Applicability

Applicability. (1) This subchapter applies to any utility facility project, including TSA sites, with land-disturbing construction activity undertaken within the highway right-of-way, or on department-owned property, and under a utility permit issued by the department. (2) Any utility facility project included in a project let by the department and constructed by the department’s contractor shall meet the requirements of this subchapter and subch. II . (3) This subchapter does not cover the following actions, and such actions are subject to regulation by the DNR under chs. NR 151 and NR 216 , as appropriate: (a) A utility facility that does not require a utility permit issued by the department. (b) Any action or area associated with a utility facility that the department has not authorized by a utility permit. (c) Any action or area of a utility facility that is not within the highway right-of-way or on property owned by the department.