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)(8)Commission review.
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. Subject to pars. (am) to (c), 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)(as)(as) Notwithstanding sub. (2), a municipal regulation is unreasonable if it requires a company to pay any part of the cost to modify or relocate the company’s facilities to accommodate an urban rail transit system.
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)3.3. Inspecting company job sites and restoration projects.
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)6.6. Revoking company permits.
182.017(8)(b)7.7. Maintenance of databases.
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 HistoryHistory: 1971 c. 40; 1975 c. 68, 199; 1979 c. 34, 323; 1985 a. 297 s. 76; 1989 a. 31; 1993 a. 213, 246, 371; 1997 a. 204; 2005 a. 441; 2007 a. 42; 2011 a. 22; 2013 a. 20 s. 1564m, 1978d to 1978t; 2013 a. 165, 168; 2015 a. 195 s. 82.
182.017 AnnotationSub. (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 AnnotationSub. (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 AnnotationSub. (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.
182.0175182.0175Damage to transmission facilities.
182.0175(1)(1)Definitions. In this section:
182.0175(1)(aa)(aa) “Agricultural activity” has the meaning given in s. 101.10 (1) (a).
182.0175(1)(ab)(ab) “Commission” means the public service commission.
182.0175(1)(ac)(ac) “Complainant” means a person who files a complaint under sub. (3) (bg) 1. or 2.
182.0175(1)(ag)(ag) “Damage prevention fund” means the fund established under sub. (1m) (d) 11.
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.