Wis. Admin. Code Trans 401.28

Erosion control plan

Last amended: 2026Year: 2026Length: 459 wordsOfficial source

Cite as Wis. Admin. Code Trans § 401.28

Erosion control plan. (1) Responsibility. A utility person shall prepare the erosion control plan for any utility facility project, except a minor utility facility project, unless the department elects to prepare an erosion control plan for the utility facility project. (2) General. A utility person shall follow the provisions of s. Trans 401.10 (2) and comply with all of the following: (a) Except as provided under par. (b) , the utility person shall consult with the DNR to identify any areas or resources that require added safeguards. When the DNR identifies areas or resources that require added safeguards, the utility person shall include in the erosion control plan those areas or resources and the specific added safeguards as determined in consultation with the DNR. (b) If the department determines that a utility facility project will be completed concurrently or in advance of a transportation facility project that is directed and supervised by the department under this chapter, and the utility facility project is within the project limits of the transportation facility project, the department may elect to complete coordination with the DNR, on behalf of the utility, through interdepartmental liaison procedures. (c) For a utility facility project not considered minor, a utility person shall submit the erosion control plan to the department for approval along with the request for a utility permit for the utility facility project. The erosion control plan shall include TSA sites, if any. The department may not approve the erosion control plan unless the utility person provides some evidence that it has consulted with the DNR as required under par. (a) . (d) No person may implement an erosion control plan or begin land-disturbing construction activity for a utility facility project, unless the department has approved the erosion control plan in writing. (3) Content. The erosion control plan for a utility facility project, including any TSA sites, shall include all information required under ss. Trans 401.10 (3) and Trans 401.11 (4) . (4) Amendments. (a) No utility person may implement an amended erosion control plan unless the department has approved the amended erosion control plan in writing. (b) The utility person shall amend the erosion control plan for a project whenever any of the following occurs: 1. There is a change in design, construction, operation, or maintenance at the project site or TSA site that has the reasonable potential for a discharge to waters of the state and that is not addressed in the plan. 2. The BMPs required by the plan fail to avoid or minimize adverse impacts to waters of the state caused by an unauthorized discharge. 3. A new TSA site is added within the highway right-of-way or other department owned lands where the department approves the use of the TSA site.
Wis. Admin. Code Trans 401.28: Erosion control plan | Justis AI