Site Inspection Protocol for Private Property * Castle Doctrine 2. DOT ROW’s

2. Site Inspection Protocol for • Private Property • * Castle Doctrine • 2. DOT ROW’s

3. For both situations: When are you in the field? (private or w/in ROW)? This portion is applicable to both Agencies!

4. Scoping: corridor studies (pre-EIS) Sometimes no real estate or easements purchased – exact location unknown. Sometimes VE-Studies

5. Environmental Document Development

6. Design stage (post env. doc.) sub-surface testing, surveying, other project development

7. Construction Stage borrow/waste, easement areas (TLE, PLE), release investigation, or simple ROW access

8. Mitigation Review new site development, site monitoring Hmm…How do I get there to look at the wetlands? The only way to get to the site is to traverse across private property?

10. Recommended safety equipment?

11. Part 1 - Private Property

12. WisDOT Protocol for Private Property Entry Chapter 84.01(10) FDM 9-10-5

13. Private Property Access for WisDOT Staff Wis. Stats 84.01(10) Right of entry. The department (DOT) or its authorized representatives may enter private lands to make surveys or inspections.

14. The department (DOT) or its authorized representatives may enter private lands to make surveys or inspections. So what does this mean?

15. Does DNR qualify as an “authorized representative”?

16. Does DNR qualify as an “authorized representative”? Yes! but must obtain authorization in writing from DOT. DNR – DOT arrangement not found in CoA or FDM

17. Example DOT Correspondence “For activities affecting waters of the State that are carried out under the direction and supervision of the State of Wisconsin Department of Transportation (DOT) in connection with highway, bridge, or other transportation project design, location, construction, reconstruction, maintenance, and repair, this letter certifies that the State of Wisconsin Department of Natural Resources (DNR) and its officers and employees are authorized representatives of DOT for purposes of the right of entry under sec 84.01(10), Wis. Stats., to enter private lands to evaluate proposed alignments and assess potential impacts and to make surveys or inspections to monitor the implementation of the erosion control implementation plan or “ECIP” required under sec. Trans 401.08, Wis. Adm. Code, pursuant to DOT’s written approval of the ECIP.”

18. The bottom line. Whether authorization is given project by project or blanket authorization is given in a future update to the CoA, DNR will work through DOT to gain access to private properties directly or indirectly associated with the project.

19. Procedures for WisDOT or for those who are “authorized”? FDM 9-10-5 Entry and Operations on Private Land

20. FDM 9-10-5 – Right of Entry Basics • DOT does not have to ask for permission • DOT shall notify the owner/occupant (when/why) • Notification happens BEFORE beginning work • Owner Refuses? Then obtain warrant. • Never allowed to BREACH THE PEACE! No arguing with owners! • Safety FIRST – be prepared to walk away if needed

21. Notification is always required: • Use DOT Project Manager (both DNR, REC’s and SWECs) to communicate with owner/occupant • Notification protocol: • Ask in person • Telephone (message on machine not count) • In writing may be required • See 9-10-5 for detailed description & more information

22. The Castle Doctrine? Doing your job safely one interaction at a time.

23. Castle Doctrine Legislation (2011 Wisconsin Act 94) Castle Doctrine authorizes a private property owner to use force against a person who has unlawfully and forcibly entered their home or dwelling and the area immediately surrounding the dwelling including the yard, garage and driveway or parking area.

24. unlawfully and forcibly? We will never cross this threshold; however….

25. unlawfully and forcibly? We will never cross this threshold; however…. Nothing prevents a private property owner from misinterpreting the Castle Doctrine?

26. unlawfully and forcibly? An informed citizen will know that to invoke Castle Doctrine an owner/tenant must: Be present when the person used force or had reason to believe force was used. AND Believe their own safety and life is in danger!

27. Overall, how do we avoid tragic misunderstandings?

28. Take Home Message: • Know where you are! • Know where you a going! • Use your JUDGMENT!

29. A word about borrow & waste sites.

30. A word about borrow & waste sites. • DNR – work through DOT • DOT work through contractor Borrow and/or Waste Site Access agreement between owner and contractor B/W’s considered private property with DOT taking the added role of stormwater and erosion control.

31. Questions on Part 1?

32. Part 2 – DOT ROW’s R O A D B E D R O W Private Land Private Land R O W

33. What about sites owned by DOT? DOT to DOT – within the ROW Internal Protocol for site access.

34. REC PDS The coordination protocol between staff on this diagram may vary between Regions. SWEC Const.

35. What about land owned by DOT? DNR to DOT – within the ROW Internal Protocol

36. REC REC WisDOT PM PDS DNR SWEC SWEC Const. Const.

38. DNR does not need to notify DOT to make a SAFE off road inspection along local and state highways. Stopping along the interstate is prohibited. Example: Waterway assessment for bridge project.

40. Private Property Access DNRDOT • DOT must notify private property owners! • DNR must obtain authority from DOT! • Both refer to FDM 9-10-5 for specific procedures

41. Access on DOT ROW • DOT communicate internally for DOT staff access • DNR notify DOT during construction • DNR safely evaluate resources from ROW – non-construction

42. Knowing where you are! • Knowing where you a going! • Using your JUDGEMENT! • Be Safe! Where am I?

43. Questions?