Wisconsin Bulk Transmission Land Access(3-WI)
In Wisconsin, a bulk transmission developer may need a State Land Right-of-Way or Easement from the agency with jurisdiction to access state lands or for public utility service through, over, under, or along state land. Wis. Stat. Ann. § 24.40(1). A developer may need a Utility Permit from the Wisconsin Department of Transportation to construct, operate and maintain utility facilities within a State trunk highway right-of-way. 66 Wis. Stat. §§ 66.0831.
Determine Which State and Federal Permits Apply
Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.
Permitting at a Glance
|State Land Right-of-Way:||Any person may need a State Land Right-of-Way or Easement from the agency with jurisdiction to access state lands or for public utility service through, over, under, or along state land. Wis. Stat. Ann. § 24.40(1).|
|State Land Right-of-Way Agency:||Wisconsin Public Lands Commission, Wisconsin Department of Natural Resources, state agency with jurisdiction|
|State Highway Right-of-Way:||Utilities may need a Utility Permit to use or occupy a state trunk highway right-of-way to construct an electric transmission line. WisDOT – Highway Maintenance Manual, at 09-15-15.|
|State Highway Right-of-Way Agency:||Wisconsin Department of Transportation|
|Eminent Domain:||Transmission corporations or any electric cooperatives can exercise the power of eminent domain for the construction and location of transmission lines. However, if the proposed transmission project would require a Certificate of Public Convenience and Necessity from the Wisconsin Public Service Commission then the corporation or cooperative cannot exercise the power of eminent domain until after receiving the certificate. 32 Wis. Stat. § 32.02(5)(b), 32 Wis. Stat. § 32.03(5)(a).|