Section Trans 207.01 - PurposeThe purpose of this chapter is to interpret and implement s. 84.01(23), Stats., relating to providing standards and specifications for the design and construction of municipal public highway bridges, arches, and culverts over and in navigable streams to prevent undue impairment of public rights in navigable waters. In adopting these standards the department of transportation has followed these general guidelines.
(1) Constructing authorities are not empowered to block passage completely on any navigable stream, but on the other hand it is unreasonable to expect that unlimited overhead clearance be allowed on all streams. This means that a consideration of navigation blockage usually narrows to a question of degree of restriction: "How much physical restriction is possible at the site without preventing the movement of people, goods, and equipment that would reasonably be expected to pass through the site?"(2) A constructing authority, in developing a rationale for partial restriction, shall not base such a rationale solely on highway needs and bridge costs but also on the fact that some sort of navigation is possible through the site and it will be accommodated by the proposed highway-water crossing.(3) In an area only accessible by canoes, a drainage structure could conceivably be placed which was too small to accommodate a canoe. A portage route would have to be available, however, which was freely open to the public. In this way "passage" is assured for the type of navigation reasonably expected at the site.(4) The portage concept is only reasonable in an area where the craft and equipment concerned can reasonably be carried by one or 2 persons for a short distance.(5) In some cases, providing a sufficient pass-through clearance for vessels and flood water will still not be enough to accommodate the associated incidents of navigation. For example, it may be in the public interest to span an area of critical habitat as well. All of the pertinent factors encountered at each highway-water crossing must receive due consideration.(6) New highway bridges or replacements of existing highway bridges over or in navigable waters shall minimize alteration of critical features of water habitats.Wis. Admin. Code Department of Transportation Trans 207.01
Cr. Register, June, 1981, No. 306, eff. 7-1-81.