1. (1) A municipal regulation is unreasonable if it requires a utility to pay more than the actual cost of functions undertaken by the municipality to manage utility access to and use of municipal rights-of-way. These management functions include all of the following:

   1. (a) Registering utilities, including the gathering and recording of information necessary to conduct business with a utility.
   2. (b) Except as provided in sub. (2), issuing, processing, and verifying excavation or other utility permit applications, including supplemental applications.
   3. (c) Inspecting utility job sites and restoration projects.
   4. (d) Maintaining, supporting, protecting, or moving utility equipment during work in municipal rights-of-way.
   5. (e) Undertaking restoration work inadequately performed by a utility after providing notice and the opportunity to correct the work.
   6. (f) Revoking utility permits.
   7. (g) Maintenance of databases.
   8. (h) Scheduling and coordinating highway, street, and right-of-way work relevant to a utility permit.
2. (2) A municipal regulation is unreasonable if it requires a utility to be responsible for fees under s. 182.0175 (1m) (bm), Stats., that may be assessed to a municipality as a member of the one-call system under s. 182.0175, Stats.
3. (3) It is reasonable for a municipal regulation to provide for the recovery of costs incurred under sub. (1) (a), (b), (c), and (g) through a pre-excavation permit fee.
4. (4) It is reasonable for a municipal regulation to provide for the recovery of costs incurred under sub. (1) (d), (e), and (f) only from the utility that is responsible for causing the municipality to incur the costs.

History

History: CR 01-077: cr. Register June 2003 No. 570, eff. 7-1-03.