Except as provided in s. 86.075, the expenses involved in such lowering shall
5be borne by the drainage district, or as provided by mutual agreement between the
6highway authority and the drainage board.
AB518,8,77 (End)
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