March 6, 2026

By Lane Kimble

WisDOT recently submitted its final Trans 401 rewrite to the state Legislature.

The rule–which was last changed in 2002–includes updates to ECIP reviews, Temporary Support Activity (TSA) sites (previously known as Selected Sites), and recycling materials, among others.

You can review the full rule HERE.

Some specific areas of interest for WTBA members include:

• A prime contractor must submit the Erosion Control Implementation Plan (ECIP) to WisDOT which will review it for completeness before forwarding it to DNR. WisDOT added a requirement that its review be completed in two business days. The final rule includes a 14 -working-day review period for DNR. See Trans 401.11 (3).
• WisDOT may allow ponds or areas of potential inundation on a TSA site. A requirement for a contractor to obtain an NR 343 pond permit was removed from the final rule. See Trans 401.07 (3) (c).
• Industrial activity, including concrete or asphalt batch plants and processing material for recycling, may take place on a TSA site and must be approved through interdepartmental liaison procedures. See Trans 401.07 (2) (b).
• A TSA site may be used for multiple WisDOT projects, and a TSA site may be transferred from one WisDOT project to another WisDOT project. See Trans 401.07 (3) (a), (b).
• Processing of materials related to recycling may be done on a TSA site if the materials are incorporated back into the same project site. Additional permits may be required. If the materials will be used for another purpose, WisDOT approval is required. See Trans 401.07 (3) (d)

The update process began in spring 2024 when WisDOT contacted stakeholders, including WTBA, to better align Trans 401 with Department of Natural Resources oversight.

WTBA’s Matt Grove and Jodi Jensen participated in meetings and discussions on behalf of members. Parts of the final rule were revised in response to feedback provided by WTBA.

A state Supreme Court ruling last year and a pending court case will likely prevent the Legislature from blocking any sort of agency rulemaking moving forward, which means the Trans 401 rewrite will be effective on or around June 1, 2026.