Wisconsin Legislature: Chapter Trans 401

Trans 401.01(2)(2) As specified in s. 30.2022 (1m), (1p), and (2), Stats., activities affecting waters of the state that are carried out under the direction and supervision of the department in connection with highway, bridge or other transportation project design, location, construction, reconstruction, maintenance and repair are not subject to the prohibitions or permit or approval requirements specified under ss. 29.601, 30.11, 30.123, 30.19, 30.195, 30.20, 59.692, 61.351, 62.231 or 87.30, Stats., or chs. 281 to 285 or 289 to 299, Stats., except s. 281.48, Stats., if the activity is accomplished in accordance with interdepartmental liaison procedures established by the department of natural resources and the department of transportation for the purpose of minimizing the adverse environmental impact, if any, of the activity.

Trans 401.01 HistoryHistory: Cr. Register, October, 1994, No. 466, eff. 11-1-94; CR 02-081: am. Register December 2002 No. 564, eff. 1-1-03; corrections made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2018 No. 756.

Trans 401.03Trans 401.03 Applicability.

Trans 401.03(1)(1) This chapter applies to the following actions:

Trans 401.03(1)(a)(a) Any action directed and supervised by the department that relates to an airport, railroad, highway, bridge or other transportation facility construction or maintenance project for which plans are developed and that may cause a discharge to waters of the state, including selected sites.

Trans 401.03(1)(b)(b) Any action by a person that relates to a utility facility project and that may cause a discharge to waters of the state. This chapter applies only to actions within the area described in a permit issued by the department of transportation. Actions outside the area of a permit issued by the department of transportation are subject to regulation by the department of natural resources.

Trans 401.03(1)(c)(c) Construction or reconstruction of a highway designated under s. 86.32, Stats., as a connecting highway, or any improvement, as defined in s. 86.31 (1) (b), Stats., of a connecting highway.

Trans 401.03(2)(2) Notwithstanding sub. (1), this chapter does not apply to any of the following:

Trans 401.03(2)(a)(a) An action directed and supervised by the department that is considered routine maintenance or that addresses an emergency. Routine maintenance activities shall employ best management practices described in s. Trans 401.06 (1), but no other provisions of this chapter apply to routine maintenance.

Trans 401.03(2)(b)(b) An action not directed and supervised by the department that involves the installation of a driveway by a person for residential use or agricultural use, as defined in s. 91.01 (1), Stats.

Trans 401.03(2)(c)(c) An action taken under a bid first advertised before December 1, 2002, or, for projects for which no bid is advertised, taken under a contract signed before January 1, 2003.

Trans 401.03(3)(3) Notwithstanding sub. (1), post-construction performance standards under s. Trans 401.106 do not apply to any of the following:

Trans 401.03(3)(a)(a) An action for which a final environmental impact statement is approved before January 1, 2003.

Trans 401.03(3)(b)(b) An action for which a finding of no significant impact is made under ch. Trans 400 before January 1, 2003.

Trans 401.03(3)(c)(c) An action that is documented in an environmental report, as defined in s. Trans 400.04 (10), completed before January 1, 2003, that fit the criteria or conditions for approval as a categorical exclusion in 23 CFR 771.117, April 1, 2000, or has met the review criteria of paragraph 23.a. of chapter 3 of federal aviation administration order 5050.4A issued on October 8, 1985.

Trans 401.03(3)(d)(d) A project site that has undergone final stabilization within 2 years after January 1, 2003.

Trans 401.03(3)(e)(e) Reconditioning or resurfacing, as defined in s. 84.013 (1) (b) and (d), Stats., of a highway.

Trans 401.03(3)(f)(f) Minor reconstruction of a highway. In this paragraph, “minor reconstruction” means reconstruction, as defined in s. 84.013 (1) (c), Stats., of any length of highway that does not widen the roadbed by more than 100 feet, and for which the total length of relocated highway and any added through travel lane does not exceed 1.50 miles. Two or more adjoining added through travel lanes shall be counted as one added through travel lane for purposes of determining the length of the added through travel lanes. A relocation of a highway that includes added through travel lanes shall be counted as one unit for purposes of determining the length of the relocation and added through travel lanes. Pavement widening for purposes of adding a passing lane is not an added through travel lane. Notwithstanding the exemption under this paragraph, if minor reconstruction causes a highway to lie within a buffer area, as defined in s. Trans 401.106 (6) (a), or increases the area of the roadway that lies within a buffer area, the requirements under s. Trans 401.106 (6) apply to that buffer area.

Trans 401.03(3)(g)(g) Construction of a transportation facility that replaces an existing transportation facility, or other existing residential, commercial, industrial or institutional land uses, if there is no increase in exposed parking lots or roads.

Trans 401.03(3)(h)(h) A transportation facility with less than 10% connected imperviousness based on complete development of the transportation facility, provided the cumulative area of all parking lots and rooftops is less than one acre.

Trans 401.03 NoteNote: Projects that consist of only the construction of bicycle paths or pedestrian trails generally meet this exception as these facilities have minimal connected imperviousness.

Trans 401.03(3)(i)(i) Construction of a transportation facility that has less than one acre of land disturbing construction activity.

Trans 401.03 NoteNote: Actions directed and supervised by the department that are regulated by and comply with this chapter and that are subject to the interdepartmental liaison cooperative agreement with the department of natural resources are considered to be in compliance with s. 283.33, Stats., and the requirements of ch. NR 216.

Trans 401.03 HistoryHistory: Cr. Register, October, 1994, No. 466, eff. 11-1-94; CR 02-081: am. (1) and (2), cr. (1) (c), (2) (c) and (3) Register December 2002 No. 564, eff. 1-1-03.

Trans 401.04Trans 401.04 Definitions. In this chapter:

Trans 401.04(1)(1) “Best management practices” or “BMPs” means structural or nonstructural measures, practices, techniques or devices employed to avoid or minimize soil, sediment and pollutant movement, or to manage runoff.

Trans 401.04 NoteNote: The Wisconsin Department of Transportation specifications and manuals listed below identify best management practices that apply under this chapter. However, best management practices other than those listed may be applicable to any given situation.

Trans 401.04 Note1. Sections 107.18, 107.19, 107.20, 628 and 631 of the Standard Specifications for Road and Bridge Construction of the Wisconsin Department of Transportation. Copies of these sections may be obtained from the Wisconsin Department of Transportation, Office of Construction, P. O. Box 7916, Madison, Wisconsin 53707-7916.

Trans 401.04 Note2. Sections P-151, P-152, P-158, P-159, Division VII and Division VIII of the Standard Specifications for Airport Construction of the State of Wisconsin, Department of Transportation. Copies of these sections and divisions may be obtained from the Wisconsin Department of Transportation, Bureau of Aeronautics, P. O. Box 7914, Madison, Wisconsin 53707-7914.

Trans 401.04 Note3. Chapters 10 and 13 of the Facilities Development Manual of the Wisconsin Department of Transportation, Division of Transportation Infrastructure Development. Copies of these chapters may be obtained from the Wisconsin Department of Transportation, Division of Transportation Infrastructure Development, P. O. Box 7965, Madison, Wisconsin 53707-7965.

Trans 401.04 Note4. Chapters 2 and 10 of the Highways Construction and Materials Manual of the Wisconsin Department of Transportation, Division of Transportation Infrastructure Development. Copies of these chapters may be obtained from the Wisconsin Department of Transportation, Division of Transportation Infrastructure Development, P. O. Box 7965, Madison, Wisconsin 53707-7965.

Trans 401.04(2)(2) “Borrow site” means an area outside of a project site from which stone, soil, sand or gravel is excavated for use at the project site, except the term does not include commercial pits.

Trans 401.04(3)(3) “Construction” or “maintenance” includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling or grading.

Trans 401.04(4)(4) “Contractor” means a prime contractor and any subcontractor of the prime contractor.

Trans 401.04(5)(5) “Corrective action” means action that is taken in response to a discharge, or to the threat of a discharge, to minimize or prevent the discharge. “Corrective action” may include preventative maintenance of existing best management practices, or the implementation of new or different best management practices.

Trans 401.04(6)(6) “Department” means the Wisconsin department of transportation.

Trans 401.04(7)(7) “Design storm” means a hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency and total depth of rainfall.

Trans 401.04(7m)(7m) “Directed and supervised by the department” means any of the following:

Trans 401.04(7m)(a)(a) An activity undertaken under a bid let by the department, unless the department let the bid at the request of a city, village, town or county to assist with a transportation facility that is or will be under the jurisdiction of that city, village, town or county, and the bid specifies either that this chapter does not apply or that the activity is subject to regulation by the department of natural resources.