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.
182.0175(2m)
(2m) Transmission facilities owner requirements. 182.0175(2m)(a)(a) Responsibilities. A transmission facilities owner shall do all of the following:
182.0175(2m)(a)1.
1. Respond to a planning notice within 10 days after receipt of the notice by conducting field markings, providing records and taking other appropriate responses.
182.0175(2m)(a)2.
2. Respond to an excavation notice within 3 working days by marking the location of transmission facilities and, if applicable, laterals as provided under
par. (b) in the area described in the excavation notice.
182.0175(2m)(a)3.
3. Provide emergency locater service within 24 hours after receiving a request for that service.
182.0175(2m)(b)
(b)
Facilities marking. 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. Except as provided in
par. (bm), if the person is a local governmental unit and if the excavation notice relates to sewer or water facilities owned by the local governmental unit, the local governmental unit shall also mark the locations within the public right-of-way of all laterals connected to the sewer or water facilities at the area described in the notice. 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:
182.0175(2m)(b)3.
3. Communications, cable television or alarm or signal systems: orange.
182.0175(2m)(bm)
(bm)
Local governmental units. A local governmental unit is considered to have satisfied the requirement under
par. (b) to mark the locations within the public right-of-way of all laterals connected to sewer or water facilities if the local governmental unit makes available to an excavator, for inspection and making copies, information on the location of such laterals as shown on maps, drawings, diagrams, or other records, that are readily available. If a local governmental unit has no such readily available information regarding such laterals and the local governmental unit provides the excavator with a written notice that the local governmental unit has no such readily available information, the local governmental unit is considered to have satisfied the requirement under
par. (b) to mark the locations within the public right-of-way of all laterals connected to the sewer or water facilities.
182.0175(2m)(br)
(br)
Private transmission facilities. Paragraphs (a) to
(bm) do not apply to owners of private transmission facilities.
182.0175(2m)(c)
(c)
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.
182.0175(2r)
(2r) Facilities installed after December 31, 2006. Any person who, after December 31, 2006, installs a nonconductive water or sewer lateral shall also install a locating wire or other equally effective means for marking the location of the lateral. The requirement shall not apply to minor repairs to, or partial replacements of, laterals installed before January 1, 2007.
182.0175(3)(a)(a)
Forfeitures. Any person who willfully and knowingly violates this section may be required to forfeit $2,000 for each offense. Each day of continued violation constitutes a separate offense.
182.0175(3)(b)
(b)
Misdemeanor. 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.
182.0175(4)
(4) Right of action. This section shall not affect any right of action or penalty which this state or any person may have.
182.0175(5)
(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.
