Wisconsin Statutes
Wis. Stat. § 196.74 (2026)
Electric lines; safety and interference
✓ current as of July 2026
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196.74196.74 Electric lines; safety and interference. Each public utility and railroad which owns, operates, manages or controls along or across any public or private way any wires over which electricity or messages are transmitted shall construct, operate and maintain the wires and any related equipment in a manner which is reasonably adequate and safe and which does not unreasonably interfere with the service furnished by any other public utility or railroad. The commission may issue orders or rules, after hearing, requiring electric construction and operating of such wires and equipment to be safe. The commission may revise the orders or rules as may be required to promote public safety. If any interested party files a complaint with the commission indicating that public safety or adequate service requires changes in construction, location or methods of operation, the commission shall give notice to the parties in interest of the filing of the complaint. The commission shall proceed to investigate the complaint and shall order a hearing on it. After the hearing the commission shall order any change in construction or location or change of methods of operation required for public safety or to avoid service interference. The commission shall indicate in the order by whom the change shall be made. The commission shall fix the proportion of the cost and expense of the change, which shall be paid by the parties in interest. The commission shall fix reasonable terms and conditions related to the payment of the cost and expense.
Notes of Decisions
Cited in 6
cases, 1940–2020 · leading case: Kerns v. Madison Gas & Elec. Co., 396 N.W.2d 788 (Wis. Ct. App. 1986).
Kerns v. Madison Gas & Elec. Co., 396 N.W.2d 788 (Wis. Ct. App. 1986). “Plaintiffs argue that MG&E had a duty under the electrical code to raise the line after the 1956 addition reduced the clearance, and that MG&E cannot rely on the “existing installation” provision to relieve itself of that duty.”
Beacon Bowl, Inc. v. Wisconsin Elec. Power Co., 501 N.W.2d 788 (Wis. 1993). “The insurers and Pinky contended that WEPCO negligently failed to inspect and trim trees near feeder X22262; that the electricity was defective and unreasonably dangerous; and that WEPCO violated sec. 196.74, Stats., Wis. Admin. Code sec.”
Oesterreich v. Claas, 295 N.W. 766 (Wis. 1940). “Sec. 196.74, Stats., provides as follows : “Every public utility and every railroad which owns, operates, manages or controls along or across any public or .”
Wisconsin Power & Light Co. v. Gerke, 121 N.W.2d 912 (Wis. 1963). “01, State Electrical Code, pursuant to sec. 196.74, Stats. 6 “The fact that poles in a street or highway were located in a certain place by an electric company pursuant to permission of the authorities creates no absolute, indefeasible right or irrevocable license to have such…”
Musil v. Barron Elec. Co-Operative, 108 N.W.2d 652 (Wis. 1961). “The Co-operative has contended on appeal that sec. 196.74, Stats. 1937, 3 did not authorize the public service commission to issue an electrical code which would apply to wires *352 which are not “along or across any public or private way.”
City of Waukesha v. City of Waukesha Bd. of Review (Wis. Ct. App. 2020). “31 (“[I]t shall be the duty of the [commissioner’s] office to give notice to the party or parties in interest.”); WIS. STAT. § 111.07(2)(a) (the commission “shall mail a copy of such complaint to all other parties in interest”); WIS.”
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