Wis. Admin. Code Trans 401.02
General applicability
Cite as Wis. Admin. Code Trans § 401.02
General applicability.
(1) This chapter applies to the following actions directed and supervised by the department:
(a) Any construction project that relates to an airport, railroad, highway, bridge, or other transportation facility, including temporary support activities, that has land-disturbing construction activity or that may cause a discharge to waters of the state.
(b) Any maintenance activity or routine maintenance activity with land-disturbing construction activity or that may cause a discharge to waters of the state.
(c) Any action by a person that relates to a utility facility project administered under a utility permit issued by the department that has land-disturbing construction activity or that may cause a discharge to waters of the state.
(d) Any action subject to the conditions within a TS4 permit.
(2) Notwithstanding sub. (1) , this chapter does not apply to any of the following:
(a) 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, that has the meaning given in s. 91.01 (2) , Stats.
(b) An action not directed and supervised by the department completed by a private entity under a work in highway right-of-way permit issued by the department.
(3) Notwithstanding subs. (1) and (2) , the department reserves the right to require compliance with relevant sections of this chapter on any land-disturbing construction activity occurring within department-owned right-of-way or property to meet obligations under s. Trans 401.35 .
(4) For any site in which the department performs the construction actions, and for which there is no prime contractor, maintenance provider, or utility person, the department shall be responsible for the implementation of the performance standards of this section. For any site where the prime contractor, maintenance provider, or utility person fails to meet the requirements of this section, the department shall be responsible for the implementation of the performance standards of this section.