reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 400 - Wisconsin Environmental Policy Act Procedures For Department Actions › Section Trans 400.14 - DEIS and FEIS reevaluation and supplement

Current through June 24, 2024
(1) DEIS.
(a) A reevaluation of a DEIS shall be
			 prepared if 3 years have elapsed before the date of publication of the notice
			 of availability of the FEIS or combined FEIS/ROD provided for under s.
			 Trans
			 400.11(4). A reevaluation of a DEIS
			 shall also be prepared any time prior to the date of publication of the notice
			 of availability of the FEIS or combined FEIS/ROD if, in the judgment of the
			 department, there have been significant changes in the proposed action, the
			 affected human environment, the anticipated environmental impacts or the
			 proposed mitigation measures. If in either case the reevaluation indicates or
			 confirms any such significant changes, a new environmental document or
			 supplemental DEIS shall be prepared prior to proceeding with the proposed
			 action. The supplemental DEIS shall be prepared and processed in the same
			 manner as a DEIS under this chapter. Preparation of the supplemental DEIS shall
			 not require withdrawal of previous approvals for those aspects of the proposed
			 action not directly affected by the changed condition or new
			 information.
(b) An EA may be used
			 to assess the need to prepare a supplemental DEIS if it is uncertain that
			 significant changes in the proposed action, the affected human environment, the
			 anticipated environmental impacts or proposed mitigation measures will result
			 in significant environmental impacts which could not be identified from
			 preparing a reevaluation of the DEIS. The EA shall be prepared and processed in
			 accordance with the requirements of this chapter. Preparation of the EA shall
			 not require withdrawal of previous approvals for those aspects of the proposed
			 action not directly affected by the changed condition or new
			 information.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 400 - Wisconsin Environmental Policy Act Procedures For Department Actions › Appendix - FEDERAL REGULATIONS AND PROCEDURES ADOPTED BY THE WISCONSIN DEPARTMENT OF TRANSPORTATION › UNITED STATES COUNCIL ON ENVIRONMENTAL QUALITY › Section 1500.5 - Reducing delay

Current through June 24, 2024
Agencies shall reduce delay by:
(a) Integrating the NEPA process into early
				  planning (§ 1501.2).
(b)
				  Emphasizing interagency cooperation before the environmental impact statement
				  is prepared, rather than submission of adversary comments on a completed
				  document (§ 1501.6).
(c)
				  Insuring the swift and fair resolution of lead agency disputes (§ 1501.5).
(d) Using the scoping process for
				  an early identification of what are and what are not the real issues (§
				  1501.7).
(e) Establishing
				  appropriate time limits for the environmental impact statement process
				  (§§ 1501.7(b)(2) and 1501.8).
(f) Preparing environmental impact statements
				  early in the process (§ 1502.5).
(g) Integrating NEPA requirements with other
				  environmental review and consultation requirements (§ 1502.25).
(h) Eliminating duplication with State and
				  local procedures by providing for joint preparation (§ 1506.2) and with
				  other Federal procedures by providing that an agency may adopt appropriate
				  environmental documents prepared by another agency (§ 1506.3).
(i) Combining environmental documents with
				  other documents (§ 1506.4).
(j) Using accelerated procedures for
				  proposals for legislation (§ 1506.8).
(k) Using categorical exclusions to define
				  categories of actions which do not individually or cumulatively have a
				  significant effect on the human environment (§ 1508.4) and which are
				  therefore exempt from requirements to prepare an environmental impact
				  statement.
(l) Using a finding of
				  no significant impact when an action not otherwise excluded will not have a
				  significant effect on the human environment (§ 1508.13 ) and is therefore
				  exempt from requirements to prepare an environmental impact statement.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 400 - Wisconsin Environmental Policy Act Procedures For Department Actions › Appendix - FEDERAL REGULATIONS AND PROCEDURES ADOPTED BY THE WISCONSIN DEPARTMENT OF TRANSPORTATION › UNITED STATES COUNCIL ON ENVIRONMENTAL QUALITY › Section 1508.4 - Categorical exclusion

Current through June 24, 2024
"Categorical exclusion" means a category of actions which
					 do not individually or cumulatively have a significant effect on the human
					 environment and which have been found to have no such effect in procedures
					 adopted by a Federal agency in implementation of these regulations (§
					 1507.3) and for which, therefore, neither an environmental assessment nor an
					 environmental impact statement is required. An agency may decide in its
					 procedures or otherwise, to prepare environmental assessments for the reasons
					 stated in § 1508.9 even though it is not required to do so. Any procedures
					 under this section shall provide for extraordinary circumstances in which a
					 normally excluded action may have a significant environmental effect.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 400 - Wisconsin Environmental Policy Act Procedures For Department Actions › Appendix - FEDERAL REGULATIONS AND PROCEDURES ADOPTED BY THE WISCONSIN DEPARTMENT OF TRANSPORTATION › UNITED STATES COUNCIL ON ENVIRONMENTAL QUALITY › Section 1508.17 - Legislation

Current through June 24, 2024
"Legislation" includes a bill or legislative proposal to
					 Congress developed by or with the significant cooperation and support of a
					 Federal agency, but does not include requests for appropriations. The test for
					 significant cooperation is whether the proposal is in fact predominantly that
					 of the agency rather than another source. Drafting does not by itself
					 constitute significant cooperation. Proposals for legislation include requests
					 for ratification of treaties. Only the agency which has primary responsibility
					 for the subject matter involved will prepare a legislative environmental impact
					 statement.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 400 - Wisconsin Environmental Policy Act Procedures For Department Actions › Appendix - FEDERAL REGULATIONS AND PROCEDURES ADOPTED BY THE WISCONSIN DEPARTMENT OF TRANSPORTATION › UNITED STATES COUNCIL ON ENVIRONMENTAL QUALITY › Section 771.117 - Categorical exclusions

Current through June 24, 2024
(a) Categorical
				  exclusions (CEs) are actions which meet the definition contained in
				  40 CFR
				  1508.4, and, based on past experience with
				  similar actions, do not involve significant environmental impacts. They are
				  actions which: do not induce significant impacts to planned growth or land use
				  for the area; do not require the relocation of significant numbers of people;
				  do not have a significant impact on any natural, cultural, recreational,
				  historic or other resource; do not involve significant air, noise, or water
				  quality impacts; do not have significant impacts on travel patterns; or do not
				  otherwise, either individually or cumulatively, have any significant
				  environmental impacts.
(b) Any
				  action which normally would be classified as a CE but could involve unusual
				  circumstances will require the Administration, in cooperation with the
				  applicant, to conduct appropriate environmental studies to determine if the CE
				  classification is proper. Such unusual circumstances include:
(1) Significant environmental impacts;
(2) Substantial controversy on
				  environmental grounds;
(3)
				  Significant impact on properties protected by section 4(f) of the DOT Act or
				  section 106 of the National Historic Preservation Act; or
(4) Inconsistencies with any Federal, State,
				  or local law, requirement or administrative determination relating to the
				  environmental aspects of the action.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 401 - Construction Site Erosion Control And Storm Water Management Procedures For Department Actions › Section Trans 401.01 - Authority

Current through June 24, 2024
(1) This chapter is promulgated under the
			 authority of ss.
			 30.2022,
			 84.01(2) and
			 (5),
			 84.03(9) (a)
			 and (10),
			 84.06(1) and (2)
			 (b),
			 85.02,
			 85.075,
			 85.16(1),
			 85.19(1),
			 86.07(2),
			 86.25(2),
			 86.32,
			 114.31(7)
			 and
			 227.11(2),
			 Stats.
(2) As specified in s.
			 30.2022(1m),
			 (1p), and (2), Stats., activities affecting
			 waters of the state that are carried out under the direction and supervision of
			 the department in connection with highway, bridge or other transportation
			 project design, location, construction, reconstruction, maintenance and repair
			 are not subject to the prohibitions or permit or approval requirements
			 specified under ss.
			 29.601,
			 30.11,
			 30.123,
			 30.19,
			 30.195,
			 30.20,
			 59.692,
			 61.351,
			 62.231
			 or
			 87.30, Stats.,
			 or chs. 281 to 285 or 289 to 299, Stats., except s.
			 281.48,
			 Stats., if the activity is accomplished in accordance with interdepartmental
			 liaison procedures established by the department of natural resources and the
			 department of transportation for the purpose of minimizing the adverse
			 environmental impact, if any, of the activity.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 401 - Construction Site Erosion Control And Storm Water Management Procedures For Department Actions › Section Trans 401.03 - Applicability

Current through June 24, 2024
(1) This chapter applies to the following
			 actions:
(a) Any action directed and
			 supervised by the department that relates to an airport, railroad, highway,
			 bridge or other transportation facility construction or maintenance project for
			 which plans are developed and that may cause a discharge to waters of the
			 state, including selected sites.
(b) Any action by a person that relates to a
			 utility facility project and that may cause a discharge to waters of the state.
			 This chapter applies only to actions within the area described in a permit
			 issued by the department of transportation. Actions outside the area of a
			 permit issued by the department of transportation are subject to regulation by
			 the department of natural resources.
(c) Construction or reconstruction of a
			 highway designated under s.
			 86.32,
			 Stats., as a connecting highway, or any improvement, as defined in s.
			 86.31(1)
			 (b), Stats., of a connecting
			 highway.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 401 - Construction Site Erosion Control And Storm Water Management Procedures For Department Actions › Section Trans 401.04 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Best management practices" or "BMPs" means structural or nonstructural
			 measures, practices, techniques or devices employed to avoid or minimize soil,
			 sediment and pollutant movement, or to manage runoff.
Note: The Wisconsin Department of Transportation specifications
				and manuals listed below identify best management practices that apply under
				this chapter. However, best management practices other than those listed may be
				applicable to any given situation.
1.
			 Sections 107.18, 107.19,
			 107.20,
			 628 and 631 of the Standard Specifications for Road and Bridge Construction of
			 the Wisconsin Department of Transportation. Copies of these sections may be
			 obtained from the Wisconsin Department of Transportation, Office of
			 Construction, P. O. Box 7916, Madison, Wisconsin 53707-7916.
2. Sections P-151, P-152, P-158, P-159,
			 Division VII and Division VIII of the Standard Specifications for Airport
			 Construction of the State of Wisconsin, Department of Transportation. Copies of
			 these sections and divisions may be obtained from the Wisconsin Department of
			 Transportation, Bureau of Aeronautics, P. O. Box 7914, Madison, Wisconsin
			 53707-7914.
3. Chapters 10 and 13
			 of the Facilities Development Manual of the Wisconsin Department of
			 Transportation, Division of Transportation Infrastructure Development. Copies
			 of these chapters may be obtained from the Wisconsin Department of
			 Transportation, Division of Transportation Infrastructure Development, P. O.
			 Box 7965, Madison, Wisconsin 53707-7965.
4. Chapters 2 and 10 of the Highways
			 Construction and Materials Manual of the Wisconsin Department of
			 Transportation, Division of Transportation Infrastructure Development. Copies
			 of these chapters may be obtained from the Wisconsin Department of
			 Transportation, Division of Transportation Infrastructure Development, P. O.
			 Box 7965, Madison, Wisconsin 53707-7965.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 401 - Construction Site Erosion Control And Storm Water Management Procedures For Department Actions › Section Trans 401.05 - Basic principles of erosion control and storm water management

Current through June 24, 2024
A project shall be planned and implemented in accordance with
				the following basic principles of erosion control and storm water
				management:
(1) Investigate the
			 intended project site and design the project to avoid or minimize adverse
			 effects that may be caused by erosion or a discharge to waters of the
			 state.
(2) Design or select best
			 management practices for the project to:
(a)
			 Avoid or minimize on-site erosion damage in order to avoid or minimize off-site
			 sediment or pollutant accumulation that may result from a discharge.
(b) Protect the perimeter area of the site
			 and the disturbed areas from erosion and pollutant accumulation that may result
			 from off-site runoff.
(c) Reduce
			 runoff velocities and retain sediments and pollutants on the site to the
			 maximum extent practicable.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 401 - Construction Site Erosion Control And Storm Water Management Procedures For Department Actions › Section Trans 401.07 - Erosion control plan

Current through June 24, 2024
(1g) GENERAL RESPONSIBILITY.
(a) The department shall prepare the erosion
			 control plan for a project site of a project directed and supervised by the
			 department.
(b) A utility person
			 shall prepare the erosion control plan for any utility facility project that is
			 not considered a minor utility facility project, unless the department elects
			 to prepare an erosion control plan for the utility facility project. An erosion
			 control plan is not required for a minor utility facility project.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 401 - Construction Site Erosion Control And Storm Water Management Procedures For Department Actions › Section Trans 401.09 - Maintenance of best management practices

Current through June 24, 2024
(1g) GENERAL
			 RESPONSIBILITY. A prime contractor or utility person, as appropriate, shall
			 implement, install and maintain best management practices at a site as required
			 in the contract documents, as defined in s.
			 Trans 401.12(1)
			 (a).
(1m) BEFORE AND DURING CONSTRUCTION OR
			 MAINTENANCE ACTIVITY. Before and during the period of construction or
			 maintenance activity, the prime contractor or utility person shall implement,
			 install and maintain, or cause to be performed, all best management practices
			 required by the erosion control plan, the ECIP and the requirements of this
			 chapter. The prime contractor or utility person shall also implement any
			 corrective action that is ordered under s.
			 Trans 401.105.
			 A utility person shall notify the appropriate department representative at
			 least 24 hours before the installation of best management practices.
(2) AFTER CONSTRUCTION OR MAINTENANCE
			 ACTIVITY.
(a) Upon the department's written
			 acceptance of permanent best management practices at a site, or upon the
			 department's granting of partial acceptance for a portion of work, the prime
			 contractor's responsibility to maintain those accepted best management
			 practices, or that portion of work for which partial acceptance is granted,
			 shall cease except for any responsibility for defective work or materials or
			 for damages caused by its own operations.
(b) In the case of a utility facility
			 project, a utility person shall promptly notify the department upon completion
			 of all construction or maintenance activities and the installation of all
			 permanent best management practices at a project site. Within a reasonable time
			 after that notification by the utility person, the department shall inspect the
			 project site to ensure that the permanent best management practices are
			 adequate and functioning properly. If the inspection of the project site
			 reveals that the best management practices are not adequate or not functioning
			 properly, the utility person, upon notification from the department or based on
			 its own inspection, shall promptly take the appropriate corrective action.
			 Where the utility person takes corrective action based on its own inspection of
			 a project site, the utility person shall immediately notify the department of
			 that corrective action.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 401 - Construction Site Erosion Control And Storm Water Management Procedures For Department Actions › Section Trans 401.105 - Corrective action

Current through June 24, 2024
(1)
(a) An
			 inspector who believes that changes or corrections are needed to best
			 management practices may, by written order delivered to the prime contractor,
			 temporarily suspend work until the project engineer is notified and decides all
			 questions at issue. The prime contractor shall respond to the order in a manner
			 consistent with the contract documents, as defined in s.
			 Trans 401.12(1)
			 (a). The project engineer shall, by written
			 notice, inform the prime contractor whenever an inspection of a project site or
			 selected site reveals the need for changes or corrections to best management
			 practices.
(b) The department shall
			 prescribe an erosion control order form for use whenever a corrective action is
			 ordered on any project directed and supervised by the department. The
			 department shall publish the form in the construction and materials manual. The
			 project engineer shall include a copy of the completed inspection report with
			 every erosion control order issued.
Note: Erosion control order forms may be obtained upon request
				by writing to the Department's Division of Transportation Infrastructure
				Development, Bureau of Environment, P. O. Box 7965, Room 451, Madison, WI
				53707-7965, or by calling (608) 267-3615.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 401 - Construction Site Erosion Control And Storm Water Management Procedures For Department Actions › Section Trans 401.106 - Post-construction performance standard

Current through June 24, 2024
(1) DEFINITIONS. In
			 this section:
(a) "Average annual rainfall"
			 means the rainfall determined by the following year and location for the
			 location nearest the project site: Madison, 1981 (Mar. 12-Dec. 2); Green Bay,
			 1969 (Mar. 29-Nov. 25); Milwaukee, 1969 (Mar. 28-Dec. 6); Minneapolis, 1959
			 (Mar. 13-Nov. 4); Duluth, 1975 (Mar. 24-Nov. 19).
(b) "TR-55" means the United States
			 Department of Agriculture, Natural Resources Conservation Service (formerly
			 Soil Conservation Service), Urban Hydrology for Small Watersheds, Second
			 Edition, Technical Release 55, June 1986, or Technical Release 55 for Windows
			 (Win TR-55), 2002.
Note: TR-55 is on file with the offices of the Legislative
				Reference Bureau, the Secretary of State, and the Department of Transportation,
				Office of General Counsel. Copies may be obtained by writing to the U.S.
				Department of Agriculture, Natural Resources Conservation Service, Conservation
				Engineering Division, 14th and Independence Avenue, SW., Room 6136-S,
				Washington, DC 20250. The phone number for the division is: 202-720-2520, and
				the fax number is: 202-720-0428. TR-55 is available electronically at:
ftp://ftp.wcc.nrcs.usda.gov/wntsc/H&H/other/TR55documentation.pdf
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 401 - Construction Site Erosion Control And Storm Water Management Procedures For Department Actions › Section Trans 401.107 - Developed urban area performance standard

Current through June 24, 2024
(1) The department
			 shall develop and implement a storm water management plan to control pollutants
			 from transportation facilities that are owned and operated by the department
			 and located within municipalities regulated under subch. I of ch. NR 216. The
			 plan shall do the following to the maximum extent practicable:
(a) Beginning not later than March 10, 2008,
			 implement a storm water management plan that is designed to attain at least a
			 20% reduction in total suspended solids in runoff that enters waters of the
			 state as compared to no storm water management controls.
(b) Beginning not later than March 10, 2013,
			 implement a storm water management plan that is designed to attain at least a
			 40% reduction in total suspended solids in runoff that enters waters of the
			 state as compared to no storm water management controls.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 401 - Construction Site Erosion Control And Storm Water Management Procedures For Department Actions › Section Trans 401.11 - Enforcement

Current through June 24, 2024
The project engineer shall enforce this chapter, except that
				for utility facility projects a representative of the department shall enforce
				this chapter. This authority shall include ordering the suspension of work on a
				project, including work at the project site or at any selected sites, for the
				period of time considered necessary in the interest of public safety or
				convenience, or for the period of time considered necessary due to the failure
				of a contractor or utility person to comply with any of the requirements of
				this chapter, including the failure of a prime contractor or utility person to
				implement within the prescribed time period a corrective action ordered under
				s.
				Trans 401.105.
				An inspector, by written order delivered to the prime contractor, or by written
				or verbal order delivered to a utility person, may temporarily suspend work
				until the project engineer or appropriate department representative is notified
				and decides all questions at issue.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 401 - Construction Site Erosion Control And Storm Water Management Procedures For Department Actions › Section Trans 401.12 - Liability for prohibited discharge

Current through June 24, 2024
(1) In this
			 section:
(a) "Contract documents" means the
			 written agreement between the department and the prime contractor that sets
			 forth the obligations of the parties to the contract, including the invitation
			 for bids, proposal, contract form and contract bond, standard specifications,
			 supplemental specifications, interim supplemental specifications, special
			 provisions, addenda, general plans, detailed plans, erosion control plan, ECIP,
			 notice to proceed, permits issued by the department, and any contract change
			 orders and agreements required to complete the construction of the work in an
			 acceptable manner, including authorized extensions and erosion control
			 orders.
(b) "Progress schedule"
			 means the schedule that establishes completion dates for activities required in
			 the contract documents, and interim completion dates, including revisions and
			 updates to that schedule.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 403 - Scholarship And Loan Repayment Incentive Grant Program › Section Trans 403.01 - Purpose and scope

Current through June 24, 2024
(1) PURPOSE. The purpose of this chapter is
			 to set forth the department of transportation's administrative interpretation
			 of s.
			 85.107,
			 Stats., and to prescribe the administrative policies and procedures for
			 implementing the scholarship and loan repayment incentive grant program for
			 improving the representation of targeted group members within job
			 classifications in which targeted group members are underutilized in the
			 department.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 403 - Scholarship And Loan Repayment Incentive Grant Program › Section Trans 403.02 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Department" means the department of transportation.
(3) "Program" means the scholarship and loan
			 repayment incentive grant program authorized under s.
			 85.107,
			 Stats.
(4) "Satisfactory academic
			 progress" means that level of academic performance, as defined by the
			 institution in which the student is enrolled, which is normally required to
			 insure adequate progress toward the attainment of the degree or certificate
			 required under s.
			 85.107,
			 Stats.
(4m) "Targeted group member"
			 means a person with disabilities, or a person who belongs to a class of race,
			 color, or sex, whose percent of the workforce within any job classification in
			 the department is less than that class's percent of the statewide labor market
			 for such job activities.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 403 - Scholarship And Loan Repayment Incentive Grant Program › Section Trans 403.03 - Program administration committee

Current through June 24, 2024
The department shall establish a committee consisting of
				representatives of at least 2 divisions within the department for the purpose
				of screening applicants for scholarships, evaluating scholarship recipients for
				continuing participation in the program and screening applicants for loan
				repayment incentive grants. The committee shall be coordinated by the
				department's human resources office and shall include department
				representatives from affirmative action and equal employment opportunity and
				representatives from divisions within the department that provide training or
				work experience for students in the program. The committee may establish
				criteria in addition to those specified in this chapter in order to perform its
				screening and evaluation functions. The committee may conduct personal
				interviews of applicants and program participants or may provide for the
				interviews to be conducted by a panel selected by the
				committee.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 403 - Scholarship And Loan Repayment Incentive Grant Program › Section Trans 403.04 - Scholarships

Current through June 24, 2024
(1) SELECTION PROCESS. The department shall
			 annually select scholarship recipients on the basis of written application
			 materials, any criteria developed by the committee under s.
			 Trans
			 403.03 and personal interviews. Recipients of
			 scholarships are required to submit new applications for each subsequent
			 academic year for which scholarship aid is sought.
(2) SCHEDULE. The department shall establish
			 annually a schedule for the distribution and submission of application
			 materials. The schedule shall include a recruitment program to inform
			 prospective applicants of the scholarships, training and employment
			 opportunities available under the program.
(3) ELIGIBILITY CRITERIA.
(a) To qualify for a scholarship, a person
			 shall meet all of the following criteria:
1.
			 Be a targeted group member.
2. Be a
			 resident of this state as determined by the department.
3. Be one of the following:
a. Enrolled full time, or the equivalent, and
			 registered as a sophomore, junior or senior in a bachelor degree program
			 offered by an accredited institution of higher education in this
			 state.
b. Enrolled full-time, or
			 the equivalent, in his or her 2nd year in an associate degree program, as
			 defined in s.
			 38.01(1),
			 Stats., or vocational diploma program, as defined in s.
			 38.01(11),
			 Stats., at a technical college in this state.
4. Demonstrate satisfactory academic progress
			 in a program under subd. 3. a. or b. that relates to a job classification in
			 which targeted group members are underutilized in the department.
5. Demonstrate an interest in training and
			 employment opportunities and in program activities in a job classification in
			 which targeted group members are underutilized in the department.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 403 - Scholarship And Loan Repayment Incentive Grant Program › Section Trans 403.05 - Loan repayment incentive grants

Current through June 24, 2024
The department may make loan repayment incentive grants to
				targeted group members within job classifications in which targeted group
				members are underutilized in the department as specified in s.
				85.107(3) (b),
				Stats. A loan repayment incentive grant shall be used only to repay the
				employee's education loans that are directly attributable to the employee
				acquiring a bachelor's degree, associate degree, or vocational diploma and that
				are outstanding on the date a grant applicant begins full-time employment with
				the department. Only loans from recognized lending institutions, including
				major credit card companies, shall be eligible for loan repayment incentive
				grants. Grants may not exceed the amount of the employee's educational loans
				outstanding.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 404 - Guarantee of mobilization loans for disadvantaged businesses › Section Trans 404.01 - Purpose and scope

Current through June 24, 2024
As authorized by s.
				85.25(4),
				Stats., as created by 1987 Wisconsin Act 399, the purpose of this chapter is to
				establish a program to assist disadvantaged businesses in obtaining working
				capital in order to participate in construction contracts with the department
				of transportation.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 404 - Guarantee of mobilization loans for disadvantaged businesses › Section Trans 404.03 - Selection of business development organization

Current through June 24, 2024
The department may make grants to a business development
				organization in order to provide funding for the guarantee of a mobilization
				loan provided that the business development organization:
(1) Is the Wisconsin housing and economic
			 development authority; or
(2) Is a
			 non-profit corporation; and
(a) Has a minimum
			 of 5 years experience developing business and loan plans for small businesses;
			 and
(b) Has a minimum of 5 years
			 experience providing management and technical assistance to small businesses;
			 and
(c) Has demonstrated a
			 commitment to securing financing for minority and women-owned businesses;
			 and
(d) Has demonstrated a
			 commitment from other lending institutions to participate in the
			 program.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 404 - Guarantee of mobilization loans for disadvantaged businesses › Section Trans 404.04 - Conditions for eligibility of a disadvantaged business for a guaranteed loan

Current through June 24, 2024
(1) Any business applying for a guaranteed
			 loan must be certified as a disadvantaged business by the department;
			 and
(2) Any business applying for a
			 guaranteed loan must have a current contract with the department or a current
			 sub-contract for work let by the department; and
(3) Any business applying for a guaranteed
			 loan must have a demonstrated ability to perform the work of the contract or
			 sub-contract.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 404 - Guarantee of mobilization loans for disadvantaged businesses › Section Trans 404.05 - Conditions for the guarantee of a mobilization loan by a business development organization

Current through June 24, 2024
(1) The total loan qualifies as a
			 mobilization loan.
(2) The total of
			 the principal amounts of all loans extended to the borrower during a single
			 year may not exceed 100% of the contract amount.
(3) The rate of interest on the loan,
			 including any origination fees or other charges relating to the loan, may not
			 exceed a rate to be determined by the business development
			 organization.
(4) Upon completion
			 of a contract with the department, the proceeds shall be co-paid to the lender
			 and the disadvantaged business by the department. If the disadvantaged business
			 is a subcontractor, the prime contractor shall co-pay the disadvantaged
			 business and the lender.
(5) The
			 term of the loan shall be for a maximum of 6 months. If requested, an extension
			 shall be considered on a case-by-case basis.
(6) The proceeds of the loan shall only be
			 used for new contract work with the department. Refinancings of prior contract
			 work with the department are not eligible. Loans to any disadvantaged business
			 may not exceed a total of $250,000 within a 180-day period.
(7) The business development organization
			 shall guarantee repayment up to 90% of the principal of any mobilization loan
			 eligible for guarantee. Any origination fees or other charges related to the
			 loan can be financed; however, they may not be guaranteed by the business
			 development organization.
(8) The
			 participating lender obtains a security interest in any machinery and equipment
			 resulting from the use of the loan proceeds and an assignment of the contract
			 proceeds from the department and the prime contractor for repayment of the
			 loan.
(9)
(a) A participating lender shall determine
			 when a guaranteed loan is in default, except that any guaranteed loan not
			 repaid in 6 months (or at the end of a specified extension) following the
			 origination of the loan is in default. Upon default, if there is any deficiency
			 remaining after the participating lender has enforced to the fullest extent
			 possible the security interest taken in any machinery and equipment purchased
			 with the loan proceeds and has collected any proceeds due from the department
			 or the prime contractor, the participating lender may notify the business
			 development organization.
(b) Not
			 more than 60 days after accepting notice of enforcement and deficiency under
			 par. (a), the business development organization shall pay to a participating
			 lender, from the disadvantaged business mobilization loan program fund, the
			 amount of the deficiency.
(c)
			 Neither the department nor the business development organization shall be
			 responsible for reimbursing the lender for any expenses incurred during the
			 collection of any defaulted payments.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 405 - Siting noise barriers › Section Trans 405.01 - Purpose

Current through June 24, 2024
In accordance with s. 3052 (3g) (b), 1987 Wis. Act 27, this
				chapter sets forth the procedures and criteria used by the department for
				evaluating and selecting site locations for noise barrier installation and for
				ensuring local participation in the siting process.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 405 - Siting noise barriers › Section Trans 405.02 - Definitions

Current through June 24, 2024
In this chapter:
(1)
			 "Department" means the department of transportation.
(2) "Existing noise level" means the highest
			 hourly noise level caused by existing conditions in a particular
			 area.
(3) "Future noise level"
			 means the highest hourly traffic noise level based on estimated traffic volumes
			 within a 20 year period after the completion of construction of the new highway
			 facility.
(4) "Noise barrier" means
			 any device, which reduces the transmission of highway traffic noise from a
			 highway to an adjacent receptor, including, but not limited to, earth berms,
			 walls made from timber, metal, concrete, or any combination thereof.
(5) "Noise level" means the sound level
			 obtained through use of A-weighting characteristics. The unit of measure is the
			 decibel (dB), commonly referred to as dBA when A-weighting is used.
(6) "Receptor" means an outdoor place where
			 frequent human use occurs and a lowered noise level would be of
			 benefit.
(7) "Residence" means the
			 official location of a household.
(8) "Retrofit project" means a proposed
			 project for the construction of noise barriers along an existing
			 highway.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 405 - Siting noise barriers › Section Trans 405.03 - Applicability

Current through June 24, 2024
(1) The provisions of this chapter shall
			 apply to all freeways and expressways under the jurisdiction of the department
			 under ss.
			 59.84
			 and
			 84.295,
			 Stats.
(2) This chapter is to be
			 applied so as to avoid conflict with obligations of the department, under ss.
			 84.015
			 and
			 84.03,
			 Stats., to comply with criteria and standards of federal agencies for obtaining
			 and using federal funds.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 405 - Siting noise barriers › Section Trans 405.04 - Siting criteria and policies

Current through June 24, 2024
(1) Noise barriers
			 shall be designed to provide protection only to the ground floor of abutting
			 buildings and not other parts of the buildings.
(2) For the department to consider a site for
			 construction of a noise barrier, the site shall meet the following criteria:
(a) For retrofit projects, a receptor shall
			 be exposed to existing noise levels which equal or exceed the levels in Table
			 1.
(b) For new highway projects, a
			 receptor shall have predicted future noise levels which equal or exceed the
			 levels in Table 1 or which exceed existing noise levels by 15 decibels or
			 more.
(c) A noise barrier
			 protecting a receptor shall reduce noise levels by a minimum of 8
			 decibels.
(d) The total cost of a
			 noise barrier may not exceed $30,000 in 1988 dollars per abutting residence.
			 The department may annually adjust this $30,000 maximum figure up or down based
			 on changes in the construction price index after 1988. Other land use
			 categories shall be analyzed on a site specific basis to determine cost
			 effectiveness.
TABLE 1 NOISE LEVEL CRITERIA FOR CONSIDERING BARRIERS
Land Use Category
Leq(h)1 (dBA)
Description of Land Use Category
A
57 (Exterior)
Lands on which serenity and quiet are of
							 extraordinary significance and serve an important public need and where the
							 preservation of those qualities is essential if the area is to continue to
							 serve its intended purpose.
B
67 (Exterior)
Picnic areas, recreation areas, playgrounds, active
							 sports areas, parks, residences, motels, hotels, schools, churches, libraries,
							 and hospitals.
C
72 (Exterior)
Developed lands, properties, or activities not
							 included in Categories A or B above.
D
-
Undeveloped lands.
E2
52 (Interior)
Residences, motels, hotels, public meeting rooms,
							 schools, churches, libraries, hospitals, and auditoriums.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 405 - Siting noise barriers › Section Trans 405.05 - Local participation

Current through June 24, 2024
The department shall ensure local participation in the siting
				of noise barriers through the following:
(1) The department shall hold one or more
			 informational meetings, in a location convenient to the locality to be affected
			 by the siting, to provide an opportunity for local participation in the
			 selection and development of the noise barrier installation project. The
			 department shall arrange for published notice of each informational meeting.
			 The department shall also give direct written notice of each informational
			 meeting to each person owning real property or leasing a residence in the
			 following locations:
(a) Within 500 feet in
			 any direction from the proposed noise barrier or
(b) Within the areas directly behind the
			 proposed noise barrier and directly across the highway from the proposed noise
			 barrier where the highest hourly traffic noise level equals or exceeds 67
			 decibels.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 405 - Siting noise barriers › Section Trans 405.06 - Program

Current through June 24, 2024
The department, upon receiving a community request for a noise
				barrier project, shall evaluate and program eligible retrofit noise barrier
				projects in the highway programming process. Factors considered in this process
				shall include, but are not limited to, cost of the project, date of adjacent
				development along the proposed site, traffic noise levels, number of benefiting
				receptors, community acceptance of the proposed noise barrier, and predicted
				noise level reduction.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 504 - Debarment, suspension and ineligibility of department of transportation contractors › Section Trans 504.01 - Scope and policy

Current through June 24, 2024
(1) SCOPE OF CHAPTER. This chapter:
(a) Prescribes certain policies and
			 procedures governing the debarment and suspension of contractors from contracts
			 involving the Wisconsin department of transportation.
(b) Provides for the listing of debarred
			 contractors, of suspended contractors and of contractors declared ineligible
			 for department contracts.
(c) Sets
			 forth the treatment accorded contractors listed as debarred, suspended, or
			 ineligible.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 504 - Debarment, suspension and ineligibility of department of transportation contractors › Section Trans 504.03 - List and records of debarred and suspended contractors

Current through June 24, 2024
(1) LIST.
(a) The department shall compile and maintain
			 a current, consolidated list of debarred, suspended and ineligible
			 contractors.
(b) The department
			 shall use the consolidated list to ensure that it does not solicit offers from,
			 award contracts to, or consent to subcontract with listed contractors, except
			 as otherwise provided in this chapter.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 504 - Debarment, suspension and ineligibility of department of transportation contractors › Section Trans 504.04 - Treatment of listed contractors

Current through June 24, 2024
(1) EFFECT.
(a) The department may not knowingly solicit
			 bids from, award contracts to, renew an existing contract with, or consent to
			 subcontracts with a debarred or suspended contractor, unless the secretary
			 determines, in writing, that a compelling reason for dealing with the
			 contractor exists.
(b) The
			 department shall not enter a contract with an ineligible contractor and, if
			 applicable, shall exclude ineligible contractors from subcontracts under the
			 conditions and for the period set forth in the applicable statutes, rules,
			 orders or legal authorities. The department may not knowingly solicit bids
			 from, award contracts to, renew an existing contract with, or consent to
			 subcontract with these contractors except in accord with the applicable
			 statutes, rules, orders or legal authorities.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 504 - Debarment, suspension and ineligibility of department of transportation contractors › Section Trans 504.05 - Debarment

Current through June 24, 2024
(1) GENERAL.
(a) The department may, in the public
			 interest, debar a contractor for any of the causes contained in sub. (2), using
			 the procedures in sub. (3). The existence of a cause for debarment as specified
			 in sub. (2), however, shall not necessarily require that a contractor be
			 debarred; the seriousness of any contractor's acts or omissions and any
			 mitigating factors shall be considered in making any debarment
			 decision.
(b) Debarment of a
			 contractor constitutes debarment of all divisions or other organizational
			 elements of the debarred contractor, unless the debarment is explicitly limited
			 to specific divisions, organizational elements or commodities.
(c) The department may extend the debarment
			 to include any affiliates of a debarred contractor, if the affiliates are
			 specifically named and are given written notice of the proposed debarment and
			 an opportunity to respond pursuant to sub. (4).
(d) When no suspension is in effect pursuant
			 to s.
			 Trans
			 504.06 at the time the department contemplates
			 debarment of a contractor, no contracts shall be awarded to, and no
			 subcontracts shall be approved for, the contractor, pending a debarment
			 decision by the department.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 504 - Debarment, suspension and ineligibility of department of transportation contractors › Section Trans 504.06 - Suspension

Current through June 24, 2024
(1) GENERAL.
(a) The department may, in the public
			 interest, suspend a contractor for any of the causes contained in sub. (2),
			 using the procedures in sub. (3).
(b) Suspension is to be imposed only on the
			 basis of adequate evidence of one or more of the causes set out in sub. (2),
			 pending completion of investigation or legal proceedings, when immediate action
			 is necessary to protect the public interest. In assessing the adequacy of the
			 evidence, the department may consider: the amount of available information, the
			 credibility of that information, whether important allegations are
			 corroborated, and what reasonable inferences can be drawn. The department's
			 assessment may include examination of available basic documents such as:
			 contracts, inspection reports and correspondence.
(c) Suspension of a contractor constitutes
			 suspension of all divisions or other organizational elements of the suspended
			 contractor, unless the suspension is explicitly limited to specific divisions,
			 organizational elements or commodities.
(d) The department may extend the suspension
			 to include any affiliates of a suspended contractor if the affiliates are
			 specifically named and are given written notice of the proposed suspension and
			 an opportunity to respond.
Wisconsin Administrative Code › Department of Transportation › Chapter Trans 510 - Transportation Facilities Economic Assistance And Development (TEA) Program › Section Trans 510.01 - Purpose and scope

Current through June 24, 2024
(1) As required by s.
			 84.185(4),
			 Stats., the purpose of this chapter is to establish department criteria for
			 implementing a flexible and expeditious process of evaluating and approving
			 transportation facility improvements that are essential to economic development
			 projects.
(2) The objective of the
			 transportation facilities economic assistance and development program is to
			 increase the number of jobs in this state by responding to the transportation
			 needs of an economic development project when that project is contingent on the
			 transportation facility improvement.