182.017(1r)
(1r) Right-of-way for. Any company may, subject to
ss. 30.44 (3m),
30.45,
86.16, and
196.491 (3) (d) 3m. and to reasonable regulations made by any municipality through which its transmission lines or systems may pass, construct and maintain such lines or systems with all necessary appurtenances in, across or beneath any public highway or bridge or any stream or body of water, or upon any lands of any owner consenting thereto, and for such purpose may acquire lands or the necessary easements; and may connect and operate its lines or system with other lines or systems devoted to like business, within or without this state, and charge reasonable rates for the transmission and delivery of messages or the furnishing of heat, power, or electric light.
182.017(2)
(2) Not to obstruct public use. But no such line or system or any appurtenance thereto shall at any time obstruct or incommode the public use of any highway, bridge, stream or body of water.
182.017(3)
(3) Abandoned lines removed. The commission after a public hearing as provided in
s. 196.26, and subject to the right of review as provided in
ch. 227, may declare any line to have been abandoned or discontinued, if the facts warrant such finding. Whenever such a finding shall have been made the company shall remove such line, and on failure for 3 months after such finding of abandonment or discontinuance, any person owning land over, through or upon which such line shall pass, may remove the same, or the supervisors of any town within which said lines may be situated, may remove the said lines from the limits of its highways, and such person or supervisors shall be entitled to recover from the company owning the lines the expense for labor involved in removing the property.
182.017(4)
(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.
182.017(5)
(5) Tree trimming. Any company 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.
182.017(6)
(6) Municipal franchise required. No lighting or heating corporation or lighting or heating cooperative association shall have any right hereunder in any municipality until it has obtained a franchise or written consent for the erection or installation of its lines from such municipality.
182.017(7)
(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.
182.017(7)(a)
(a) 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.
182.017(7)(b)
(b) 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.
182.017(7)(c)
(c) In constructing and maintaining high-voltage transmission lines on the property covered by the easement the utility shall:
182.017(7)(c)1.
1. If excavation is necessary, ensure that the top soil is stripped, piled and replaced upon completion of the operation.
182.017(7)(c)2.
2. Restore to its original condition any slope, terrace, or waterway which is disturbed by the construction or maintenance.
182.017(7)(c)3.
3. 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.
182.017(7)(c)4.
4. Clear all debris and remove all stones and rocks resulting from construction activity upon completion of construction.
182.017(7)(c)5.
5. 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.
182.017(7)(c)6.
6. Repair any drainage tile line within the easement damaged by such construction or maintenance.
182.017(7)(c)7.
7. Pay for any crop damage caused by such construction or maintenance.
182.017(7)(c)8.
8. Supply and install any necessary grounding of a landowner's fences, machinery or buildings.
182.017(7)(d)
(d) 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.
182.017(7)(e)
(e) 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.
182.017(7)(f)
(f) 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.
182.017(7)(g)
(g) 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.
182.017(7)(h)
(h) 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.
182.017(7)(i)
(i) The rights conferred under
pars. (c) to
(h) may be specifically waived by the landowner in an easement conveyance which contains such paragraphs verbatim.
182.017(8)(a)(a) Upon complaint by a company that a regulation by a municipality under
sub. (1r) is unreasonable, the commission shall set a hearing and, if the commission finds that the regulation is unreasonable, the regulation shall be void. If the commission determines that a municipal regulation that was in effect on January 1, 2007, and immediately prior to January 9, 2008, or that a community standard, as demonstrated through consistent practice and custom in the municipality, that was in effect on January 1, 2007, and immediately prior to January 9, 2008, is substantially the same as the municipal regulation complained of, there is a rebuttable presumption that the latter regulation is reasonable.
182.017(8)(am)
(am) A municipal regulation is unreasonable if it has the effect of creating a moratorium on the placement of company lines or systems under
sub. (1r) or on the entrance into the municipality of a video service provider, as defined in
s. 66.0420 (2) (zg), or is inconsistent with the purposes of
s. 66.0420.
182.017(8)(b)
(b) A municipal regulation is unreasonable if it requires a company to pay more than the actual cost of functions undertaken by the municipality to manage company access to and use of municipal rights-of-way. These management functions include all of the following:
182.017(8)(b)1.
1. Registering companies, including the gathering and recording of information necessary to conduct business with a company.
182.017(8)(b)2.
2. Except as provided in provided in
par. (c), issuing, processing, and verifying excavation or other company permit applications, including supplemental applications.
182.017(8)(b)4.
4. Maintaining, supporting, protecting, or moving company equipment during work in municipal rights-of-way.
182.017(8)(b)5.
5. Undertaking restoration work inadequately performed by a company after providing notice and the opportunity to correct the work.
182.017(8)(b)8.
8. Scheduling and coordinating highway, street, and right-of-way work relevant to a company permit.
182.017(8)(c)
(c) A municipal regulation is unreasonable if it requires a company to be responsible for fees under
s. 182.0175 (1m) (bm) that may be assessed to a municipality as a member of the one-call system under
s. 182.0175.
182.017(8)(d)
(d) It is reasonable for a municipal regulation to provide for the recovery of costs incurred under
par. (b) 1.,
2.,
3., and
7. through a preexcavation permit fee.
182.017(8)(e)
(e) It is reasonable for a municipal regulation to provide for the recovery of costs incurred under
par. (b) 4.,
5., and
6. only from the company that is responsible for causing the municipality to incur the costs.
182.017(9)
(9) Time limit for permits. If a municipality establishes a permit process under
sub. (1r), the municipality shall approve or deny a permit application no later than 60 days after receipt of the application, and, if the municipality fails to do so, the municipality shall be considered to have approved the application and granted the permit. If a municipality denies a permit application, the municipality shall provide the applicant a written explanation of the reasons for the denial at the time that the municipality denies the application.
182.017 Annotation
Sub. (2) is a safety statute, the violation of which constitutes negligence per se. An allegation that a power pole located within 4 feet of the traveled portion of a roadway violated this provision stated a cause of action. Weiss v. Holman,
58 Wis. 2d 608,
207 N.W.2d 660 (1973).
182.017 Annotation
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 Wis. 2d 198,
536 N.W.2d 140 (Ct. App. 1995),
94-0822.
182.017 Annotation
Sub. (7) (a) governs what must be specified in a conveyance of an easement. Because the easements here were conveyed prior to the enactment of the statute, the conveyances were not subject to the statute's requirements. The circuit court's conclusion that the utility was required to obtain new easements complying with sub. (7) (a) was premised on its erroneous conclusion that the utility's easement rights were limited by the easements' current use. Wisconsin Public Service Corporation v. Andrews,
2009 WI App 30,
316 Wis. 2d 734,
766 N.W.2d 232,
07-2673.
182.0175
182.0175
Damage to transmission facilities. 182.0175(1)(am)
(am) "Emergency" means a condition that poses a clear and immediate danger to life or health, or a significant loss of property.
182.0175(1)(b)
(b) "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.
182.0175(1)(bt)
(bt) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of such a political subdivision or special purpose district, a combination or subunit of any of the foregoing or an instrumentality of the state and any of the foregoing.
182.0175(1)(bv)
(bv) "Private transmission facilities" means transmission facilities that are owned by a person, other than a governmental unit, and that are located on private property owned or leased by that person and that do not cross a public right-of-way.
182.0175(1)(c)
(c) "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 culverts.
182.0175(1)(d)
(d) "Working days" means days other than Saturday, Sunday and legal holidays.
182.0175(1m)(a)(a)
Statewide system. Owners of transmission facilities, other than private transmission facilities, shall establish or designate a nonprofit organization governed by a board of directors as the operator of a one-call system and shall be members of the 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. Owners of private transmission facilities may be members.
182.0175(1m)(bm)
(bm)
Membership fees. A member 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.
182.0175(1m)(c)
(c)
Liability. 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.
182.0175(1m)(d)
(d)
System functions. The one-call system shall do all of the following:
182.0175(1m)(d)4.
4. Accept notices of intended emergency location or emergency excavation activity 24 hours a day.
182.0175(1m)(d)4m.
4m. Disclose to persons providing notice that the one-call system does not include private transmission facilities as required under
par. (e) 1.
182.0175(1m)(d)5.
5. Inform the person providing notice of the names of affected-member transmission facilities owners who will receive the notice information.
182.0175(1m)(d)6.
6. Promptly transmit notice information to affected-member transmission facilities owners.
182.0175(1m)(d)7.
7. Retain records of notices for a period of not less than 6 years.
182.0175(1m)(e)1.1. The operator of the one-call system shall ensure, through information distributed to the public by phone, Internet, or printed materials, that a person providing notice on intended excavation activity is informed that private transmission facilities are not subject to the one-call system and that the person providing notice is referred to other entities to be contacted by the person for determining the location of private transmission facilities. In providing this information, the operator shall specifically use the term "propane" in describing the type of private transmission facilities that are not subject to the one-call system.
182.0175(1m)(e)2.
2. The department of safety and professional services may promulgate a rule that requires retail suppliers, as defined in
s. 101.16 (1) (d), of propane to inform their customers each year of the obligation of owners of transmission facilities under this section.
182.0175(2)
(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:
182.0175(2)(a)1.
1. Take reasonable action to learn the location of any transmission facilities in and near the area where the excavation is to be conducted.
182.0175(2)(a)2.
2. Plan the excavation to avoid to the extent possible interference with transmission facilities in and near the excavation area.
182.0175(2)(am)
(am)
Excavation notice. An excavator shall do all of the following:
182.0175(2)(am)1.
1. Provide advance notice not less than 3 working days before the start of nonemergency excavation to the one-call system.
182.0175(2)(am)2.
2. 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.
182.0175(2)(am)3.
3. Maintain an estimated minimum clearance of 18 inches between a marking for an unexposed underground transmission facility that is marked under
sub. (2m) and the cutting edge or point of any power-operated excavating or earth moving equipment, except as is necessary at the beginning of the excavation process to penetrate and remove the surface layer of pavement. When the underground transmission facility becomes exposed or if the transmission facility is already 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.
182.0175(2)(am)4.
4. 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.
182.0175(2)(am)5.
5. 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. 66.0831.
182.0175(2)(am)6.
6. 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.
182.0175(2)(am)6m.
6m. Refrain from backfilling an excavation until an inspection is conducted and any necessary repairs have been made by the owner of the transmission facility.
182.0175(2)(am)7.
7. 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.
182.0175(2)(am)8.
8. 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.
182.0175(2)(bm)
(bm)
Notice. An excavation notice shall include all of the following information:
182.0175(2)(bm)3.
3. 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.
