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State right of way permits

Utility | STH connection | Work on highway right of way

A permit is required when you perform work in the right of way of an Interstate, U.S. or state highway. All of these highways make up the state trunk highway (STH) system.

The work may consist of, but is not limited to:

  • Excavating
  • Placing fill materials
  • Grading
  • Paving
  • Surveying
  • Boring under a highway
  • Installing an overhead line
  • Blocking traffic

You must obtain a permit prior to the start of any work and have a copy of the permit at the work-site at all times.

Permits are issued by the Wisconsin Department of Transportation (WisDOT) on most numbered highways. However, many cities and villages issue permits for work performed on state and U.S. highways located within their boundaries. Please check with WisDOT or the municipality to determine which agency has the permitting authority.

There are three main types of permits for work in state highway right of way:

Utility permits

Utility permits are required to construct, operate or maintain a utility facility. This includes, but is not limited to:

  • Gas
  • Electric
  • Telephone
  • Cable television
  • Cellular
  • Fiber optics
  • Water (including irrigation lines)
  • Sanitary sewer

WisDOT has developed a comprehensive Utility Accommodation Policy (UAP) that regulates the construction, operation, and maintenance of utility facilities on all state highways under WisDOT's jurisdiction. The UAP details all of the requirements necessary to obtain a permit. Once approved, the permit remains in effect as long as the facility is operated and maintained according to permit and UAP conditions.

How to obtain a permit
Contact one of the utility permit coordinators PDF in the transportation region office responsible for the county where your project will be located. You will be asked to complete form DT1553 - Application/Permit to Construct and Operate Utility Facilities on Highway Right of Way MS Word and provide details about the project.

Questions on WisDOT's Utility Accommodation Policy can be directed to:

Robert Fasick
Wisconsin DOT
Bureau of Highway Operations
P.O. Box 7986 - Room 501
Madison, WI 53707-7986
(608) 266-3438
robert.fasick@dot.state.wi.us

Region boundary map PDF

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Utility Accommodation Policy

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Utility relocations on highway projects
If you have questions pertaining to the relocation of utility facilities associated with highway improvement projects, contact one of the utility coordinators PDF in the transportation region office responsible for the project. These projects may or may not require a WisDOT utility permit.

Questions on WisDOT's utility coordination guide can be directed to:

Ernie Peterson
Wisconsin DOT
Bureau of Technical Services
P.O. Box 7916 - Room 651
Madison, WI 53707-7916
(608) 266-3589
ernest.peterson@dot.state.wi.us

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STH connection permits

(Driveway, public or private road, and recreational trail permits)

Introduction

A driveway, public or private road, or recreational trail is a connection between property that abuts state trunk highway (STH) right of way and the highway itself. A STH connection permit is required when property owners and local agencies want to:

  • Construct a new connection
  • Remove an existing connection
  • Relocate an existing connection
  • Alter an existing connection, which includes a change of use
  • Validate an existing unpermitted connection (when legal)

“Alter” means any change done to a connection beyond routine maintenance such as widening, paving, replacing a culvert, and improvements to the highway.

“Change of use” means any modification to a property that results in a change in the number and/or types of vehicles using a property’s connection. Property modifications may include, but are not limited to:

  • Changing from a residential to a commercial or industrial use
  • Changing from single to multiple residential use
  • Subdividing to accommodate additional residences or businesses
  • Changing the type of business

On state trunk highways under WisDOT jurisdiction, permits are required to:

  • Construct a new driveway or road/street connection
  • Alter an existing driveway or road/street connection
  • Change the use (residential, commercial, field entrance, etc.) of an existing driveway

Classifications and restrictions

A connection is classified by its use or how it serves a property. Types of use include:

1. Commercial/industrial: A driveway or private road that serves a business or non-profit organization.

2. Residential: A driveway or private road that serves single and multiple family homes, apartments, condominiums, townhouses, etc.

3. Agricultural: A field entrance and entrances to recreational or hunting lands. This use may also serve to provide an entrance to farm buildings but not residential buildings.

4. Public Road: A road, street, highway, etc. connecting to a state trunk highway that is maintained by a local unit of government. A road not maintained by a unit of government is categorized under 1 or 2.

5. Trail or Trail Crossing: Any pedestrian, bicycle, snowmobile, equestrian, etc., trail that runs longitudinally along and/or crosses a state trunk highway.

Some properties have access restrictions. Examples of restrictions include:

  • No direct access is allowed to a state trunk highway
  • Only one connection is allowed to a state trunk highway
  • A connection has a specific use (for example, agricultural – not residential or commercial)
  • A connection has to be built at a specific location
  • A connection has right-in, right-out turns only (no median opening allowed)

A property or group of properties may also have multiple access restrictions, which should be specified in the property deed(s).

If a property has access restrictions, WisDOT may not be able to issue a STH connection permit or may only be able to issue a permit that meets the restrictions. WisDOT may also issue a STH connection permit with certain restrictions in order to ensure the safety and operability of a state trunk highway, for example, limiting the connection to a certain type of use or a maximum number of vehicles per day.

How to apply for a STH connection permit

Download or print form DT1504 -Application/Permit for Connection to State Trunk Highway MS Word and follow the instructions. If you print the form, fill it out in ink and mail a copy to WisDOT. If you fill out the form by computer, you can either mail it or submit it electronically as an e-mail attachment to WisDOT. The completed form must be sent to the WisDOT regional transportation office PDF responsible for the county where the connection is or will be located. The hyperlinked document in the last sentence also contains a list of WisDOT staff for each county who can answer your connection related questions.

In addition to the application form, you will need to provide:

  • A location sketch. You may use form DT1248 – STH Connection Location Sketch MS Word
  • Design details (dimensions, type/size of culverts, materials, surface grades, etc.)
  • A copy of the property deed
  • A copy of a certified survey map (if applicable)
  • Evidence of a land division (if applicable)

You may also be asked to provide some type of proof that you have the authority to apply for a permit if you are not the property owner. A copy of an “Offer to Purchase Property” is an example of such proof. Any of the above referenced items may be submitted electronically if you are submitting your application electronically.

Once issued, a STH connection permit remains in effect until cancellation by the property owner or local agency, expiration of a temporary permit date, or revocation by WisDOT.

Existing connections without permits

If an existing connection on your property does not have a valid WisDOT STH connection permit, you may be able to obtain a permit if it meets current law, standards and policy or if the connection can be legally altered or relocated to do so. Contact the WisDOT regional transportation office responsible for the county where the connection is located and a staff person will evaluate your situation. If an existing unpermitted connection meets current law, standards and policy, WisDOT may issue a connection permit to a property owner without his/her involvement or signature. This might occur when WisDOT conducts an inventory of its connections along a STH, for example, with a highway improvement project.

Maintenance

Property owners and local agencies are expected to perform routine maintenance on the portion of their connections within state trunk highway right of way whether or not the connections have a valid WisDOT permit or are nonconforming. Routine maintenance includes items like sealing asphalt, grading gravel, culvert replacement and cleanout, and minor repairs. This type of work can usually be done without a permit unless the work affects traffic in some manner or could interfere with a WisDOT highway improvement or maintenance project.

Authority

WisDOT’s legal authority to issue STH connection permits comes from Wisconsin Statute 86.07(2) and Administrative Rule Trans 231.

Questions

Specific questions on STH connection issues or requests should be directed to the WisDOT regional transportation office. PDF  

General questions on WisDOT STH connection permit policy and forms may be directed to:

Robert Fasick
Wisconsin DOT
Bureau of Highway Operations
P.O. Box 7986 - Room 501
Madison, WI 53707-7986
(608) 266-3438
robert.fasick@dot.state.wi.us

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Work on highway right of way permits

A permit is required for any other state highway right of way work that is not related to utilities, driveways or road/street connections. This work may include, but is not limited to:

  • Storm sewers
  • Drain pipes and drain tiles
  • Landscaping
  • Ground monitoring wells
  • Surveying
  • Soil borings
  • Accident investigation and clean-up
  • Removal of contaminated soils

How to obtain a permit

Contact the transportation region office PDF responsible for the county where the proposed work will be located. You will be asked to complete form DT1812 - Application/Permit To Work on Highway Right of Way MS Word, and provide a complete description of the proposed work along with detail drawings, construction methods, types of materials, and the length of time needed to complete the work.

Questions on WisDOT policy can be directed to:

Robert Fasick
Wisconsin DOT
Bureau of Highway Operations
P.O. Box 7986 - Room 501
Madison, WI 53707-7986
(608) 266-3438
robert.fasick@dot.state.wi.us

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Utility work being performed along a Wisconsin highway

Related information:

Wisconsin Statute 66.0831

Wisconsin Statute 84.08

Wisconsin Statute 85.15

Wisconsin Statute 86.07 (2)

Wisconsin Statute 86.16

Wisconsin Statute 182.017

Wisconsin Statute 182.0175

Wisconsin Administrative Code Trans 231

 


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