Section 185.17. Interference with public service structures.

 

(1)  No utility having any work upon, over, along, or under any public street or highway or upon, over, along, or under any private property shall interfere with, destroy, or disturb the structures of any other public service corporation or railroad encountered in the performance of such work so as to interrupt, impair, or affect the public service for which such structures may be used, without first reaching an agreement concerning the location and the nature of the proposed work.

(2)  A utility shall exercise care when working in close proximity to existing facilities. When the facilities are underground and are to be exposed or possibly may be exposed, hand digging shall be employed. In these cases, such support as may be reasonably necessary for protection of the facilities shall be provided in and near the construction area. When backfilling an excavation, such procedures and materials shall be employed to provide reliable support for existing underground facilities in and near the construction area.

(3)  A utility shall, in the absence of working arrangements, give at least a 3-day written notice (not counting Saturdays, Sundays, and legal holidays) to all utilities or railroads and to those who may have facilities in and near the construction area which may be affected by the proposed work. The utility proposing to work shall obtain from the affected party the location of the existing facilities determined to be affected or to be in and near the construction area. Contacting a one-call system, such as the diggers' hot line system established under s. 182.0175 (1m) , Stats., shall constitute compliance with this subsection.

(4)  A utility upon receiving a notice of proposed construction shall furnish in 3 days detailed information relative to location and type of facilities that are present in the proposed construction area. Where practical in those cases where the facilities are underground, they shall be marked physically in the field relative to location.

(5)  Nothing in this section shall prevent a utility from proceeding as quickly as possible with any emergency construction work which might interfere with existing facilities. However, all reasonable precautions shall be taken to avoid or minimize damage or interference to the other facilities and notification shall be given as soon as possible to the utilities which have facilities in the construction area.

Cr. Register, January, 1997, No. 493 , eff. 2-1-97; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register April 2007 No. 616 .