STATE TRUNK HIGHWAYS; FEDERAL AIDdocs.legis.wisconsin.gov/document/statutes/1977/84.pdf · ing,...

TRUNK HIGHWAYS 84 .01

STATE TRUNK HIGHWAYS; FEDERAL A ID

84001 De fi n iti on s8401 Depa rtmentt powers and dutie s.84 Who to sign contracts84015 Federal highw a y aid accepted .8402 State t runk highwa y system.8403 Federal aid; s ta t e a nd l ocal funds. .8404 Roa dside improvement,8405 Railroad crossi ng improveme nts .8406 Highway construct io n ..8407 Ma intenanc e of state trunk h i ghway s .8408 Franchises .84 .09 Acquis it i on of land s a nd interests therein .84 10 Ma intenance and ope ration of bridges not on state

trunks .84 , 103 Si lent cro ss memor i al hi ghway,84104 32nd Division memorial highw ay .84105 Na ti onal parkw ays,84 11 Intrasta t e b ridges .84 12 Inters tate bridges .84.. 13 . Pur ch as e of toll br idges .

84135 Purchase of int erstate toll br idg e s .8414 Bridge con s tr uc tion . .84 15 B ridges8420 St a te repair and mai nt enance of highways and

st reet s,8425 Controlled-access highways .8 4 27 Ins titution roads .8 4 2 8 State park roads .8429 Nat ional system of i nt ersta te highways . .84. 295 Freeways and exp ressways..8430 Reg ula tio n o f o utdo o r, ad vertising ,8431 Regula tion o f' junkyar ds8440 Department; r elat ion to n o nprofit corporations..8441 State liability; applicable laws ; tax exemp tion ; secu r-

in g of fe d era l aid s .8442 Limita tions on b ondin g..8451 Con structi on of st ate hig hways.8452 Con structi on of i ntrast ate an d intersta te bridges8453 Matching of federa l a id .8460 Bikew ays,

plans, construction, inspection and maintenanceof all highways, whenever, the construction or,maintenance is under its jurisdiction.

(7) EXPERIMENTS, MEET INGS, C ONVENTIONS .The department shall conduct such investiga-tions and experiments, hold such public meet-ings and attend or be represented at such meet-ings and conventions inside or outside of thestate as may, in its judgment, tend to promoteimproved highways, and shall cooperate withstate and national organizations in experimentsand work for the advancement of improvedhighways .

(8) DONATIONS . The department shall re-ceive gifts, appropriations and bequests made toit or to the state for highway purposes, pay allmoneys received by it into the state treasury,and, as far as practicable, expend the same inaccordance with the wishes of the donor, suchexpenditures to be audited and paid as otherdisbursements of the department are auditedand paid, and shall apportion the allotments ofstate highway funds among the counties andmunicipalities as provided by law . .

(9) COUNTY TRUNK SYSTEM .. (a) The de-partment shall review the system of countytrunk highways and alter the same so as toconnect the system of adjoining counties intocontinuous and direct routes .

(b) To insure modernn safe design in theconstruction of county trunk highways, the de-partment shall establish rules providing uniformminimum design standards for the improvementof county trunk highways . "Improvement" asused in this paragraph includes construction,

84 .001 Definitions . In this chapter : .(1) "Department" means the department of

transportation .(2) "Secretary" means the secretary of

transportation .History : 1977 c 29

84.01 Department powers and duties . (1)OFFICES. The department shall maintain itssprincipal office at Madison and district officersat such other citiess as the necessities of the workdemand .

(2) POWERS AND DUTIES; GENERAL PROVI-SION„ The department shall have charge of allmatters pertaining to the expenditure of stateand federal aid, for the improvement of high-ways, and shall do all things necessary andexpedient in the exercise of such supervision .

` (3) DISTRICT OFFICES . Any internal reorgan-ization of the department under s .. 15 .02 shalllprovide for maintenance by the department ofdistrict offices throughout the sfate .

(5) ADVISE LOCAL AUTHORITIES. The de-partment shall advise towns, villages, cities andcounties with regard to the construction andmaintenance of any highway or bridge, whenrequested. On the request of any town, village,city or county board, or county highway com-mittee, any supervision or engineering worknecessary in connection with highway improve-ments :by any town, village, cityy or county maybe performed by the department and charged atcost to such town, village, city or county .

(6) SURVEYS AND PLANS. The departmentshall make provision for and direct the surveys,

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CHAPTER 84

determine, as fax, as possible, what improve-ments and maintenance will be made during thefollowing fiscal year, and notify the countyclerks prior to May 1, as to the improvementsand maintenance in their respective counties . .Such notice shall also be given to the departmentof natural resources and to the board of ' soil andwater conservation districts . .

(18) STATE TRUNK HIGHWAY ALLOTMENT,PREPARATION OF PROJECTS, (a) Whenever thecounty board of any county and the departmentshall agree on a project for expenditure of allot-ments standing to the credit of such countyunder s 84 . 03 (3), the department shall forth-with proceed to make surveys and plans, acquirethe right of way, hold public hearings and otherrequirements necessary to prepare the p r oject tothe point preceding the advertisement for bids . .

(b) The department may advance funds forsuch surveys and plans, acquisition of right ofway, holding of public hearings and other ' re-quirements necessaryy to prepare the project tothe point preceding the advertisement for bidsout of funds available under s . 20,395 (3) whichshall be replaced from funds available to thecredit of such county under s „ 84,03 (3) whenconstruction begins . .

(c) Whenever the county board of any countyand the department shall agree on projects forconstruction as provided in par . (a), the depart-ment shall forthwith prepare a future construc-tionprogram the estimated cost of which shall asnearly as practicable equal all outstanding cred-its available under s. 84,03 (3) as of July 1,1943, plus anticipated federal aid and any otherfunds available for construction, and annuallythereafter subject to provisions of par . (a), thedepartment shall forthwith prepare a construc-tion program the estimated cost of which . shallequal all funds availablee under s 84,03 (3),proposed bond issues, anticipated federal aid,and the portion of s. 20,395 (3) available forconstruction and make surveys and plans, ac-quire the right of way, hold public hearings andother requirements necessary to prepare theprojects included in the program to the pointpreceding" the advertisement for bids . . Suchpreparations shall be completed and on file inthe office . of' the department on or before No-vember , lof each year

(19) NOTARIES PUBLIC, The department isauthorized to expendd from its proper appropria-tions a sum sufficient to payy all fees and ex-penses necessarily incurred in qualifying em-ployes deemed necessary as notaries public andsecuring notaiial `. seals or rubber stamps ; butsuch notaries shall receive no fees for notarialservices rendered to the state . . .

reconstruction and the processes incidental tobuilding, fabricating or bettering a highway, butnot maintenance . .

(10) RIGHT OF ENTRY. The department or itsauthorized representatives may enter privatelands to make surveys or inspections .

(11) REPORTS AND BULLETINS The depart-ment shall issue such bulletins, pamphlets andliterature as it deems necessary ..

(1 2) ACTING COUNTY COMMISSIONER .. Thesecretary of transportation shall appoint, uponthe request of any county board, a county high-way commissioner, who shall have all the powersand duties conferred by statutes upon countyhighway commissioners ..

(13) ENGIN EERING SERVICES .. The depart-ment may engage such engineering, consulting,surveying or' other specialized services as it maydeem advisable, which shall be exempt from ss .16.70 to 16 82 and ss . 16,85 to 16,89, but anysuch engagement involving an expenditure of$.3,0000 or more shall be by formal contractapproved by the governor .

(14) LABORATORIES. The department shallmaintain in connection with the performance ofnecessary engineering for highway work andother functions, a materials testing and researchlaboratory and adequate facilities forhighwaymarking and signing .

(15) FEDERAL AID SYSTEMS OF HIGHWAYS . .

The department shall plan, select, lay out, addto, decrease, revise, construct,, reconstruct, im-prove and maintain, or air ange for' maintenanceby subdivisions of the state or by any othermeans, the national system of interstate high-ways, federal aid highway system, system ofsecondary and feeder roads, federal aid gradecrossings projects, federal forest highway sys-tems and projects and other highway and relatedprojects, all within the meaning of'Title 23, USCand all acts amendatory thereof' and supplemen-tary thereto, and the federal regulations issuedunder such code ; and receive all funds providedby any source to matchh or supplement suchfederal aid funds, and expend such funds inaccordance with the requirements of acts of'congress of of this state making such fundsavailable and cooperate with federal authoritiesand subdivisions of the state in carrying out thissubsection .. This subsection shall not limit theother powers of the department relative to fed-eral aid for highways..

(16) NOTICE OF COUNTY TRANSPORTATIONAID, Annually, not later than June 30, the de-partment shall notify each county clerk of thetransportation aid to the county for the follow-ing fiscal year-,

( 'I7) IMPROVEMENTS AND MAINTENANCEFOR NEXT YEAR. The department shall annually

84 .01 TRUNK HIGHWAYS 2090

TRUNK HIGHWAYS 84 .022091

(20) OBLIGATING ESTIMATED REVENU ES . . facilities to serve bus and other public massThe department is exempt from the provisions of transportation passengers All moneys granteds, 20.903 to the extent that it mayy obligate or allotted to this state as federal aid fbr, theestimated revenues from imposts on motor vehi- purposes specified in this subsection shall becles and motor vehicle owners for any immedi- expended by the department in accordance withately ensuingg period of 12 months and federal the act of congress relating to such federal aidhighway aid funds allotted to this state pursuant fundssto any applicable act of congress, which under History: 1971 c ao, rzs ; 1973 a 12; 1973 c . 243 s 82; 1975c 189; 1977 c 29 ss:918 to 924, 924,1654 (1), (8) (a), (f), 1656the law are to be appropriated to the department (43) ; 1977 c 190, 272:upon their receipt and deposit in the transporta-tion fund : 84 .011 . Who to sign contracts . The secre-

(21) MOTOR VEHICLE WEIGHING STATIONS, tart', or the secretary's designees, may sign andThe department, as a part of the improvement execute in the name of the department anyand maintenance of highways, may acquire, conveyance or any contract or agreement withconstruct and. maintain lands and facilities, in- the federal government or its departments, sub-clud ng scales or weighing stations, for weigh- divisions of the state, corporations, associations,ing, measuring or inspectingg vehicles and loads copar tnerships and individualssoperating on any public highway in the state. History: 1977 c 29Lands necessary may be adjacent or contiguousto the highway and weighing station facilities $ 4:015 Federal highway aid accepted .may be constructed and maintained upon the (1) The state of Wisconsin assents to the provi-traveledportion of the highway or any other part signs of Title 23, USC and all acts of congressthereof amendatory thereofand supplementary thereto,

(23)BRIDGE STANDARDS The department The state of Wisconsin declares its purpose and

shall adopt standards and specifications for the intent to give assent to all federal highway actsdesign and construction of county, town, village and to make provisions that will insure receiptand'city bridges, arches or culverts

. The Stan- by this state of any federal highway aids that

datds shall be developedd after consultation with have been or may be allotted to the state includ-the department of natural resources, and shall ing all increased and advanced appropriations,be directed at preventing undue impairment of and insure that such highways and related facili-

public rights in navigable waters. ties in this state as mayy be eligible to be im-

proved or constructed in accordance with any(26) COOPERATIVE AGREEMENTS . The de- suchh federal highway acts may be improved,

partment may, by agreement with the appropri- constructed and maintained in accordanceate authority of an adjoining state, arrange for therewith .. : The good faith of the state is pledgedperforming, financing and sharing of cost of to make available funds sufficient to adequatelyconstruction, maintenance and operation of any carry out such construction and maintenance,bridge of other transportation project over or (2) The department may enter into all con-upon interstate boundary waters and ap- tracts and agreements with the United Statesproaches thereto under joint jurisdiction of the relating to the construction and maintenance ofdepartment and a governmental agency of the streets and highways and related facilities underadjoining state. _ Title 23, USC and all acts amendatory thereof

(27) URBAN MASS TRANSIT sYSrEMS . To en- and supplementary thereto, submit such schemecourage the development, improvement and use or program of construction and maintenance asof public mass transportation systems operating may be required by said code or rules andmotor vehicles on highways for the transporta- regulations of the United States promulgatedtion of passengers within urbanized areas so as thereunder and do all other .r things necessaryto increase traffic :capacity, the department fully to carry out the cooperation contemplatedmay, from funds available under s: 84.03 (3) and provided for by said code :,and with county approval, acquire, construct, History : 1977 c 29 s 1654 (8) (a)reconstruct and maintain lands and facilities forthe development, improvement and use of public 84.02 State trunk highway system . (1)mass transportation systems for the transporta- DESIGNATION The system: of highways knowntion of passengers within urbanized areas in this as the trunk highway system heretofore selectedstate„ The department may encourage generally and laid out by the legislature and by theand provide, without limitation by enumeration, highway commission and by special legislativefor the construction of exclusive or preferential state trunk highway committees and approvedbus lanes, highway control, devices, bus passen- by said highway commissionn and as revised,ger loading: areas and terminal facilities, includ- alteredd and changed by and under authoritying shelters, and fringe and corridor parking vested by law in the highway commission, is

shall report the problem to the next ensuingsession of the legislature for determination .

(b) The action of any town, village or countyboard or city council discontinuing, relocatingor altering any highway on the state trunksystem shall be void unless the department ap-proves the same in writing . .

(4) GUIDEBOARDS; WARNINGS ; ROUTE

MARKING . (a) The department shall mark thehighways of the state trunk highway system andalso the connecting highways .. The markers shallbe uniform, except that the numbers thereonshall correspond with the numbers given tovarious routes by the department and found onthe, official highway maps issued by the depart-met No similar design or ma t ker shall be usedforrmarking other highway routes :

(b) No person shall mark any other highwayroutes or trails unless the route marked shallcoincide exactly with the state trunk system . . Nosuch routes shall be marked until exact descrip-tions of the routes selected for marking havebeen filed with and the routes and markingsapproved by the department :` Every route laidout and marked shall be made to conform to thestate trunk system, and the person responsiblefor thee marking of suchh route shall remove orerase such marks from every portion of suchroute which does not coincide with the statetrunk highway system . The department shallreport to the secretary of state any violations ofor failure to comply with the provisions of thissubsection, and the secretary of state shall there-upon revoke the privilege, license or incorpora-tion of the offender, and the department shallcause the offending marks to be erased, removedor destroyed . The expense of such erasure,removal or destruction shall be paid out of fundsappropriated to the department, and may berecovered in the name of the state - from theperson responsible for such unauthorizedmarking.

(c) The department shall erectand maintainsuch standard guide and warning signs andlighting as it deems necessary with in the r ight ofway along the state trunk system ; and it isunlawful to erect any lighting or display anyother guide or warning signs upon the statetrunk system, except in cases of emergency orwhen approved by the department. Any erec-tion in violation hereof ma)~'be removed by thedepartment.

(d) The department may cooperate with thePublic Roads Administration or other desig-nated agency of the federal government in for-mulating- and adopting or changing a uniformsystem of numbering, or designating highwaysof interstate character within this state, and inthe selection and erection of unifo rm danger

hereby validated and confirmed and designatedthe state trunk highwa y system but withoutprejudice to the exercise of the powe r given tochange such s ystem, and all acts by which partsof s aid system were heretofore adopted or de-cl a red to be trunk highways are confirmed andvalidated . Section 80.32 (2) does not apply tothe state trunk highway system .

(2) COUNTY LINE HIGHWAYS APPORTIONED .The apportionment heretofore made by thehighway commission of portions of the statetrunk highway sy s tem that lie on county lines ishereby r atified . The portion of such county linehighways assigned to any county shall be consid-ered as lying wholly within such county, and allthe provisions for construction and maintenanceshall apply to such portion ,just as though it laywholly w ithin the county to which assigned ..Bridges on the state trunk highwayy systemwhich span streams forming the boundary be-tween 2 counties shall be considered as lyingone-half in each county .

(3) CHANGES IN -SYSTEM, (a) Changes maybe made in the state trunk system by the depart.-ment, if it deems that the public good is bestserved by making such changes. The depart-ment, in making such changes, may lay out newhighways by the procedure . under this subsec-tion . Due notice shall be given to the localitiesconcerned of the intention to make changes ordiscontinuances , and if" the change proposes tol ay a highway via a new location and the dis-tance along such deviation from the existinglocation exceeds 2 1/2 miles, then a hearing inor, near the region affected by the proposedchange shall be held prior to making the changeeffective . Such notice shall also be given to thesecreta ry of natural resources and to the secre-tary of the board of soil and water conservationdistricts eitherr by registered mail or personally .Whenever the department decides ;o thuschange more than 2 1/2 miles of the systemsuch change shall not be effective until thedecision of the department has been referred toand approved by the county `board of eachcounty in which any part of the proposed changeis situated : A copy of the decision shall be filedin the office of the clerk of each county in whicha change is made or proposed. Where thedistance along the deviationn from the existinglocation exceeds 5 'miles the change shall consti-tute an addition to the state trunk highwaysy~Gm The preex i sting route shall continue tobe a 'state trunk highwayyunless the county boardof each county in which any part of the reloca-tion ` lies andthe department mutually agree toits discontinuance as a state trunk .- highway .Whenever such county board or boards and thedepartment cannot so agree the department


state trunk highway averages in any year 150 orless vehicles daily, the county board of thecounty wherein such state trunk highway issituated may by resolution request that such betransferred to the county trunk highway system .A copy of such resolution shall be filed with thedepartment ., If after investigation the depart-ment finds that the traffic on said state trunkhighway is as stated in said resolution, it mayorder said highway taken from the state trunkhighway system and made a county trunkhighway .,

(10) TEMPORARY ROUTES; DETOURS (a) Incase it is impracticable to maintain any portionof the state trunk highway system as laid out,pending its improvement or construction, thedepartment may designate a temporary route aspart of the state trunk highwayy system, and insuch case the temporary route shall be consid-ered part of the state trunk highway system inevery respect, except that it may not be con • •structed as a state trunk highway . .

(b) When any portion of the state trunkhighway system is impassable or dangerous totravel - or when it shall be deemed necessarybecause ofconstruction or maintenance work orfor other reasons to suspend all or part of thetravel thereon, the department may route suchtravel over a detour around such portion of thestate trunk highway system. Such detour maybe routed over, any other public highway ortemporary highway which may be improved ormaintained as part of the cost of constructing ormaintaining the state trunk highway system tothe extent necessary, as determined by the de-partment, because of such additional travel .Such routing of state trunk highway traf'f'ic over,otherr public highways shall not alter the existingstatus of such other public highways

( 'I'I ) CONNECTING HIGHWAYS. The statetrunk highway system shall not include themarked routes thereof over the streets or high-ways in municipalities which the departmenthas designated as being connecting highways „Those municipal streetss or highways so excludedas state trunk highways but marked as such anddesignatedd as connecting highways are furtherdescribed and the aids determined thereforunder s. 86 . . .32.

('I Z) STATE TRUNK SYSTEM MAPS, The de-partment shall maintain in its permanent recorda map of each county on a scale of not less thanone-half inch per mile showing the official lay-out of the state trunk highway system . Annu-ally, as soon as practical after January 1, a copyof such map, showing: the official layout of thestate trunk highway system in each county as itexisted at the close of the previous calendar year,

signals and safety devices fo r the protection anddirection of traffic.

(e) The department shall adopt a manualestablishing a uniform system of t r affic cont roldevices for use upon the highways of this st ate .The system sh all be con s istent with and , so far aspracticable, conform to cur r ent nationally rec-ognized standards for traffic control devices .

(5) MAPS. As often as it may deem neces -sary , the department shall publish maps show-ing the statee trunk highway system and suchother main highways and other features as mayseem desirable. Such maps shall be furnished tothe department of administration upon the req-uisition of the departmentt and shall be sold by itat a price to be fixed by the , depa rtment, whichprice shall be not less than cost. The departmentmay, permit the use of the , base pla tes for othermaps and publications in consideration of a fairfee for such use . The department shall make andpublish or duplicatee such maps as are requiredfor itss use, and shall publish foldedd highwaymaps of Wisconsin for free distribution to thepublic.' (6) ALTERNATE ROUTES THROUGH CITIES

AND VILLAGES . In cases where an y state trunkhighway passes near but not th rough the centralor business portion of any city or village, thedepartment may upon petition of any city orvillage designate an alternate route., throughsuch central of business portion , and shall installsuitable marking to guide travelers over suchalternate route. No such designationn shall bemade unless the department finds that publicctravel will be benefited Any such designationmay be revoked on 30 days ' notice to the city orvillage if the department finds that public travelis not benefited. Such designation shall imposeno responsibility on the state, except the cost ofmarking in the first _ instance , Such alternateroutes shall be constructed and maintained andkept clear of snow , in a condition satisfactory tothe department without expense to the state , andthedepartment may require assurances to thatteffect before making such designat ion.

( 7 ) ADDITIONS FROM COUNTY TRUNK HIGH-WAYS, Whenever the traffic on any county trunkhighway averages in any year 250 or morevehicles daily, the county board may by resolu-tion request that such county trunk highway beadded to the state trunk highway system .. Acopy of such resolution shall be filed with thedepartment. If after investigation the depart-ment finds that the traffic on said county trunkhighway meets the requirements of this subsec-tion, it may by order add said highway to thestate trunk highway system, but the total addi-tions -under t his subsection shall not exceed 500miles . Whenever the traffic on any portion of a

2093 TRUNK HIGHWAYS 84 .02

have been approved by the counties . All or anypart of any such allotment to the credit of anycounty may, with the consent of' the countyinvolved, be allocated by the department tomatch or supplement federal aid for projects onthe state trunk highway system or connectinghighways within the county to which the allot-ment is credited . $8,000,000 of'such appropria-tion shall be allotted, 40% in the ratio that thenumber of motor vehicles registered from eachcounty in the fiscal year ended the previous June30 bears to the total number registered in thestate and 60% in the ratio that the mileage ofhighways in each county, exclusive of highwaysand streets in cities and villages, bears to thetotal mileage of such highways in the stateexcept that in counties having a population of500,000 or.more, 25% of'the total mileage of allhighways and streets in cities and villages shallbe included in the eligible mileage of suchcounties and in the total mileage in the state . .'

(b) In counties where more than 60% of thestate trunk highway system is constructed andsurfaced with high type surfacing, satisfactoryto the department, such portion of the allotmentunder this subsection as thee department ap-pioves may be added to the aids provided forsuch county by s . 86 . : .30 or, used for the acquisi-tion of rights of way for and construction ofexpressways and federal aid secondary projectsin such county :

(c) Under thiss section no county shall beallotted less than $40,000 .. Allotments underthis subsection shall not lapse, but shall stand tothe credit of the county for which allotted untilexpended as provided by law : The departmentand a county board, or a county highway com-mittee when authorized by the county board,,may agree upon projects onwhich one of morefuture years' allotments for such county shall beused .. The cost of such projects to the extent soagreed may be advanced by the departmentfrom any funds available in the transportationfund, and the amounts so advanced shall bededucted from subsequent allotments under thissubsection becoming available to the credit ofthe county :

(9) IMPROVING STATE TRUNKS; LANDSCAP-ING AND ACQUIRING WAYSIDE AREAS., (a) Thatpart of the appropriation made by s . 20 .395 (3),not required for- the other purposes therein pro-vided, may be used by the department for theimprovement and traffic service of the statetrunk highway system and connecting highways,for the purchase and operationn of equipment,making surveys for locating local road mafeii=als, testing of" materials, and for other purposesprovided in this section, and to match or supple-ment federal aid for the construction, recon-struction or improvement of the federal aid,

shall be filed with the county clerk and countyhighway commissioner thereof' ..

History : 197 1 c 323 s . 27 ; 1973 c 1 85 ; 1977 c 29 ss 926,16 54 (3), (6) (b), (8) (a) ; 1977 c 272 .

Local u nit of govern ment is wi t hout j u risdic tion to unilat-erally change segment of state highway system 61 Arty Gen .26 .3 .

84.03 Federal aid ; state and local funds.(1) STATE AND FEDERAL AID . . (a) All moneysgranted. or allotted to the state of Wisconsin asfederal aid for highways and all state appropria-tions and other funds available to match orsupplement such federal aid funds and so uti-lized by the department shall be expended by thedepartment in accordance with the act of con-gress relating to such federal aid funds .

(b) Funds provided by any county, city,village or town to construct, reconstruct or im-prove any highway, street or bridge with statee orfederal aid under this chapter, shall be paid tothe department or to the state treasury as thedepartment may require and shall be expendedin accordance with s 84 06 and the federal actsrelating to such federal aid .: : The use of state orfederal aid in the construction, reconstruction orimprovementt of any highway, street or bridgenot on the state trunk highway system shall notrelieve the county, city, village or town of anyobligation to maintain such highway, street orbridge . The department may allot to any city ofthe 1st class any state and federal highway fundsto which.h such city may be entitled for thepurpose of the payment of interest, debt charges,amortization or retirement of'street or, highwaybonds issued pursuant to s . 67 .05 or other appli-cable provisions of law. Such cities may useesuch., highway funds so allotted for such pur-poses, paying interest, debt charges and costs,amortization or retirement of such bonds.

(c) On any highway, street or bridge here-after constructed, `reconstructed or improvedwith state or, federal aid under this chapter, thelocation, form and character of informational,regulatory and war-ning signs, curb and pave-ment or other markings, and traffic signalsinstalled or, placed by any public authority orother agency shall be subject to the approval ofthe department; and the department is directedto approve only such installations as will pro-mote the safe and efficient utilization of" thehighways, streets and bridges . .

(3) STATE TRUNK HIGHWAY ALLOTMENT ;COUNTY MINIMUM, (a) The appropriationsmade by s 20 . . .395 (3) (qc) shall be allotted bythe department for the construction ; reconstruc-tion and improvement of the state trunk high-way system, mass transit systems under s,. 84 ..0.1(27) and connecting highways in the severalcounties and expended by the department inaccordance with s .: 84 .06 upon projects which


and safe access thereto by pedestrians and vehi-cles, "Wayside" includes rest areas .

(d) "Overlook" means a graded terrace,often inclosed by a masonry retaining wall,located on roadside areas where favorable topo-graphic conditions provide an exceptional viewor off'-scape from the road.

(e) "Windbreak hedge" means a narrowplanting of trees or shrubs for protection againstthe drifting of snow or sand ..

(f) "Turnout" means an informal surfaced orunsui faced parking space for one or more cars ortrucks, constructed at selected locations onroadsides in open country for purposes of' restand relaxation .

(2) The department may construct andmaintain parking areas, including car pool par k-ing areas, waysides, overlooks, windbreak hedg-es, turnouts and carry on roadside improvementalong, or in close proximity with state trunkhighways . . These activities may be performedwithin highway rights of way and upon landsotherwise publicly owned or controlled, or onlands acquired in proximity therewith Thedepartment may acquire lands needed for suchpurposes .

Hi s tory: 1973.c.. 333 s 201w; 1977 c . 29 ss . 930, 931, 1654

84.05 Railroad crossing improvements .On a highway which the department has author-ity to construct and which crosses a railroad orstreet railway, if the department determinesthat the construction or reconstruction of agrade separation or the rearrangement or elimi-nation of a grade crossing or other rearrange-ment of the highway or tracks is necessary in theinterest of public safety or for convenience ofpublic travel, the department shall make a planof the construction proposed and an estimate ofthe cost thereof, including the cost of neededright of way; and shall endeavor to makee anarrangement with all persons concerned as to allmatters involved in the plan, including the por-tion of the. cost of the contemplated work whichthe persons ;, shall defray If the department isunable to contract with the persons concerned asto the distribution and payment of the cost of thework or the maintenance thereof, the depart-ment shall lay the matter before the transporta-tion commission,, and the transportation com-mission shall review the proceedings and hold ahearing thereon in accordance with ss . 195,28and 195 and shall fix the portion of the costof the construction and of the maintenancewhich is to be paid by the persons or corpora-tions'cohceined, and the portion of'the cost, if'any, to be paid by the public, which portion shallbe paid from the highway construction fundThe transportation commission shall determine

highway system, secondary or feeder roads, theelimination of hazards at railroad grade cross-ings and for any other highway purpose forwhich the state may match or supplement fed-eral aid funds pursuant to any act of congress .Where such funds are used for the improvementof the state trunk highway system or connectinghighways or to match or supplement federal aidthey shall be expended in accordance with s .84,06 and any applicable act of congress . . Anyfunds expended pursuant to this paragraph shallbe expended by the depa rtment on such projectswithin the provisions of th is paragraph, andexecuted in such manner as the department shallfrom time to time determine will best meet theneeds of' travel and best promote the generalwelfare . ' Such funds may be used f'or improve-ments, within the provisions of this parag raph,independent of or in con junction with otherfunds available for such improvements . Therequirements of any federal highway act, orregulations issued thereunder, may be met f r omsuch appr opriation

(b) In addition to the purposes provided inpat (a) there may be expended by the depart-ment a sum sufficient, not exceeding $20,000, 'for' marking highways as civil defense evacua-tion routes as requested by the secretary of localaffairs and development .

(10) IMPROVEMENT OF CONNECTING HIGH-WAYS . All connecting highways shall be con-structed' or reconstructed by the state in theesame ; manner , as portions of the state t runkhighway system . . It shall not be compulsory for'the state to construct or, reconstruct any suchhighway to a greater width than those portionsof the state trunk system connecting therewith

History: 1971 c 1 25 ; 1973 c . 243 s . 82 ; 197 7 c . 29 ss . 928,929, 1654 (1), (3), (8) (a), 1656 (43) ; 197'7 c 272;1977 c418 ss . 572, 573, 929 (55) ,.

84.04 . Roadside Improvement. (1) As usedin this section : _`

(a) "Road side improvement" means the ap-plication of the principles of landscape architec-ture to highway planning, design, location, andconstruction , 3 :

(b) "Roadside" means that portion of theright of way not occupied by surface courses,curbs, paved gutters, or paved median strips orby other highway structures .

(c) "Wayside" means an area of land adja-cent or- in close proximity to the highway, withfaci lities developed for- the convenience, com-fort, and enjoyment ' of the motoring public,these developments to include parking, sanitary,cooking, and picnicking facilities, together , withany other facility or, improvement which thedepartment deems desirable or necessary toaccommodate travelers and provide convenient


the benefits, if" any, which will inure to otherhighway s , and apportion and ch arge to the unitsof government responsible for the constructionof such other highways a fair port ion of the cost ..

History : 1977 c 29 s 1654 (8) (b), (9) (f)

84.06 Highway construction . ( 1 ) DEFINI-TIONS, PLANS . "Improvement" or "highway im-provement" as used in this section includesconstruction, r econstruction and the activities ,operations and processess incidental to building,fabricating or bettering a highway, public masstransportation system or street, but not mainte-nance. The department may prepare plans,estimatess and specifications andd undertake andperform all surveys , investigations and engineer-ing work for any highway improvement withinits jurisdiction . When provision has been madefor, the necessa ry funds for any such highwayimprovement and , if federal aid is to be utilized,when the project has been approved by theproper federal authorities , the department mayproceed as provided inthis section, with dueregard to an y applicable federal requirement or ,r egulation .

(2). BIDS, coxrxACrs ., All such highway im-provements shall be executed by contract basedon bids unless the department finds that anothermethod as, provided in sub (3) , (4) or (5)would be more feasible and advantageous . Bidsshall be advertised for in the manner determinedby the department . The contract shall beawarded to the lowest competent and responsi-ble bidder as determined by the department . If 'the bid of the lowest competent bidder , is deter -mined by the department to be in excess of theestimated reasonableevalue of the work or not inthe public interest, all bids may be rejected . Thedepartment shall , so far as reasonable,z, followuniform methods - of advertising for bids andmay prescribe and require uniform forms of bidsand contracts. The secretary shall enter into thecontract on behalf of the state. Every suchcontract is excepted from ss. 16'. 70 to 16.82,16 . 87 and 16 . 89 : Any such contract involving anexpenditure of $1 , 000 or more shall not be validuntil approval of the governor is indorsed , Thesecretary may require the . attorney general toexamineany contract and any bond submitted inconnection with the contract and report on itssufficiency of . form and execution , The bondrequired by s .. 289.14 for any such contractinvolving an expenditure of less th an $1,000 isexempt from approval by the gov e rnor and shall .be subject to approval by the secr e t ar y . Thissubsection shall also apply to contracts, withprivate contractors based on bids for mainte-nance under s. 84 .07,

(3) CONTRACTS WITH COUNTY OR MUNICI-PALITY ; DIRECT LABOR; MATERIALS. If the de-partment f inds that it would be more , feasibleand advantageous to have the improvement per-formed by the county in which the proposedimprovement is located and without bids, thedepartment may, by arrangement with thecounty highway committee of the county, enter 'into a contract satisfactory to the department tohave the work done by the county forces andequipment and in such contract may authorizethe county to purchase, deliver and store materi-als and may fix the rental rates of small tools andequipment. The contract shall be between thecounty and the state and shall not be based onbids, and may be entered into on behalf of thecounty by the county highway committee and onbehalf of the state by the secretary . Suchcontract is excepted from all provisions of chs .lb and 230 and s. 289., 14, but if the totalestimated indebtedness to be incurred exceeds$5,000 the contract shall not be valid until theapproval of the governor is indorsed . The provi-sions of this subsectionn relating,to agreementsbetween a county and the state shall also autho-rize and apply to such arrangements between acity, town or, a village and thee state .. In suchcases, the governing body of the city, town orvillage shall enter into the agreement on behalfof the municipality .

(4) SPECIAL CONTRACTS WITH RAILROADSAND UTILITIES . If an improvement undertakenby the department will cross or affect the prop-erty or facilities of a " railroad or public utilitycompany, the department may, upon findingthat it is feasible and advantageous to the state,arrange to perform po rtions of the improvementwork affecting such facilities or, property or,perform work of altering, rearranging or relo-cating such facilities by contr act with the rail-road =or public utility . Such contract shall bebetween the railroad company or publi c utilityand the state and need not be based on bids; andmay be entered on behalf of : the state by thesecretary . Every such contract is excepted fromall provisions of chs . 16 and 230 and s. 289 .14 .No such contract in which the total ;estimateddebt to be incurred exceeds $5,000 shall be validuntil the approval of the :governor, is indorsedAs used in this subsection, . "public utility"means the same as in s . 196 .01 and "railroad"means the same as in s . 195 .02 . ' "Property" asused in th i s subsection includes but is not limiteddto tracks, trestles, signals, grade crossings,rights-of-way, stations, pole lines, plants, sub-stations and other facilities . Nothing in thissubsectionn shall be construed to relieve anyrailroad or public utility from any financialobligation, expense, duty or responsibility other-wise provided by law relative to such property .


municipality, including interstate bridges, per-formed by the county or municipality, and anycounty or municipality may enter into suchcontract, General maintenance activities in-clude the application of protective coatings, theremoval and control of snow, the removal, treat-ment and sanding of ice, interim repair of high-way surfaces and adjacent structures, and allother operations; activities and processes re-quired on a continuing basis for the preservationof the highways on the state trunk system, an dincluding the care and protection of trees andother roadside vegetation and suitable plantingto prevent soil erosion or to beautify highwayspursuant to s .. 80 01 (3), and all measuresdeemed necessary to provide adequate trafficservice. Special maintenance activities includethe restoration, reinforcement, complete repairor other activities whichh the department deemsare necessary on an individual basis for- specifiedportions of thee state trunk system ..

( 'Ib) EMERGENCY REPAIR AND PROTECTIONOF STATE TRUNK HIGHWAYS.. To accomplishpromptt repair, ; protection or preservation of anystate trunk highway which has been closed or isbeing jeopardized by extraordinary damage byflood, structure failure, slides, or, other ex-traordinary condition of necessity and emer-gency, the department may, if it is deemed forthe best interest of the state, proceed at once torepair or protect the 'highway with forces andservices of private constructors and agencies,summarily engaged by the department andcause said work to be done by negotiated con-tract or agreement without calling for competi-tive bids, provided that any such contract or,agreement involving an estimated expenditurein excess of'$10,000 shall be subject to approvalof the governor before it becomes effective .

('IRI ) MASS IRANSI I SYSTEM, MAINTENANCEWhen the public mass transportation systemuses a state trunk highway, such facilities shallbe maintained by the state at state expense inaccordance withh this section ., Maintenance shallbe performed within the highway right-of-way,upon facilities and lands within the highwaycorridor, and upon such terminal and parkingfacilities as may be reasonably adjacent to thehighwayy corridor ."(Z) REPAYMENT FOR STATE WORK .. When

any county or municipality maintains the statetrunk highways within or beyond the limits ofthe county or municipality, including interstatebridges, in compliance with the arrangementwith the department, the department shall paythe actuall cost of such maintenance, includingthe allowance for materials and the use ofcounty or municipal machinery and overhead

84.07 Maintenance of state trunk high-Ways. (1) STATE EXPENSE ; WHEN DONE BYCOUNTY OR MUNICIPALITY . The state trunkhighway system shall be maintained by the stateat state expense.. The department shall prescribeby rule specifications for, such maintenance andmay contract with any county highway commit-tee or municipality to have all or certain parts ofthe work of maintaining the state trunk high-ways within or beyond the limits of the county or

2097

(5) LABOR EMPLOYED DIRECTLY BY DEPART-MENT If" the department finds that it would bemore feasible and advantageous to have theproposed improvement performed by labor em-ployed directly by the department, it shall sub-mit a written report of its findings to the gover-nor . On approval, the governor shall endorse thereport and the depa rtment may do the work bylabor , employed directly by the department, andmay rent or purchase necessary small tools orequipment .

(6) EXCESS COST Any excess in constructioncost over the funds made available for any pieceof work, shall be paid from unobligated funds asthe department may determine , and any balanceshall be credited to thee appropriation fromwhich the work was financed .

(7) INSPECTION AND PAYMENT . The depart-ment may provide for the inspection of eachpiece of work to insure its proper performance . .All indebtedness incurred under this section forany highway improvement shall be paid out ofthe available funds subject, if ' federal aid isutilized, to any applicable federal requirementor regulation .

(8) CONTRACT FOR MATERIALS, Whenever'an improvement has been determined upon andprovision has been made for- fully financing thecost the department, if it concludes that a proba-ble saving can be effected thereby, may contractfor any or all of the materials to be used in theimprovement and for the delivery and storage ofsaid materials at suitable points, and pay for thesame out of any funds available for theimprovement;

(9) CAT CATTLE PASSES . As a part ofany highwayimprovement or as a separate project under thissection, cattle passes may be constructed atplaces determined to be necessary and practical

History: 1971 c. 125 ; 1977c 29ss 932 , 1654 (8) (a); i9»c . 196 s. . 131 ; 1977 c 2 7 3.

Cross Reference: Seee 103 50 for regulation of ' hours of laborand wage rates under highway contracts based on bids under8406(2) ,`

The department of transportation may make a reevalua-tion of a bidder's prior qualification or reject the lowest bid onthe ground of irresponsibility of the successful bidder' , but, inboth instances,, notice and an opportunity for hearing on suchreevaluation must be given to the contractor , 63 Atty.. Gen . .60.

TRUNK HIGHWAYS 84.07

acquire private or public lands or interests insuch lands.. When so p rovided in the depart-ment's order, such land shall be acquired in feesimple. Unless it elects to proceed under ' sub..(3), thee department shall endeavor to obtaineasements or , title in fee simple by conveyance ofthe lands or interests required at a price, includ-ing any damages, deemed reasonable by thedepartment The instrument of conveyanceshall name the state as grantee and shall berecorded in the office of the register of deeds .The purchase or acquisition of lands or intereststherein under this section is excepted and ex-empt from s . 20.914 (1) . The department maypurchase or accept donations of remnants oftracts or parcels of land existing at the time orafter it has acquired portions of such tracts orparcels b y purchase or condemnation for trans-portation purpose s where in the judgment of thedepartment such action would assist in makingwhole the landowner, a part of whose lands havebeen taken for transport ation purposes andwould serve to minimize the over-all costs of suchtaking by the public„

(2) If any of the needed lands or intereststherein cannot be purchased expeditiously for aprice :deemedd reasonable by the department, thedepartment may acquire the same by condem-nation under ch . . 32 .

(3) (a) The department may order that allor certain parts of the required land or intereststherein be acquired by the county highwaycommittee . . . Whenn so ordered, the committeeand the department shall appraise and agree onthe maximum price, including damages, consid-ered reasonable for the lands or interests to be soacquired . The committee shall endeavor toobtain easements or title in fee simple by con-veyance of the lands or interests required, asdirected in the sdepar'tment's order . The instru-ment of conveyance shall name the county asgrantee, shall be subject to approval by thedepartment, and shall be recorded in the officeof the register of deeds and filed with the depait-ment . If the needed lands or interests thereincannot be purchased expeditiously w ithin theappraised price, the county highway committeemay acquire them by condemnation under ch .32 .

(b) Any property of whatever nature ac-quired in the name of the county pursuant to thissection or any predecessor shall be conveyed tothe state without charge by the county highwaycommittee and county clerk in the name of thecounty when so ordered by the department .

(c) The county highway committee when soordered by the department is authorized andempowered to sell and shall sell at public or-private sale, subject to such conditions andterms author ized by the department, any and all

84.08 Franchises. No franchise or permitgranted by any town or village or, city to anycorporation to use any state trunk highway shallbecome effective unless such franchise or permithas been approved by the department . Theorder of' the department shall provide for orapprove the method by which the work autho-rized by the franchise or permit is to be done orby which the highway is to be restored to itsformer condition

Histor y: 1977 c, 29 s: 1654 (8) (a),

84 .09 Acquisition of lands and intereststherein. (1) The department may acquire bygift, devise, purchase or condemnation any landsfor establishing, laying out, widening, enlarging,extending, constructing, reconstructing, im-proving and maintaining highways and othertransportation related facilities, or interests inlands in and about and along and leading to anyor, all of the same; and after establishment,layout and. completion of such improvements,the department may convey such lands thusacquired and not necessary for such improve-ments, with reservations concerning the futureuse and occupation of such lands so as to protectsuch public works and improvements and their-environs 'and to preserve the view, appearance,light, air- and usefulness of such public works ..Whenever the department deems it necessary toacquire any such lands or, interests therein forany transportation related purpose, it shall soorder and in such order or on a map or plat showthe old and new locations and the lands andinterests required, and shall file a copy of theorder and map with the county clerk and countyhighway committee of each county in. whichsuch lands or interests are required . For thepurposes of this section- the department may

84.07 . TRUNK HIGHWAYS

expenses agreed upon in advance Such pay-ments shall be made upon presentation by thecounty or municipal clerk of a properly itemizedand ver ifi ed account. The county or municipalclerk shall present such itemized accounts forgeneral maintenance work no later than onemonth following the period during which suchwork is performed .

(3) WEED CONTROL, The highway patrol-man shall destroy all noxious weeds as providedin s. 66 96 on any highway which he or shepatrols .

(4) EMERGENCY REPAIRS ; BLOCKING

srxEErs;pEiouxs Except in case of emergency,no city or village shall obstruct an y street overwhich an y state trunk highway is marked unlessit first makes arrangements with the dep artmentfor marking a detour,.

History : 1971 c. 125; 1975. c . 39 ; 19755 c .. .394 s. 27 ; . 19 '15 c .421 ; 1977 c . 29 ss 933 to 935, 1654 (8) (a) ; 1977 c . 418 ..

2098


buildings, structures, or parts thereof, a nd any out of the available improvement or mainte-other fixtures or personalty acquired in the nance funds, and members of the highway com-name of the county under this section or any mittee on an annual salary basis shall be entitledpredecessor . Any instrument in the name of the to such per diem as compensation for theircounty, transferring title to the property men- services in addition to their annual salary fixedtinned in the foregoing sentence, shall be exe- pursuant to s . 59 . . 0 .3 (3) (i) ,cuted by the county highway committee and the (5) Subject to the approval of the governor,county clerk. The proceeds from such sale shall the department may sell at public or private salebe deposited with the state in the appropriate property of whatever nature owned by the statetransportation fund and the expense incurred in and under the jurisdiction of the departmentconnection with such sale shall be paid from when the depa rtment determines that the prop-such fund erty is no longer necessary for the state's use for

(d) Section 59 07 (1) (c) shall not apply to highway purposes The department shallany conveyance or transfer made under this present to the governor a full and completesectionn report of the property to be sold, the reason for

(3m) The department may order that all or the sale, and the minimum price for which thecertain parts of" the required land or interest same should be sold, together with an applica-therein be acquired for the department by a tion for the governor 's approval of the sale . . Theboard, commission or department of the city governor shall thereupon make such investiga-within whose limits the land is located . The city tion as he or she may deem necessary andboard, commission . or department shall be cre- approve or disapprove the application Uponated or selected by the common council subject such approval and receipt of the full purchaseto the approval of the department When so price, the department shall by appropriate deedordered, the board, commission or department or other instrument transfer the property to thecreated or selected and the department shall purchaser . The approval of the governor is notappraise and agree on the maximum price, in- required forpublic or private sale of propertyeluding damages, considered reasonable for the having a fair market value at the time of sale oflands or interests to be so acquired. The city not more than $ .3,000 . . The funds derived fromboard, commission or department shall en- sales under this subsection shall be deposited indeavor to obtain easements or title in fee simple the transportation fund, and the expense in-by conveyance of' the lands or interests required, curred by the department in connection with theas directed in the department ' s order . The sale shall be paid from such funddinstrument of conveyance shall name the state (5m) Subject to the approval of the governoras grantee and shall be recorded in the office of in the manner and form provided by sub . (5),the register of deeds . If the needed lands or the department may convey lands or interestsinterests therein cannot be purchased expedi- therein acquired pursuant to this section andtiously within the appraised price, the city improvements installed thereon to municipali-board, commission or department may, subject ties within whose limits such lands or intereststo approval by the department, acquire them by therein are

located, The conveyance of saidcondemnation in the name of the state under ch . lands or interests therein and improvements32 The city attorney may act as counsel in any shall restrict the use of thee premises by theproceedings brought under authority of this municipality to the uses for which they weresubsection .. Special counsel may be employed acquired, except that said lands - or interestswith the consent of the governor ,and the secre- therein declared by the department to be excesstai y. The city , upon agreement with the depart-

ment, be so conveyed without restrictions as tomay pay for- the land or interests acquired mayfrom city funds made available for such purpose useor not otherwise app ropriated, as an advance (6) Lands held by any other state depart-subject to reimbursement by the department or merit or independent agency may, with the ap-as part of ' the city's contribution toward the cost proval of - the governor, be conveyed to the de-of' the improvement , partment in the manner prescribed by statute

(4) The cost of the lands and interests ac- and if ' none is prescribed, then by a conveyancequired and damages allowed pursuant to this authorized by appropriate order or resolution ofsection, expenses incidental : thereto and the cus- thee head , of the department or independenttomary per diem (or if' on an annual salary, a per agencyy concerned ,diem not to exceed the lawful rate permitted for (7) When transportation funds or federal aidmembers of county boards) and expenses of the are involved in f inancing an expressway projectcounty highway committee incu rred in perform- pursuant to s . 59 . 965, the department, proceed-ing duties pursuant to this section shall be paid ing under the general authority in this section,

shall not include snow and ice removal andcontrol for, bridges located on connecting high-ways, The `department may arrange with anycountyy highway committee or with any villageor city for the operation or maintenance or bothof any such bridge ; and any county highwaycommittee, village or city may enter into sucharrangement.

History: 19'71 c 125 s.. 522 (1); 1973 c . 243 s 82 ; 197'7 c .29

84 .103 Silent cross memorial highway .(1) The department shall make plans for andconstruct, in accordance with this section, abeautiful highway to be known as the "SilentCross Memorial Highway" as a living memorialto and in honor of our, soldiers, living and dead,of all wars in which the United States ofAmerica has engaged . . The highway shall con-sist of a horizontal and a vertical member. Thehorizontal member shall commence at or nearMilwaukee, following generally present 194 toMadison and thence proceed westerly, leavingthe state at La Crosse or Prairie du Chien . Thevertical member shall generally follow a routeupon or along present USH No 51, entering thestate at or near Beloit, proceeding northerlypassing near Janesville, Madison, Portage, Ste-vens Point, Wausau, Merrill and Tomahawk,extending on to a point near Trout Lake andthence northerly to the Michigan boundary.

(2) The alignment and grade of'the highwayshall be constructed to the most modern stan-dards with structures of appropriate strengthand designed with due regard to aesthetics . . Itshall, where practical to meet present and rea-sonably anticipated need for- complete trafficand driver service, consist of 'a 4-lane, double-divided concrete highway, suitably landscaped,seeded and planted, and shall include appropri-ate wayside development for emergency stopsand for rest and observation .. The economy,efficiency, safety and permanence and memo-rial quality of the highway shall be comple-mented and enhanced by complete border con-trol and restrictions to access according to thelatest and advanced standards of highwaydevelopment

(3) Carefull consideration and study shall begiven to preservation of', natural growth andbeauty, scenic development and sites for turnoutand wayside development along with and as partof complete grading, construction and plantingplans so as to provide the utmost in combining apermanent and beautiful route with the best inlocation and cross section, structural design andadequate right of way for, vehicle and driverservices .

(4) The Silent Cross Memorial Highwayshall be developed over a period of 50 years and

may order that all or certain parts of the re-quired land or interests therein shall be acquiredby the county expressway commission . . When soordered, the expressway commission and thedepartment shall appraise and agree on themaximum price, including all damages recover-able in condemnation proceedings, consideredreasonable for the landss or interests to be soacquired . The expressway commission shallendeavor ' to obtain easements or title in feesimple by conveyance of the lands or interestsrequired, to the county or the state as grantee ,all as directed in the department's order' .. Theinstrument of conveyance shall be subject toapproval by the department, and shall berecorded in the office of the register of deeds andfiled with the department . If the needed lands orinterests therein cannot be purchased expedi-tiously within the agreed appraised price, theexpressway commission may ` acquire them bycondemnation under eh . . 32, but any award bythe expressway commission in excess of theagreed appraisal price shall be subject to reviewby the department . . Forr the purposes and in themanner provided in s . 59 . 965 (5) (d) 1, when sodirected in the department's order, the express-way commission may acquire remnants, andwith the approval of the department the express-way commission may dispose of remnants andmay improve, use, maintain or lease lands andinterests acquir ed and held in trust for the stateuntil they are actually needed for expresswayconstruction„ The net proceeds of such sales orrentals shall be remitted to the state or retainedand used for expressway pu rposes when so di-rected by the department .

History : 1971 c 40 ; 1973 c. 118 s . . 7 ; 197 7 c 29 ss , 936,1654 (1), (8) (a), (b) ; 1977 c 272, 418 . .

The commission has the power to condemn lands of oneproperty owner to provide a public access road to anotherproperty owner who would otherwise be landlocked . 61 Atty. .Gen . 36 .

The highway commission may properly engage in hard-ship acquisitions under thiss section without the filing of anenvironmental impact statement under ' either federal or statelaw but must in such instances comply with the requirementsof 84 09 and 32 25 (1) 62 Atty.. Gen .. 200. .

84.10 Maintenance and operation ofbridges not on state trunks . The amountallocated therefor from s . 20 . 395 (4) (qd) shallbe expended by the department forr the mainte-nance and operation of bridges not on the statetrunk highway system which were constructed,reconstructed, or purchased under ss . 84 . . 1 ' 1 and84.12 and free bridges located in connectinghighways in cities of the 4th class which have alength, not includingg approaches, of 300 feet ormore, or a swing or lift span . All mattersrelating to the maintenance andd operation ofsuch bridges shall be under the control of' thedepartment . . Maintenance and operation shallnot include the roadway lighting system and

84.09 TRUNK HIGHWAYS 2100

finall y completed by July 1 , 1997 .. The depa r t-ment shall proceed with such development, sofar as practical, in the manner and orde rfollowing :

(a) It shall establish definitely the final loca-tion of the highway ;

(b) It shall lay out for acquisition as needed aright of way of sufficient width for ultimatedevelopment;

(c) It shall by orders regulate and restrict thelocation, shape , height, size and setback build-ing lines of buildings and other structures alongsuch location, right of way or highway and alongany natural watercourse , body of water, stream,creek or place of vantage in near proximitythereto; and it may by orders regulate andrestrict the use of land along such location rightof way or highway and the operation of vehiclesthereover. No such order shall pr ohibit thecontinued use or location of any building, struc-ture or premises existing at the time such ordertakes effect, but the alter ation of or addition toany building or structure so existing and notconforming to such order may be prohibited ,No commer cial enterprise or, activity shall beauthorized or conducted by the departmentupon any part of the property designated as apart of such highway or acquired for such pur-pose . But the department shall, in order topermit establishment of adequate fuel and otherservices for users of the highway by privateowners or their lessees, provide for access roadswithin said right of way at points which in itsopinion will best serve the public interest. Allorders made pursuant to thiss paragraph shall bereasonable and designed to promote the publichealth, safety and public welfare , Any personviolating this paragraph or any such order shallbe punished by a fine of not exceeding $500 orby imp risonment for a period not exceeding 6months or, by both such fine and imprisonment . .Compliance with this paragraph and such ordersmay be also enforced by injunctional order ' atthe suit of the department or any owner ' of realestate affected thereby .

(d) When plans are made fo r any construc-tion on the highway such plans shall provide forthe ultimatee development even though only apart thereof is to be carried out at the time ; allconstruction shall conform with the plans ofdevelopment, both as regards elevation andalignment „ Landscaping of the highway shall beconsidered and included in the plans prior to orat the time of construction and shall closelyfollow construction of the highway .

(5) Except as herein otherwise required allprovisions of law relative to the acquisition of'land for' highway purposes, highway surveys and

84.105 National parkways . (1) DEPART-MENT OF TRANSPORTATION TO COOPERATEWITH FEDERAL AGENCIES . The legislature ofthestate of Wisconsin hereby declares that theintent of this section is to assent to any act of theUnited States congress authorizing the develop-ment of any national parkway located wholly orpartly within the state of Wisconsin, to the fullextent that is necessary to secure any benefitsunder such act, provided that the hunting of'migratory waterfowl and other- game and fishingshall not be prohibited of otherwise restricted bythe United States government or any of itsdesignatedd agencies in control of said project,and to authorize the appropriate state boards,commissions, departments and the governing

2101 TRUNK . HIGHWAYS 84.105

plans establishing, laying out, widening, enlarg-ing, extending, constructing, reconstructing, im-proving, maintaining and financing of high-ways, bridges, streets and roadside parks shallapply to the acquisition of land for, the SilentCross Memorial Highway,, surveys and planstherefor, and establishing, laying out, widening,enlarging, extending, constructing, reconstruct-ing, improving, maintaining and financing of"theSilent Cross Memorial Highway and bridges,streets and roadside development in connectiontherewith .

His tory : 1977 c.. 29 ss 938, 1654 (8) (a) .

84.104 32nd Division memorial highway .In order to commemorate the 32nd InfantryDivision, alsoo known as The Red Arrow Divi-sion, which, while composed mainly of men fromWisconsin, Illinois and Michigan, brought fameand glory to these states during World Wars Iand. II by their sacrifice, . devotion and braveryand which is now established as a Wisconsinnational guard division, the department is di-rected to establish a highway memorial desig-nated route 32 by renumbering certain existinghighways linking Illinois and Michigan throughWisconsin . Beginning at the Illinois-Wisconsinstate line renumber state trunk highway 42 to apointt where it joins the present Wisconsin statetrunk highway 32 at Sheboygan; continuingover the present Wisconsin state trunk highway32 north to the junction with U .S . highway 8 atLaona; continuingg over the present Wisconsinstate trunk highway 32 north to junction withU.S, highway 45 at Three Lakes; thence northon U.S., highway 45, to Michigan-Wisconsinstate line at Land O'Lakes, The department isfurther directed that in addition to the numeral32, the highway markers on this highway carry ared arrow, and that historical markers beerected, and maintained along the highway inhonor' of the .32nd Division and its members .

Histor y: 1 .977 c 29 s . 1654 (8) (a) .

connection with such investigations as it deemsnecessary or desirable, and shall give notice ofsuch hearings by publication of a class 2 notice,under ch . 985, in the area af'f'ected .

(4) FINDING AND DETERMINATION Whenthe department has completed its investigationswith respect to any proposed national parkwaydevelopment, it shall make its findings anddetermination with respect to such proposeddevelopment. Such finding and determinationshall state whether or not such proposed na-tional parkway development is deemed advanta-geous to the state, shall include such inf'orma-tion with respect to thee development as shall benecessary to state its character and extent, andshall estimatee the cost thereofand separately,the amount and character of lands necessary tobe acquired in fee simple and in easements, withtheir cost, and needed to carry out thedevelopment.,

(5) PARKWAY TO BE STATE TRUNK HIGH-

WAY If the department, after such investiga-tions and studies, shall findd that the proposedparkway development is advantageous to thestate, it shall have full authority to perform, onbehalf of the state, each and every duty requiredof' the state by the act of the U.S. congressapplicable to such parkwayy development, inorder to secure the proposed development pro-ject for the state.. . For the purposes of suchdevelopment project, the parkway shall be aportion of the state trunk highway system . .

(6) RIGHT OF WAY AND EASEMENTS Alllands for right of way to be acquired in feesimple and all easements necessary to be ac-quired for the purposes of the proposed nationalparkway development shall be acquired by thedepartment in the name of'the state, as may berequired by the act'of'the U .S . congress applica-ble thereto . Any lands owned by the state or byany county, city, village or town, may be con-veyed to the United States, for- the purposes ofthe parkway' in the manner provided by law .The department may acquire such lands by gift,purchase agreement, or by exercising the rightof eminent domain in any mannerr that may beprovided.d by law for- the acquirement of lands f'orpublic purposes, . The department may conveysuch lands to the US . government or any of itsagencies, as may be required by the act of theU S, congress applicable to suchh nationalparkway

(7) SECTION TO BE LIBERALLY CONSTRUED ,

?ill powers granted in this section shall be liber-ally construed in favor of" the department andany proposed national parkway developmentprojects.

History : 1973 c. 333 s 201w; 1977 c 29 ss 939, 1654 (8)(a), (q), 1656 ( 43),

bodies of counties, cities, towns and villages andespecially the department of transportation tocooperate in the planning and development of allnational parkways that may be proposed fordevelopment in Wisconsin, with any agency ordepartment of the government of the UnitedStates in which is vested the necessary authorityto construct or otherwise develop such nationalparkways Whenever authority shall exist forthe planning and development of any nationalparkway, of which any portion shall be locatedin this state, it shall be the duty of the depart-ment oftransportation to make such investiga-tions and studies in cooperation with the appro-priate federal agency, and such state - boards,commissions and departments as shall have aninterest in such parkway development, ` to theextentt that shall be desirable - and necessary inorder to provide that the state shall secure alladvantages that may accrue through such park-way development and that the interests ` of thecounties, cities, villages and towns along theroute shall be conserved

(2) DEFINITIONS For the purposes of thissection, all terms applying to any parkway, suchas "secretary", "parkway", "scenic landscape","sightly or safety easement", "access", "park-way road", "-̀ parkway development", "nationalparkway", "frontage", and other or similarterms, which are defined in any act of the UnitedStates Congress applicable to such nationalparkway, shall have the meanings set forth insuch act . . The term "national parkway" as usedin this section shall mean and-include the GreatRiver Road and appurtenances thereto, as pro-vided in section 14 of P .L . 350, 83d Congress,chapter 181, 2nd session, or any other parkwayor road in Wisconsin projected in general ac-cordance with the recommended plan set fo r thin the j oint report submitted to the congressNovember 28, 1951, by the secretaries of com-met ce and interior pursuant to the act of August24, 1949 (P L 262, 81st Congress) to the endthat the department shall have authority to actwith reference to them as provided by thissection .

(3) DEPARTMENT SHALL MAKE INVESTIGA-

TIONS, The department shall have full authorityto make such investigations, surveys, studies andplans in connection with any p roposed nationalparkway or parkway ' developmentt as it shalldeem necessary or desirable in order to deter-mine if the proposed development, under theterms of the act of the United States Congressapplicable to such parkway or any regulationsunder such act, are advantageous to the state..Such parkway development may be any portionof°the proposed parkway, which it may be pro-posed to construct as a project under such act .The department may hold such hearings in

84. 105 TRUNK HIGHWAYS 2102

(3) HEARING, Within 60 days of the receiptof' a petition under sub, (2) (a) or on its ownmotion, the department shall fix a time andplace: for a hearing andd give notice of suchhearing by publication of 'a class 2 notice, under'ch.-985, in the vicinity of the proposed bridgeproject, Notice shall also be given by registeredletter addressed to the clerks of the counties,cities, villages and towns in which any part of thebridge project will be located, Such notice shallalso be given to the secretary of natural re-sources and to the secretary of the board of soiland water conservation districts either by regis-tered mail or personally . Such hearingg may beheld in any county, city, village or town in whichany part of the bridge project will be located,

(4) FINDING, DETERMINATION AND ORDER . .After such hearing the department shall makesuch investigation as it shall deem necessary inorder to make a decision in the matter . . If thedepartment shall find that the construction isnecessary it shall determine the location thereof,and if the project as so located is eligible toconstruction under this section the departmentshall determine the character and kind of bridgemost suitable for such location- and estimateseparately the cost of the bridge portion and theentire project. In the case of projects eligible toconstruction under sub . (1) (a) the departmentshall also determine the respective portions ofsuch estimated cost of the entire project to bepaid by each county, city, village and townrequired to provide any portion thereof, and theportion to be paid by the state . . The departmentshall make its finding, determination and order,in writing, and file a' certified copy thereof' withthe clerk of each county, city, village and town inwhich any portion of` the bridge project will belocated and also with thee secretary of state andthe `state treasurer ; The determination of thelocation of'the project made by the departmentand set forth in its finding, determination andorder; shall be conclusive as to such location andshalll constitute full authority for laying out newstreets or highways ' or, for any r elocations ofhighways made necessary for the construction ofthe project and for acquirement of any landsnecessary for such streets or highways, reloca-tion or construction. The estimate of cost madeby the department shall be conclusive insofar ascost may determine eligibility of constructionunder this section .

(5) APPORTIONMENT OF COST, (a) The costof projects eligible to construction under sub . .(1) (a) shall be borne as follows, but subject topar . (am) : the state shall pay one-third, thecounty or counties in which the bridge projectwill be located shall pay one-third, and the oneor more cities, villages and towns in whichh any

84.91 Intrastate bridges. (1) ELiciBCLiiY .Bridge projects shall include all approaches andembankments, all lands necessary for right ofway or other purposes, and all other necessaryappurtenances . The word "construction" asused in thiss section shall include reconstruction.The following classes of bridge projects locatedwholly within the state shall be eligible to con-struction under the provisions of this section,provided that such eligibility shall not requirethat any such project be constructed under thissection exclusively or bar any such eligible pro-jectfrom construction under any other provisionof law that may be applicable :

(a) Any bridge project not eligible under par .(b) in which the bridge portion necessarily mustbe 475. feet in length or more, not includingapproaches;

(b) Any bridge project located wholly orpar tly on the state trunk highway system or on astreet in a 4th class city, not a portion of the statetrunk highway system, but selected by the de-partment as a direct connection between por-tions of such system, provided the bridge portionnecessarily must be 300 feet or more in lengthnot including approaches, or the cost of thebridge,portion as estimated by the department inits finding and determination is $75,000 ormore, or there must be provided a movable spanto permit navigation ...

(2) INITIATION OF PROCEEDINGS , (a) Bj' SIIYcounty, city, village or town . Proceedings for theconstruction of a bridge project under sub . (1)(a) =or (b) may be initiated by a petition filedwith the department . Such petition shall statethat the petitioner desires such construction, andthe approximate location thereof, and shall fur-ther state that, in the opinion of petitioner, suchconstruction is necessary and is a bridge projecteligible to construction under this section . Suchpetition may be filed by any county, city, villageor town required to pay a portion of'the cost ofconstruction, in the case of a bridge projecteligible under sub . (1) (a), or by any county,city, village or town in which a portion of thebridge project will be located in the case of abridge project eligible to construction under sub . .(1) (b) ;,' Such petition shall be duly adopted bythe governing body of the county,, city, village oftown, and a certified copy of the adopted peti-tion shall be filed with the department,

(b) By the department. Proceedings for theconstruction of a bridge project under this sec-tion may also be initiated by the departmentstating the approximate location of such con-struction and that such construction appears tobe necessary and to be a bridge project eligibleto construction under this section


cost not otherwise paid as provided in this para-graph; provided, that if any bridge project to beconstructed under this section meets the require-ments for construction with federal aid, thedepartment may in its discretion apply federa laid to such project, in accordance with a projectagreement to be entered into with the properrepresentatives of the federal government anduse any money provided by the state or paid byany county, city, village or town to match suchfederal aid .

(6) PROVISION OF PORTIONS OF COSTS BY LO-

CAL UNITS, When the department has made andfiled its finding, determination and orderfavorable to the construction of any bridge pro-ject under this section, the governing body ofeach county, city, village and town required bysuch order to pay a portion of the cost in the caseof bridge projects eligible to construction undersub. (1) (a) shall at its next regular or specialmeeting determine the method and initiate pro-ceedings to provide such portion . Within 5 daysafter the adjournment of such meeting the gov-erning body of any such city, village or townshall cause its clerk to certify the action of suchgoverning body to the county clerk and thedepartment . Within 5 days after the adjourn-ment of such meeting of the county board thecounty clerk shall certify the action of thecounty boardto the'departmem„ The governingbody of any such county, city, village ortown, inaddition to the portion which it is by such orderrequired to pay, and the governing body of anyother county, city, village or town which will beespecially benefited by the construction of suchbridge may provide all or part of the portionwhich any county, city, villagee or town is by suchorder required to pay or which the state isrequired to pay : . In the case of projects eligibleto construction under sub .: (1) (b), when thedepartment has made and filed its findings,determination and order, favorable to such con-s tiuction, the governing body of each county,,city, village or town in which any part of theproject will be located shall take action at itsnext regular- or -;pecial meeting to determinewhat amount, if any, shall be offered and paidtowardd such construction and determine themethod and initiate proceedings to provide anyamount that shall be codetermined . Such actionshall be certified to the departmentt within 5days after, s uch meeting .

(6a)' COUNTY BOARD ncriorr . I f any city,village or town which is required by the order ofthe department to pay a portion of the cost of abridge project eligible to construction under sub .(1) (a) fai ls to comply with sub . (6) andprovide the portion of the cost which it is by suchorder required to pay, or if such city, village ortown does not hold a regular or special meeting

part of such bridge project will be located shallpay one-third, provided, that to the extent fed-eral aid for highways allocated to Wisconsin isused to f i nance any portion of the cost of theproject, the portion of the cost to be borne by thestate, counties and local governmental units,r espectively, shall be proportionately reduced .The portion to be paid by the counties shall beborne equally by the counties in which suchbridge project will be located ; provided, that nobridge project shall be considered as locatedwithin a county unless an entrance to the bridgeproper shall be wholly or partly within the limitsof such county .. If a bridge project wholly withinone county is located in more than one city,village or town, their respective portions of thecost shall be in proportion to their respectiveassessed valuations as last equalized by thecounty board prior to the date of the depart-ment's finding, determination and order . . If suchcities, villages or towns are located in more thanone county, the portion of the cost paid by allcities, villages and towns shall first be appor-tioned equally according to the number of coun-ties, and then to the cities, villages and towns ineach county in proportion to their respectiveassessed valuations as hezeinbefore provided ..

(am) For projects eligible to constructionunder sub . . (1) (a), the cost any city, village, ortown is required to pay shall be not more thanone-half of one percent of its last assessment forstate taxes made by the department of revenuepursuant to s. 70.57 prior' to the date of thedepartment's finding, determination and order' ,but any city, village or town may pay more thanthee required amount upon approval by the gov-erning body. Any amount by which the share ofany such unit exceeds such maximum shall bepaid by the state . .

(b) The cost of bridge projects eligible undersub (1) (b) shall be borne as follows : Thecounty or counties in wh ich any part of thebridge project will be located are authorized, butnott required, to pay, jointly or, severally, a totalof not more than one '-fourth ; the one or morecities, villages or towns in which any part of thebridge pr-oject will be located are authorized, butnot required, to pay, jointly or severally, a totalof not more than one-fourth. The departmentshall include in its finding, determination andorder, a statement of the amounts it shall find tobe equitable for the respective counties, cities,villages and towns to pay toward such construc-tion but such statement shalll not require anysuch county, city ; village or town to make anypayment. Any county, city, village of town may,with the approval of the department, make all ofpart of its total authorized payment by furnish-ing land necessary or suitable for use in suchbridge project . The state shall pay the entire


(a) Any bridge project not included in para-graph (b) •

(b) Any bridge project so located as to forman interstate connection between the state trunkhighway system of this state and the cox respond-ing system of the adjoining state,, and wheresuch bridge and approach in the adjoining stateis under the jurisdiction of the state highwaydepa rtment of the said state .

By(2) INITIATION OF PROCEEDINGS .. (a)

county, city, village or town . . Proceedings underthis section may be initiated by a petition f i ledwith the department by any county, city, villageor town in which a portion of ' the bridge projectwill 6e located, The petition.: shall state that thepetitioner desires such construction and the ap-proximate location thereof; and shall furtherstate that, in the opinion of petitioner, suchhconstruction is necessary and is a bridge projecteligible under' this section .. The petition shall beduly adopted by the governing body of thecounty, city, village or town and a certified copyof the petition, as adopted, shall be filed with the

' department.(b) By the department. Proceedings under

thissection mayy also be initiated by the depart-ment on its own motion stating the approximatelocation of the construction and that it appea rsto be necessary and to be a bridge proj ecteligible under, this section ,

(3) HEARING, INVES7IGrCTION AND NEGOTI-ATIONS. Within 60 days of the receipt of such apetition or on its own motion , the departmentshall fix a timee and place for a hearing . . Thedepartment shall give notice and hold the hear-ing in the manner provided by s . 84 . 11 (3) Thedepartment shall also give notice by registeredletter addressed to the transportation depart-ment of the adjoining state and to the governingbody of the county, and of the city, village ortown of the adjoining state in which any portionof thee bridge project will be located . Thedepartment may make such investigation as itdeems necessary and conduct such negotiationswith the transpo rtation department and otherauthorities in the adjoining state as it deemsadvisable

(4) " FINDING, DETERMINATION AND ORDER ..If the department finds that the construction isnecessary , and that provision has been made orwill be made by the adjoining state of its subdivi-sions to bear its or their portions of the cost ofthe project, the department, in cooperation withthe state highway department of the adjoiningstate, shall determine the location thereof, thecharacter and kind of bridge and other construc-tion most suitable at such location, estimate thecost of the project, and determine the respectiveportions of the estimated cost to be paid by each

within 30 days after the date of ' the department'sfinding, determination and order, the countyboa rd of the county in which such city, village ortown is located may take action to `provide suchportion, and to assess all or part thereof againstsuch city, village or town as a special tax, in oneor, more instalments as the county ' board deter-mines . The county clerk shall certify such tax oreach instalment thereof to the clerk of ' such city,village or town, who shall place it in the next taxroll ; and it shall be levied, collected and paid intothe county treasury as are other county taxes ..

(7) EXECUTION AND CONTROL OF WORK .

Subject to the control and supervision over thenavigable waters of the state conferred b y lawupon the department of natural resources, andthe control exercised by the United States, theconstruction under this section of any bridgeproject shall be wholly under' the supervision andcontr ol of the department The secretary shallmake and execute all contracts and have com-plete supervision over all matters pertaining tosuch construction and shall have the power tosuspend or discontinue proceedings or construe-ton relative to any bridge project at any time inthe event any county, city, village or, town fails topay the amount required of it as to any projecteligible to construction under sub,, (1) (a) oroffered by it as to any project eligible to con-struction under sub ... (1) (b), or in the event thesecretary determines that sufficient funds to paythe state's part of the cost of such bridge projectare not available. All moneys provided bycounties, cities, villages and townss shall be de-pos i ted in the state treasury, when required bythe secretar y, and paid out on order of thesecretar y . Any of such moneys deposited for aproject eligible to construct ion under sub . (1)(a) which remain in the state treasury after thecompletion of such project shall be repaid to therespective counties,: cities, villages and towns insuch amounts as to result in the distributionprovided in sub . (5) (a) and (am) . .

History : 1971 c . . 3233 s . 27; 1973 c.. .3 .36 s '78 ; 1975 c . 49 ;1977 c, 29 ss 940, 1654 (8) (a) ;

84.12 Interstate bridges . (1) ELIGIBILITY .All bridge projects whichh include bridges lo-cated over any state boundary waters shall beeligible to construction and reconstructionunder, this section, but such eligibility shall notrequire that any such .h project be constructedunder this section exclusively or bar any eligibleproject from construction under any other provi-sion of law that may be applicable . Projectsshall include all approaches and embankments ,all lands necessary for right of way or otherpurposes , and all other necessary appurte-nances . . Such bridge projects shall be classifiedas follows:


state and its subdivisions . In the case of projectseligible to construction under sub s (1 ) (a) thedepartment sha ll fu rther determine the respec-tive portions of the cost to be paid by this stateand by its subdivisions which aree required to payportions of the cost. The, department, after suchhearing, investigation and negotiations , shallmake its finding, determination and order , inwriting and file a certified copy thereof with theclerk of each county, city, village or town in thisstate in which any part of the bridge project willbe located, with the secretary of state and thestate treasurer and with the state highway de-partment of the adj oining state . . The determina-tion of the location set forth in the finding,determination and order of the department shallbe conclusive as to such location and shallconstitute fulll authority for laying out newstreets or highways or for any relocations of ' thehighways made necessary for the con s t r uction ofthe project and for acquiring lands necessary forsuch streetss or highways , relocation orconstruction:

(5) APPORTIONMENT or, COST The portionof the cost of such project to be paid by this stateand its subdivisions shall be borne as follows :

(a) The cost of projects eligible to construc-tion under , sub . (1) ' (a) to be borne by this stateand its subdivisions shall be bornee by the stateand the counties, cities, villages - and towns inwhich any part of the project in this state will belocated in the manner and proportion providedby s 84,1 1 (5) (a) and (am) ;

(b) The cost of projects eligible to construc-tion under sub , (1) (b) to be borne by this stateand its subdivisions shall be borne ' by the state;provided that such cost may be shared in themanner and proportionn provided in s . 84.11 (5)(b) by the one or more counties, cities, villagesand towns in which any part of the bridgeproject in this state will be located and by theapplication and matching of federal aid in themanner and proportion provided in s 84, 11 (5)fi b ) .

(6) PROVISION OF COSTS` BY LOCAL UNIT'S„When the department has made and filed itsfinding, determination and order favorable tothe construction of any bridge project under thissection, the governing body of each county; city,village and town of this state required by theorderr to pay a po r tion of the cost, in the case ofbridge projects eligible to construction unde r,sub. (1) (a), shall take action at its next regular -or special meeting to arrange to provide suchportion . Within 5 days after the adjournment ofsuch meeting the clerk of the governing body ofthe city;, village or town shall certify the action ofthe governing body to the county clerk and thedepartment. Within 5 days after the adjourn-ment of such meeting of the county board the

clerk shall certify the action of the county boardto the department. In the case of projectseligible to construction under sub . ( 1) (b),when the department shall have made andfiledits finding, determinationand order favorable tosuch construction, the governing body of eachcounty, city, village and town in which any partof the bridge project in this state will be locatedshall take action at its next meeting to determinewhat amount, ' if any, shall be offered and paidtoward such construction and to arrange toprovide any, amount so determined upon. Suchaction shall, be certified to the departmentwithin 5 days after any such meeting ..

(7) EXECUTION AND CONTROL OF WORK ..Subject to the controll and supervision over thenavigable waters of the state conferred upon thedepartment of natural resources, and the controlexercised by the United States, the constructionunder this section of any bridge project shall beunder , . the joint supervision and control of thedepartmentt and of the transportation depart-ment of the other state concerned If ' the trans-portation department of the other statee is not

: authorizedd to act jointly with this state in suchbridge project arrangements may be made withsuch subdivisions of the other state as may haveproper authority, represented by their properof 'f.'icers ,. Control shall be exe r cised in the man-ner deemed most expedient by the secretary andsuch department : or by the secretary and theofficers -.of the subdivisions of the other stateconcerned in the construction . Contracts for theconstruction of said .d b r idge projects may bemade and executed by the secretary and thetransportation department of the other state

,jointly,, or, jointly by the secretary and suchsubdivisions of the other state asmay participatein the construction, or by appropriate agreementbetween the parties with respect to financingand control of the work, the authority of eitherstate may contract for all, or part of the construc-tion, The secretary may suspend or discontinueproceedings or construction relative to anybridge project at any time in the event anycounty, _ city, village or town fails to pay theamount required of it as to any project elig ible toconstruction under sub .; (1) (a) or offe red by itas to any project eligible to construction undersub. (1) (b), or in the event the secretarydetermines that sufficient fundss to pay thestate's part of the cost of the bridge project arenot available . All moneyss available from thisstate, or its subdivisions, shall be deposited in thestate treasury when required by the secretaryand: shall .be paid out only upon the order : of thesecretary. Moneys deposited by such subdivi-sions which remain in the state treasury after, thecompletion of such project shall be repaid to therespective subdivisions in the proportion paid in .


available for highway construction in Wiscon-sin , Contributions shall not exceed 50 % of thetotal costs of the toll facility, but shall only bemade if' the findings of the department, asapproved by the secretary of transportation andthe governor that such contributions are for thebest interests of the economy and welfare of thisstate. .

3 . The toll bridge shalll be exempt from alltaxes assessed by this state

4 . All f i ndings and conclusions approved bythe secretary of transportation and governorshall be published by a class 1 notice, under ch985, in the official state newspaper . The find-ings and conclusions shall not be subject toadministrative review under ch . 227 and shallonly be set aside if it is determinedd by a court ofcompetent jurisdiction that there is hot substan-tial evidence to sustain the decision of the de-paitment as approved by the secretary of trans-portation and the governor .. Action to contestthe decision shall be commenced no later than30 days after the date of publication thereof .

History: 1973 c 336 s 78 ; 1977 c . 29 ss. 941, 16 54 (8) (a),1656 (43) .

84.13 Purchase of toll bridges. Any tollbridge eligible to be r econstructed as a freebridge under the provisions of section 84 11 or8412, may be purchased under such section andmade a free bridge, and the procedure in suchcase , so far as applicable, shall be the same as f 'or,the construction or reconstruction of bridges . Ifthe department is unable to agree with theowners of such tolll bridge as to purchase price ,thesaid toll bridge may be condemned, byexercising the right of eminent domain, in thefollowing manner:

(1) The department may petition the trans-portation commission to fix a time and place forpublic hearing in the matter of just compensa-tion to be paid for the taking of ' the toll bridge, asprovided by s . 197. 05, and the subsequent pioce-dure, so far as applicable, shall be as provided byss 197 OS to 197 09 . "Municipality" as used insuch sections means the department in all pro-ceedings brought under this section, and "com-mission" means the transportation commission ..Any toll bridge so purchased or acquired may belater reconstructed under thiss chapter in thesame manner as other free bridges may bereconstructed .

(2) The departmentt may enter into andconsummate agreements with the United Statesfor °the acquisitionby the United States andsubsequent transfer to this state of such tollbridge as provided by 5 Stat . 4071, 23 USC 129,as subsequently amended or supplemented fromtime to time.. Any toll bridge so acquired maybelater reconstructed under this chapter in the

(8) CONNECTION WITH STATE TRUNK HIGH-WAY sYSrEM . To carry out this section the de-partment may add to thee state trunk highwaysystem any bridge constructed or purchasedunder this section, and any road or street eligibleto become a portion of the state trunk highwaysystem, whichh will form the most reasonable andpractical connection from such bridge to thestate trunk highwayy system . In such caseslimitations on the total mileage included in thestate trunk highway system shall not apply .

(9) CONSTRUCTION OF INTERSTATE TOLL FA-CILITIES . Adjoining states may construct tollfacilities, including bridges and land cross i ngsover any state boundary waters, under the fol-lowing terms and conditions :

(a) The bridge construction authority or thestate highway authority of the adjoining stateshall petition the sec r etary that such toll bridgeconstruction is necessary because the petitioningstate lacks funds sufficient to join with this statein equally sharing the costs of ' a free bridge. Thesecretary shall thereupon cause a thorough in-vestigation of the matter to be made includingwithout limitation by enumeration : the suitabil-ity and advisability of any proposed location, thefinancial limitations of the adjoining state andthe economic effect of' the proposed bridge uponthe economy and welfare of this state .. Thedepartment shall hold a public hearing and givenotice thereof by registered letter addr' essed' tothe transportation department of the adjoiningstate and to the governing body of the county,city, village or town of ' this state and the adjoin-ing state in which any part of the bridge projectis proposed to be located ., The department shallalso publish ' a class 3 notice, under ch. 985, in theofficial state newspaper of this . state . .

(b) The department shall within 60 daysafter the conclusion of such hearing submitt afull report of findings .s and conclusions to thesecretary of transportation and the governorSuch findings and conclusions may be based onevidence secured by the department in any formand is not limited to facts determined fromevidence at the public hearing mentioned above ..If it is deter mined that it is in the best interest ofthe economy and welfare of the state that suchbridge be constructed at a location agreeable tothe depa rtment and the highway department ofthe adjoining state, and suchh determination isapproved by the secretary of transportation andthe governor, the following is authorized : ,

1 . The department is authorized to acquire allnecessary lands within this state and build,construct and maintain necessary approaches tothe bridge within this state ; :

2 The department is authorized to makecontributions or commitments out of funds

2107 TRUNK HIGHWAYS 84.13

84 .135 Purchase of interstate tollbridges . (1) The legislature intends by theenactment of this section to provide a means forthe ultimate conversion of interstate toll bridgeslocated in part in this state to free bridges .Where any portion of an interstate toll bridge ona route of a state trunk highway is locatedoutside this state, it may be acquired pursuant tothe provisions of this section in lieu of themethods of acquisition provided in section84.13 .

(2) The department, on its own initiative orupon petition adopted by a majority vote of thegoverning body of a county, town, city or village,may acquire such bridge by purchase or byexercising thee right of eminent domain in suchcourt as may have jurisdiction thereof and inaccordance with the laws applicable thereto ; or,with the consent and approval of the depart-ment, and on such terms and conditions as itmay prescribe, such right of eminent domainmay be exercised by the county, city or otherpolitical subdivision in which any part of suchinterstate toll bridge is located and revenuebonds f'or, the acquisition of such bridge out oftolls may be issued in accordance with theestatutes relating to municipal borrowing insofaras the same may be applicable . In acquiringsuch bridge the department, county, town, cityor village may proceed as provided by ch 32„

(3) Such bridge may be acquired by thedepartment subject to an agreement whereby allor part of the acquisition cost will be advanced toor later paid to the state by a county, town, cityor village in which any part of such bridge islocated, from the proceeds of revenue bonds or'other source, and the department will convey thebridge to such political subdivision . Pursuant tosuch agreement, such bridge shall be main-tained and operated by such political subdivisionfromm the date it is acquired by the state . .

(4) If, under the provisions of this section,any bridge is acquired by, or conveyed by thedepartment to a county, town, city or village,such political subdivision shall maintain andoperate the same under the direction of thedepartment, charging such tolls as may be fixedby the department. Such tolls shall be used forthe maintenance, repair and operation of suchbridge and to repay, or provide a sinking fundsufficient to amortize, within a period of not toexceed 20 years from the date of acquisitionthereof,' the acquisition cost of such bridge,including reasonable interest and financingcosts, paid by such political subdivision . . . Aftersuch cost has been repaid, or a sinking fund

84 .14 Bridge construction . (1) ORDER OFCONSTRUCTION, The department shall holdhearings on proposed bridge projects under' ss .84.11 and 84,12 in the order in which they areinitiated.. The secretary shall allot aid for theconstruction, reconstruction or purchase ofbridges and the department may undertake suchprojectss in the order the secretary deemsadvisable .

(3) PARTICIPATION IN TOWN BRIDGE CON-STRUCTION, Whenever' any municipality hasparticipated in the cost of the construction,reconstruction, or' purchase of a bridge under,section 84.11 or 84 .12, the property in suchmunicipality shall thereafter be subject to taxa-tion by the county for the construction andrepair of bridges within the county under section81,38 .

(4 ) LEGALITY OF PROCEED INGS HERETO-FORE HAD.. All bridges constructed, recon-structed or purchased pursuant to proceedingsinitiated by petitions filed with the highwaycommission prior to September 25, 1929, or bythe highway commission on its own motion,under ss„ 87 ..02, 87 .03, 87 ..04, 87 .05 or 87,055 ofthe statutes existing prior to 1929, shall beconstrued to have been constructed, recon-structed or purchased under s . 84 .11 or 84 . .12.,and shall be operated and maintained as pro-vided by s : 84 . .15 .

History: 19 7'77 c:. 29.

84.15 Bridges. (1) MAINTENANCE AND OP-ERATION OF INTRASTATE BRIDGES., All mattersrelating to the maintenance and operation ofbridges constructed, reconstructed or purchasedunder s . 84 .11 shall be under the jurisdiction andcomplete control of the department and the costof such maintenance and operation thereof'shallbe the direct obligation of' the state.. Suchportion of the approaches as may be determinedby the department shall be considered a part ofsuch bridge for, maintenance and operation pur-poses . The portion of'the approaches or highway

84.13 TRUNK HIGHWAYS

same manner as other free bridges may bereconstructed . .

History : 19 77 c 2 9 ss, 9 42, 16 5 4 .(8) ( b )

2108

sufficient f 'ot such amortization has been soprovided, title to such bridge shall revert to thestate and the bridge shall thereafter be main-tained and operated by the department free oftolls, as part of the state trunk highway system .

(5) Any acquisition costs incurred by thestate pursuant to this section shall be paid fromany funds available for the improvement of ' statetrunk highways and connecting highways . .

(6) Any such bridge may be acquired, oper-ated, maintained and r'econstr'ucted in co-operation with an adjoining state or municipal-ity thereof".

History: 1977 c 29 s , 1654 (3), (8) (a)

engineering surveys, investigations and studies,it shall find, determine and declare that theaverage traffic potential is in excess of 2,000vehicles per' 24-hour day . . Such designation of 'aportion of any state trunk highway in any countyas a controlled-access highway shall not beeffected until after a public hearing in thematter has been held in the county courthouse orother convenient public place within the countyfollowing notice by publication of a class 3notice, under ch. 985, in a newspaper publishedin the county .. If the department shall then findthat the average trafficc potential is as providedby this subsection, and that the designation ofthe highway as a controlled-access highway isnecessary in the interest of public safety, conve-nience and the general welfare, it shall make itsfinding, determination and declaration to thateffect, specifying the character of the controls tobe exercised. Copies of thee finding, determina-tion and declaration shall be recorded with theregister of'deeds, and filed with the county clerk,and published as a class 1 notice, under ch, 985,in the newspaper in which the notice of hearingwas published, and the order shall be effectiveon such publication . . Not more than 1,500 milesof highway shall be designated as controlled-access highways under authority of'this section .

(2) CONIROLLED-A CCESS . HIGHWAY DE-

FINED, For the purposes of this section, acontrolled-access highway is a highway onwhich the traffic is such that the department hasfound, determined and declared it to be neces-sary, in the interest of the public safety, conve-nience and the general welfare to prohibit en-trance upon and departure from the highway orstreet except at places specially designated andprovided for suchh purposes, and to exercisespecial controls over traffic on such highway orstreet :

(3) CONSTRUCTION; OTHER POWERS OF DE-PARTMENT, In order' to provide for the publicsafety, convenience and the general welfare, thedepartment may use an existing highway orprovide new and additional facilities for acontrolled-access highway and so design thesame and its appurtenances, and so regulate,restrict or prohibit access to or departure from itas the department deems necessary or desirable,,The department may .y eliminate intersections atgrade of controlled-access highways with ex-isting highways or streets, by grade separationor service road, or by closing off'such toads andstreets at the right-of-way boundary line of suchcontrolled-access highway and may divide andseparate any controlled-access highway intoseparate roadways or lanes by raised curbings,dividing sections or' other' physical separations or

84.25 Controlled-access highways. (1)AUTHORITY OF DEPARTMENT ; PROCEDURE . . Thelegislature declares that the effective control oftraffic entering upon or leaving intensively tiav-eled highways is necessary in the interest ofpublic safety, convenience and the general wel-fare The department is authorized to designateas controlled-access highways the rural portionsof the state trunk system on which, after traffic

2109

not considered a part of such bridge for mainte-nance and operation pu rposes as determined bythe department shall be maintained by the town,city or village in which it lies but this provisionshall not diminish or otherwise affect the duty ofthe county with respect to the county trunkhighways or the state with respect to the statetrunk highways .. Authority is given the depart-ment to carry fire of tornado insurance, or both,on bridges where such hazard exists and thepremium on such insurance shall be included asa portionn of such maintenance and operationcosts..

(2) ACROSS BAY OF GREAT LAKES, In thecase of any intrastate bridge built across a bay ofany of the Great Lakes, the maintenance undersubsection (1) of this section shall be deemed toinclude repair or , reconstruction necessitated byany accident al damage done to such bridge byvessels using such bay, or, some other catastro-phe, in which event the departmentt may use forsuch repair or reconstruction moneys availablefor the construction of such bridges .

(3) INTERSTATE BRIDGES, WISCONSIN'SSHARE, The provisions of thiss section shall alsoapply to alll interstate bridges constructed, re-constructed or purchased under the provisions ofsection 84.12 ; and the term "bridge" as used insubsection (1) of this section means Wisconsin'sportion of such interstate bridges .

History: 1977 c . 29 s.. 1654 (8) (a)

84 .20. Statee repair and maintenance ofhighways and streets . Damage to any countytrunk or town highway or city or village streetcaused by reason of its use as a detour desig-nated by the department of for hauling materi-als incident to the maintenance, repair or, con-struction by the department of any state trunkhighway or street over which a state trunkhighway is routed, shall be repaired by thedepartment,, Such highway or street shall alsobe maintained by the department during suchuse .. The cost of such repair's and maintenanceshall be paid from funds appropriated and avail-able to the department for the maintenance andimprovement of state trunk highways and con-necting highways under s . . 20,395 (3) .

Hi story: 1973 c . .33 .3 s 201w; 1977 c 29 ss 1654 (3), (6)( b ), (8) (a), 1656 ( 4.3) .


and streets any existing roads or streets , and toexercise jurisdiction over local service roads inthe . . same manner, as is authorized overcontrolled-access highways under the provisionsof this section, if, in their opinion, such localservice roads or st r eets shal l serve the necessarypurposes ..

(11) COMMERCIAL ENTERPRISES . No com-mercial enterprise shall be authorized or con-ducted within or on property acquired for ordesignated as a controlled-access highway .

(12) UNLAWFUL, USE OF HIGHWAY ; PENAL-

TIES . It shall be unlawful for any person to driveany vehicle into or f rom a contr olled- accesshighway except through an opening provided forthat purpose, Any person who violates thisprovision shall be punished by a f ine of not morethan $100 or by imprisonment for not more than30 days, or by both such fine and imprisonment .

(13) VACATING, A controlled-access high-way shall remain such until vacated b y order ofthe department , The discontinuance of all st atetrunk highway routings over a highway estab-lished as a controlled-access highway shall sum-marily vacate the control l ed-access status ofsuch section of highway only after a trafficengineer ' survey investigation and study fi nds,determines and declares that the vacating of thecontrolled-access status is in the public interestSuch vacating shall not be effected until after apublic hearing is held in the county courthouseor other convenient place within the county,following notice by publication under sub , (1)The department shall record formal notice ofany vacation of a controlled-access highwaywith the register of deeds of the county whereinsuch highway lies . When the county board, orcounty boards in the case of boundary line roads,by resolution enacted and filed with the depart-ment prior to the vacating o f a controlled-accessby the department, requests that the controlled-access highway be continued pursuant to s .83 027, then and thereafter all authority estab-lished by s . 8 .3 . 027 shall be in effect with respectto such controlled-access highway, except thatthe county need not comply with s 83 . . 02'7 (1) ;and the department shall be relieved of anyfurther authority for such controlled-accesshighway .

History: 1977 c 29 s 1654 (8) (a) .This section does not mean that once access is granted it

may not be taken away. Estoppel is seldom applied against agovernment and would not be justified under the facts .Surety Savings & Loan Asso v . State, 54 W (2d) ' 438, 195NW (2d) 464 .

84.27 Institution reads . The appropriationmade by s . 20 . . .395 (3) (wd) may be expendedfor improving highways forming convenientconnections between the university of Wiscon-sin, state universities and state charitable or

by signs, markers, stripes or other suitable de-vices, and may execute any construction neces-sary in the development of a contr olled- accesshighway including service roads or separation ofgrade structures . .

(4) CONNECTIONS BY OTHER HIGHWAYS . Af-

ter the establishment of any controlled-accesshighway, no street or highway or private drive-way, shall be opened into or connected with anycontrolled-access highway without the previousconsent and approval of the department in writ-ing, which shall be given only if' the publicinterest shall be served thereby and shall specifythe terms and conditions on which such consentand approval is given .

(5) USE OF HIGHWAY No person shall haveany right of entrance upon or departure from ortravel across any controlled-access highway, orto or from abutting lands except at places desig-nated and provided for such purposes, and onsuch terms and conditions as may be specifiedfrom time to time by the department .

(6) ABUTTING OWNERS. After the designa-tion of a controlled-access highway, the ownersor occupants of abutting lands shall have noLight or easement of"access, by reason of the factthat their property abuts on the controlled-access highway or for other reason, except onlythe controlled right of access and of light, air orview . .

(7) SPEC IAL. CROSSING PERMIT S, Wheneverproperty held under one ownership is severed bya controlled-access highway, the departmentmay permit a crossing at a designated location,to be used solely for travel between the severedparcels, and such use shall cease if such parcelspass into separate ownership . .

(8) RIGHT OF WAY . . Any lands or other pri-vate or, public property or interest in such prop-erty needed to carry out the purposes of thissection mayy be acquired by the department inthe manner provided in section 84..09 . .

(9) COOPERATIV E AGREEMENTS.. To facili-tate xhe purposes of this section, the departmentand the governing bodies of 'a city, county, townor village are authorized to enter into agree-ments with each other or with the federal gov-ernmentrespecting the financing, planning, es-tablishment, improvement,, maintenance, use,regulation or vacation of controlled-access high-ways or other public ways in their respectivejurisdictions.

(10) LOCAL SERV ICE ROADS„ In connectionwith the development of any controlled-accesshighway, the department and county, city, townor village highway authorities are authorized toplan, designate, establish, use, regulate, alter,improve, maintain, or vacate local service roadsand streets or to designate as local service roads


84.29 National system of Interstate high-ways. (1) DEPARTMENT OF TRANSPOR TATIONTO COOPERATE WIT H FEDERAL AGENCIES .. Thelegislature of the state of Wisconsin herebydeclares that the intent of this section is to .assentto acts of the United States Congress heretoforeand hereafter enacted, authorizing developmentof the national system of interstate highwayslocated wholly or partly within the state ofWisconsin to the full extent that it is necessaryor desirable to secure any benefits under suchacts and to authorize the appropriate stateboards, commissions, departments, and the gov-erning bodies of counties, cities, towns and vil-lages, and especially the department of trans-portation, to cooperate in the planning,development and construction of the nationalsystem of interstate highways that may be pro-posed for development in Wisconsin, with anyagency or department of'the government of theUnited States in which is vested the necessaryauthority to construct or otherwise develop oraid in the development of such system. When-ever authority shall exist for the planning anddevelopment of 'a national system of interstatehighways of which any portion shall be locatedin this state, it shalll be the duty of the depart-ment of transportation to make such investiga-tions and studies in cooperation with the appro-priate federal agency, and such state boards,commissions, departments and municipalities asshall have interest in such system development,to the extent that shall be desirable and neces-sary to provide that the state shall secure alladvantages that may accrue through such inter-state system development and that the interestof municipalities along such system shall beconserved .

(2) ROUTES OF INTERSTATE SYSTEM, STATEixuNx xiGxwnYS. Upon finding by the depart-ment that the development of any proposedhighway as a' route of the national system ofinterstate highways, hereinafter designated theinterstate system or interstate highways, or anyportion thereof, including the laying out, con-struction, maintenance and operation of anypail thereof as a freeway or expressway, is in thepromotion of the public and social welfare of thestate and for the benefit of public travel, thedepartment is empowered and it shall have fullauthority to lay out, construct, operate andmaintain such highway as a part of the statetrunk highway system . Except as otherwiseprovided by this section, all provisions of lawrelative to the acquisition of land for highwaypurposes and for, surveys ; plans, establishing,laying out, widening, enlarging, extending, con-structing, reconstructing, improving, .maintain-ing and financing ofother state trunk highways

84.28 State park roads. The appropriationmade by s.. 20 . 395 (3) (wd) may be expendedfor the cons t r uction , maintenance and markingof roads , including fi re roads, service areas,trailer or vehicle parking, s talls or, parking areasand other facilities consistent with highway con-struction and for the marking of scenic routes inthe state pa r ks, state forests, state fish hatche r-ies, other public used areas under the jurisdic-tion of the department of natural resources andother public lands as defined in ch . 24 , fo rhighways or fire roads leading from the mostconvenient state trunk ' highways to such lands ,and for the relocation and construction of statetrunk highways in or, near state parks whenrequired in the inte rests of public safety . . Withinthe limitations and for the purposes of thi ssection , funds may be allotted by and workperformed by or under , tthe supervision' or au-thority or with the approval of the department ,upon the request for, such work filed byy thedepartment of natural resources as to state parkor forest lands , o r the board of commissioners ofthe public lands as to other classes of publiclands . Outside the limits of the said park, stateforest and public land areas, direct connectionsto the most convenient state t runk highway maybe built or maintained under thiss section . Roadsin unincorporated areas within 5 miles of theboundaries of the Horicon national wildlife ref-uge or the Horicon . marsh wildlifee area may bebuilt or maintained under this section uponrequest of the town board, if the department oftransportation certifies that such roads are o rwill .be used by a substantial number of visitorsto such area . The expenditure of funds unde rthis section shall not affect the eligibility of anyhighway for aids or, the expenditure of other'funds thereon .

History: 14 7 1 c . 164 ; 1973 0. . 243 s.. 82; 19'15 c . 181 ; 1977 c29 ss , 1654 (8) (a), 1656 (43)

2111

penal institutions , and the state trunk highwaysystem, or to construct roadways under or over,state trunk highways that pass through thegrounds thereof, or to construct and maintain alldrives and roadways on such grounds or thegrounds of the state capitol ., Within the limita-tions and for the purposes of this section, fundsmay be allotted by and work performed by orunder the supervision or authority of the depart-ment, upon the request for such work filed by theboard of regents of the universit y . of Wisconsinsystem or the state boa rds, commissions, depart-ments or officers, respectively, as to such work inconnection with the institution cont rolled bythem . .

History : 1971 c . 100 s . 23 ; 1973 c 243 s . 82 ; 1977 c 29 ss1654 (8) (b), 1656 (43) .


the construction of and financed as a part of thecost of the interstate highway . . The departmentmay by agreement with a county or municipalityor by order summarily vacate or relocate anytown, county, city or village highway as part ofthe construction of an interstate highway butshall pay any damage legally payable underexisting law to any property owner directlyinjured by the vacation or relocation of suchstreet or highway . . The department is empow-ered to enterinto agreement with the unit ofgovernment having jurisdiction over the localhighway relocated or altered as a part of theinterstate highway improvement with respect tomaintenance thereof', and in the absence ofmutual agreement to the contrary, such relo-cated or' altered highway shall be maintained bythe unit of government having jurisdictionthereof before it was so relocated or altered,except any parts thereof which the departmentdeterminess to be useful in the operation of or foraccess to the interstate highway, which partsshall be maintained by the state as a part of theinterstate highway . . The action by the depart-ment relative to vacation and relocation or' com-bining a public highway under jurisdiction ofany county, town, city or village shall beconclusive

(6) POWER TO RELOCATE AND CLOSE HIGH-WAYS. (a) Without limiting the authority ex-tended by other provisions of this section, thedepartment is authorized on behalf of the state,to enter' into an agreement with the governingbody of any county or municipality having juris-diction over any highway and, as provided insuch agreement, to relocate any such highway orto close thesame at or near the point of intersec-tion with any interstate highway, or to makeprovision for carrying such highway over orunder the interstate highway, and may do anyand all things on such highway as may benecessary to lay out, acquire rights of way for,and build the same.

(b) No highway of any kind shall be openedinto or connected with the interstate highway bya municipality unless the department approvesthe same and fixes the terms and conditions onwhich such connection shall be made . Thedepartment may give or withhold its approval or,fix such terms and conditions as it deems willbest serve the public interest,

(7) POWERS GRANTED LIBERALLY CO N-

srRUEn.All powers granted in this section shallbe liberally construed in favor of the. state in thefur'ther'ance of the expeditious and orderly con-struction of any interstate highway project .

(8) ESTABLISHING FREEWAY STATUS. After,adoption of an order by the department layingout and establishing any portion of the interstate

(5) CONSTRUCTION OF GRADE SEPARATIONSAT INTERSECTIONS. In the furtherance of thepublic interest and general welfare of the stateand the traveling public in the development ofthe interstate system, the department is autho-rized and empowered to construct grade separa-tions at intersections of any interstate highwaywith other public highways and railroads and tochange and adjust the lines of public highwaysand if necessary combine or relocate the same toadjust traffic service to grade separation struc-tures . The entire cost of grade separations andrelocations and alterations of local roads as sodetermined by the department shall be a part of


shall apply to the interstate highways under-taken in this state ..

(3) CHANGES IN EXISTING HIGHWAYS ANDUTILITIES, It is recognized that in the construc-tion of interstate highways in this state to mod-ern standard and design, mutually agreed uponby the department and the federal agency, topromote the public and social welfare, and bene-fit public travel of ' the state, and meet the needsof national defense, it will become necessary forthe department to make or cause to be madechanges in the location, lines and grades ofexisting public highways, railroads and publicutility transmission lines and facilities .. .

(4) LAYING NEW HIGHWAYS FOR INTER-STATE SYSTEM . Upon finding and determinationby the department that it is not in the publicinterest and that it is impractical to establish theroute of the interstate system on or , alongg anexisting state trunk highway, the department isauthorized and empowered to lay out and estab-lish a new and additional state trunk highwayfor the interstate highway . As an interstatehighway may be established, laid out and con-structed on a new location as an expressway orfreeway which is not on and along an existingpublic highway , no right of access to the high-way shall accrue to or vest in any abuttingproperty owner. As an interstate highway maybe established, laid out and constructed as anexpressway or freeway on and along an existingpublic highway, reasonable provision for publichighway traffic service or access to abuttingproperty shall be provided by means of frontageroads as a part of the interstate highway devel-opment , or the right of access to or crossing ofthe public highway shall be acquired on behalf 'of the state as a part of " the interstate highwayimprovement project .. The occupation or use ofany part of an existing public highway is autho-rized for the construction of the interstate sys-tem, The action of the department relative toestablishment, layout , location or relocation of àny part of the interstate system shalll beconclusive .

2112

extending, constructing, improving, maintain-ing and financing of state trunk highways shallapply to the segments designated freeways orexpressways pursuant to this section . . . The"Hampton avenue corridor" in Milwaukeecounty shall not be designated as a freeway or,expressway under this subsection .

(4) CHANGES IN E XI S TING HIGHWAYS AND

UTILITIES. It is recognized that in thee construc-tion of freeways or expressways to modern stan-dard and design, to promote the public andsocial welfare and benefit public travel of thestate, it will become necessary for the depart-ment to make or, cause to be made changes in thelocation, lines and grades of existing publichighways, railroads and public utility transmis-sion lines andd facilities:

(4m) MU NICIPAL UTILITY RE LOCATION ;FREEWAY CONSTRUCTION (a) The state shallpay 90% of'the eligible costs of the relocation orreplacement of any municipal utility facilitiesrequired by thee construction of any freewayundertaken by the department . The af'f'ectedmunicipal utility.y shall pay the balance of suchcosts,.

(b) This subsection applies only to reloca-tions or replacements that' : .

1 I nvolve municipal utility facilities locatedon publicly held lands prior to such relocation orreplacement ;

2. Are not eligible for state reimbursementunder' any other provision of law ; and

3. Take place after July 1, 1976,(c) In administering this subsection the de-

partment shall use the same procedures andaccounting principles as are applicable to utilityrelocat ons and replacements for which full re-imbursement is required by law .

(d) In order to be eligible for, reimbursementunder this subsection, any entry upon or occupa-tion of state freeway right-of-way after reloca-tion or re placement by a me tropolitan seweragedistrictt acting under s . 66 :24 (5) (b) shall bedone in a manner acceptable to the department . .

(e) In this subsection :1 . "Eligible costs" mean the actual costss of

relocating or replacing utility facilities less the :a . . Salvage valuee of the old facilities ;b. Used life credit on the old facilities ; andc. Cost ofàny upgrading of the facilities being

replaced or relocated made solely for the benefitand at the election of the utilityy and not attribut-able to thee freeway construction .

2. "Municipall utility facilities" mean anyutility facilities owned by any town, village orcity:y or any town sanitary district establishedunder ss. 60,30 to 60.316, or under the jurisdic-tion of any metropolitan sewerage districtt estab-lished under ss ., 66 .20 to 66 .26 .

84 .295 Freeways and expressways. (1)LEGISLATIVE INTENT . In the interest of promot-ing public safety and convenience and thee gen-eral welfare, the legislature of the state of Wis-consin declares that the intent of this section isto provide for the development of a well bal-anced and integrated state trunk highway sys-tem further modernized and improved to ade-quate standards to provide needed increasedtraffic capacity, relieve the congestion on over-taxed existing highways, and otherwise moreadequately serve the present andd anticipatedfuture needs of highway travel, and toward thatend to prevent conflicting costly economic devel-opment on areas of lands to be available as rightof way when needed for future highwayconstruction.

(2) INVESTIGATIONS, SURVEYS AND ST UDIES .As a function in the improvement of state trunkhighways and connecting highways the depart-ment is authorized to make investigations,surveys and studies of the present and antici-pated needs for the improvement of` desirable,probable additions to the state trunk highwaysystem, and to otherwise carry out the expressedintent of this section .

(3) DESIGNATING FREEWAYS AND EXPRESS-

WAYS Where the department finds that thevolume and character of the traffic to be servedthereby warrant the construction or the acquisi-tion of right-of"-way for the ultimate construc-tion of a highway to accommodate 4 or morelanes for moving traffic and that such develop-ment, is in the public interest, it may by orderdesignate as freeways or, expressways segmentsof state trunk highways having currently assign-able traffic volumes in excess of 4,000 vehiclesper day., The findings, determinations and or-ders of the department under this subsectionshalll be recorded . Except as otherwise providedby this section, all provisions of law relative tothe acquisition or, dedication by subdivision plator otherwise, of land and interests in land forhighway purposes, an d relative to surveys, plans,establishing, laying out, widening, enlarging,

2113

system as an expressway or freeway, the high-way described in the order shall have the statusof a freeway or expressway for all purposes ofthis section .. Such order shall not affect privateproperty rights of' access to preexisting publichighways, and any property rights taken shall beacquired in the manne r provided by law ., Nopreviously existing public highway shall be con-verted into a freeway or exp ressway withoutacquiring by donation, purchase, or condemna-tion the right of access thereto of the owners ofabutting lands

History : 1977 c. 29 ss , 944, 1654 (8) (a), (c) ; 1977 c . 43,203 ..

TRUNK . HIGHWAYS 84.295

maintained by the unit of government having,jurisdiction thereof before it was so relocated,altered or extended, except any parts thereofwhich the department determines to be useful inoperation of or for access to the freeway orexpressway, including structures over the free-way or expressway, which parts shall be main-tained by the state as a part of the freeway orexpressway The actionn by the departmentrelative to . vacation, relocation, extensionn ofcombining of a public highway under jurisdic-tion of any county, town, city or village shall beconclusive .

(7) AUTHORITY TO RELOCATE AND CLOSEHIGHWAYS, (a) Without limiting the authorityextended by other provisions of this section thedepartment may, on behalf of the state, enterinto an agreement with the governing body ofany countyy or municipality having jurisdictionover, any highway and, as provided in suchagreement, relocate or extend any such highwayor close the same at or near the point of intersec-tion with any freeway or expressway, or makeprovision for carrying such highway over, orunder the freeway or expressway, and may doany and all things on such highway as may benecessary to lay out, acquire rights of way for,,and build the same.

(b) No highway of any kind shall be openedinto or connected with a freeway or expresswayby a municipality unless the department ap-proves the same and fixes the terms and condi-tions on which such connections shall be made .The department may give or withhold its ap-proval of fix such terms and conditions as itdeems will best serve the public interest,

(8) POWERS GRANTED LIBERALLY CON-STRUED, The provisions of this section are notrestricted by other provisions of the statutes, andall powers granted in this section shall be liber-ally construed in favor of the state in the f'urther-ance of the expeditious and orderly constructionof any freeway or expressway project and in thefurtherance of the orderly operation of a free-way or expressway designated pursuant to thissection.:1 (9) ESTABLISHING FREEWAY STATUS . After

the adoption òf' an order by the departmentlaying out and designating any portion of a statetrunk 'highway as a freeway or expressway, thehighway described in the order, shall have thestatus of a freeway or expressway for all pur-poses of this section ..' Such orders shall not affectprivate property r ights of access to preexistingpublic highways, and any property rights to betaken shall be acquired in the manner providedby law No previously existing public highwayshall be developed as a freeway or expressway

3. "Publicly held lands" include any right orinterest in real estate heldd by the state or by anycounty, city, village, town or other , body politicand corporate.

(5) DESIGNATING HIGHWAYS AS FREEWAYSOR EXPRESSWAYS . Where a state trunk highwayis established on a new location which is not onor along an existing public highway, and thestate trunk highway is designated as a freewayor expressway no rightt of access to the highwayshall accrue to or vest in any abutting propertyowner. Where a state trunk highway is on oralong any highway which is open and used fortravel and is designated as a freeway or express-way, reasonable provision for public highwaytraffic service or access to abutting propertyshall be provided by means of frontage roads asa part of the freeway or expressway develop-ment, or the rightt of access to or cr ossing of thepubl ic highway shall be acquired on behalf ofthe state as a part of the freeway or expresswayimprovement project . The occupation or, use ofany part of an existing public highway is autho-rized for the construction of a freeway or' ex-pressway. The action of the department relativeto designation, layout, location or relocation ofany part of a freeway or, expressway shall beconclusive ,

(6) CONSTRUCTION OF GRADE SEPARATIONSAT INTERSECTIONS. In the furtherance of thepublic interest and general welfare of the stateand the traveling public in the development off'r' eeways or, expressways, the department is au-thorized and empowered to construct grade sep-arations at intersections of any freeway or ex-piessway with otherr public highways andrailroads and to change and adjust the lines ofpublic highways and if necessary combine, relo-cate or extend the same to adjust traff ic serviceto grade , separation structures The entire costof grade separations and relocations alterationsor extensions of local roads as so determined bythe department shall be a partt of thee consttuc-eion of and financed as a part of the cost of thefreewayor expressway The department may byagreement with a county' or municipality or , byorder, summarily vacate or relocate any town,county, city or village highway as part of theCOT1StT ' UCYlOri of a freeway or expressway butshall pay any damage legally payable underexisting law to any property owner directlyinjured by the vacation or relocation of suchstreet or highway .. The department is empow-ered to enter into agreement with the units ofgovernment having jurisd i ction over a localhighway relocated ; altered or extended as a partof the freeway or expressway improvement withrespect to maintenance thereof, and in the - ab-sence of" mutual agreement to the contrary, suchrelocated, altered or extended highway shall be

84.295 TRUNK `HIGHWAYS 2114

without acquiring by donation, purchase or con-demnation the right of access thereto of theowners of abutting land

( 10 ) ESTABLIS HING LOCATIONS AND RIGHTOF WAY WIDTHS FOR FUTURE FREEWAYS OR EX-PRESSWAYS (a) Where, as the result of itsinvestigations and studies, the department findsthat there will be a need in the future for thedevelopment and construction of segmentss of astate trunk highway as a freeway or expressway,and where the department determines that inorder to prevent conflicting costly economicdevelopment on areas of lands to be available asrights-of-way when needed for such future de-velopment, there is need to establish, and toinform thee public of', the approximate locationand widths of rights-of-way needed, it mayproceed to establish such location and the ap-proximate widths of'righ*.s-of-way in the follow-ing manner . It shall hold a public hearing in thematter in a courthouse or other convenient pub-lic place: in or near thee region to be affected bythe proposed change, which public hearing shallbe advertised and held as are state trunk high-way change hearings. The department shallconsider and evaluate the testimony pi esented atthee public hearing . It may make a survey andprepare a map showing the location of thefreeway or expressway and the approximatewidths of the rights-of-way needed for- the free-way or expressway, including the right-of-wayneeded for traffic interchanges with other high-ways, grade separations, frontage roads andother' incidental facilities and for the alterationor relocation of existing public highways toadjust traffic service to grade separation struc-tures and interchange ramps .. The map shallalso show the existingg highways and the prop-erty lines and record owners of lands neededUpon approval of the map by the department, anotice of such action and a copy of the mapshowing the lands or interests therein needed inany county shall be filed in the office of theregister- of deeds of such county ... Notice of theaction and of the filing shall be published as aclass 1 notice, under ch . 985, in such county, andwithin 60 days after filing, notice of such filingshall be served by registered mail on the ownersof record on the date of filing . With likeapproval, notice and publications, and notice tothe affected record owners, the department mayfrom time to time supplement or change themap. .

(b) After such location is thus established,within the area of the. rights of way as shown onthe map or in such proximity thereto as to resultin consequential damages when the right of wayis acquired, no one shall erect or move in anyadditional structure, nor rebuild, alter or add toany existing structure, without first giving to the

84 .30 Regulation of outdoor advertising .(1) LEGISLATIVE F INDINGS AND PURPOSE . Topromote the safety, convenience and enjoymentof'public travel, to preserve the natural beauty ofWisconsin, to aid : in the free flow of interstatecommerce, to protect the public investment inhighways, and to conform to the expressed in-tent of congress to control the erection andmaintenance of outdoor advertising signs, dis-plays, and devices adjacent to the national sys-tem of interstate and defense highways, it ishereby declared to be necessary in the publicinterest to control the erection and maintenanceof billboards and other outdoor advertising de-vices adjacent to said system of interstate andfederal-aid primary highways and the GreatRiver Road . .

(2) DEFINITIONS. In this section, unlesss thecontext otherwise requires :

(a) "Adjacent area" means an area which isadjacent to and within 660 feet of the nearestedge of the right-of-way of any interstate orprimary highway or the Great River Road,which 660 feet distance shall be measured hori-zontally along arline normal or perpendicular tothe center line of the highway . .

(b) "Business area" means any part of anadjacent area which is zoned for business, indus-trial or commercial activities under the author-ity of the laws of this state; or not zoned, butwhich constitutes an unzoned commercial orindustrial area as defined in par . (k) . In adja-cent areas along the interstate system businessareas shall be limited to commercial or indus-trial zones within: the boundaries ofincorpoiatedmunicipalities, as those boundaries existed onSeptember 1, 1959, andd all other areas where


department by registered mail 60 days' notice ofsuchh contemplated construction, alteration oraddition describing the same, provided that thisprohibition and requirement shall not apply toany normal or emergency repairs or replace-ments which are necessary to maintain an ex-isting structure or facility in approximately itspreviously existing functioning condition ..When the right of way is acquired, no damagesshall be allowed for any construction, alterationsor additions in violation of' this paragraph .

(c) Without limiting any authority otherwiseexisting, any of ' the rights of way needed may beacquired at any time by the state or by thecounty or municipality in which such freeway orexpressway is located . If one owner's contiguousland is acquired to an extent which is less thanthe total thereof shown on the map as needed,consequential damages to the portion not ac-quired shall be allowed if found to exist . .

History : 1971 c 252 ; 1975 c 425; 1977 a 29 ss 945, 1654( 3) ; ( 8 ) ( a )

(i) "Primacy highway" means any highway,other than an interstate highway, at any timeofficially designated as a part of the federal-aidprimary system by the department and approvedby the appropriate authority of the federalgovernment .

(j) "Sign" meanss any outdoor- advertisingsign, display, device, notice, figure, painting,drawing, message, placard, poster, billboard, orother thing, which is designed, intended, or usedto advertise or, inform, any part of the advertis-ing or' informative contents of which is visiblefrom an yy place on the main-traveled way of anyportion of an interstate highway or primaryhighway .

(k) "Unzoned commercial or industrialareas" mean those areas which are not zoned bystate or local law , regulation or ordinance, andon which there is located one or more permanentstructures devoted to a commercial or industrialactivity or on which a commercial or industrialactivity is actually conducted whether or not apermanent structure is located thereon, and thearea along the highway extending outward 800feet from and beyond the edge of such activity . .Each side of the highway will be consideredseparately in applying this definition . All mea-surements`shall be from the outer edges of theregularly used buildings, parking lots, storage orprocessing and landscaped areas of the commer-cial or industrial activities, not from the prop-erty lines of the activities, and shall be along orparallel to the edge or pavement of ' the highway .

(km) "Urban area" means any area which isan urbanized area or urban place, as deter minedby the depar tment under 23 US C. 101 (a) andregulations adopted thereunder and approvedby the appropriate federal authority . Maps ofurban area boundaries shall be available forinspection at offices of the department andcopies of such maps shall be provided at cost toanyone requesting the same .

(I) "Zoned commercial or industrial areas"mean those areas which ace zoned for ' business,industry, commerce or trade pursuant to a stateor local zoning ordinance or regulation .

(3) SIGNS PROHIBIT'ED ' . No sign visible fromthe main-traveled way of any interstate ocfederal-aid highway may be erected or ' main-tained in an adjacent area after March 18, 1972,or outside the adjacent area after June 11, 1976,except the following :

(a) Directional and other of ficial signs, in-cluding, but not limited to, signs pertaining tonatural wonders, scenic and historical attrac-tions," which are required or authorized by law,and which ` comply with rules which shall bepromulgated by the department relative to theirlighting, size, number, spacing and such otherrequirements as are appropriate to implement

the land-use as of September 1, 1959, 'wasclearly established by state law as industrial orcommercial ,

(c) "Center line of the highway" means a lineequidistant from the edges of the median sepa-rating the main-traveled ways of a divided high-way, or the center line of the main-traveled wayof a nondivided highway . .

(d) "Commercial or industrial activities" for,purposes of unzoned industrial and commercialareas mean those activities generally recognizedas commercial or industrial by local zoningauthorities in this state, except thatt none of thefollowing activities shall be considered commer-cial or industrial :

1 . Outdoor, advertising structures , .2 . Agricultural, forestry, ranching, grazing,

farming and similar' activities, including, but notlimited to wayside fresh produce stands . .'

3 . Activities normally or regularly in opera-tion less than 3 months of the year .

4 . . Transient or temporary activities ..5, Activities not visible from the main-

traveled way ,6 . Activities more than 660 feet from the

nearest edge of the right-of:-way .s7: Railroad tracks and minor sidings .8 . Areas which are predominantly used for

residential purposes,(e) "Erect" means to construct, build, raise,

assemble, place, affix, attach, create, paint,draw, or in any other ' way bring into ` being orestablish ; but it does not include any of theforegoing activities when performed as an inci-dent to the change of advertising message ofcustomary maintenance of the sign structures . .

(em) "Great River Road" means any high-way of'f'iciallyy designated as part of the GreatRiver Road system by the department and ap-pr•oved by the appropriate authority of the fed-eral government Signs along the Great RiverRoad shall be regulated as are signs alongprimary highways .

(f) "Interstate highway" means any highwayat any time officially designated as a part of thenational system of interstate and defense high-ways ; by the department and approved by theappropriate authority of the federalgovernment . .

(fm) "Landmark sign" means a sign of his-toric or artistic significance, the preservation ofwhich is consistent with the purposes ' of thissection, as deter-mined by the department, in-cluding signs on farm structures or naturalsurfaces. ,

(g) "Main-traveled way" means the throughtraffic lanes exclusive of frontage roads, auxil-iary lanes and ramps :,

(h) "Maintain" means to allow to exist ..


combination thereof which encompasses the en-tire sign, including border and trim but exclud-ing supports The profile of a building isbounded by the outer edges of its structure asthey appear to an observer positioned in the areato which the sign is directed .

(d) Signs located in business areas on March18, 1971

(e) Signs to be erected in business areassubsequent to March 18, 1972 which whenerected will comply with sub . (4) ,

(f) Signs located in urban areas outside theadjacent area .

(g) Landmark signs lawfully in ex i stence onOctober, 22, 1965 . .

(h) Signs outside the adjacent area which arenot erected with the purpose of their messagebeing read from the main-traveled way of aninterstate or primary highway .

(4) SIGN CRITERIA, The department shalleffectively cont r ol or cause to be controlled, theerection and maintenance of outdoor ' advertisingsigns, displays and devices that are erected sub-sequent to March 18, ' 1972 in all business areas ..Whenever a bona fide county or local zoningauthority has made a determination of custom-ary use, as to size, lighting and spacing suchdetermination may be accepted in lieu of con-trols by agreement in the zoned commercial andindustrial areas within the geographical juris-diction of such authority. . In all other businessareas, the criteria set forth below shall apply:

(a) Size of signs shall be as follows :1 , The maximum areas fo r any one sign shall

be 1,200 square feet with a maximum height of30 feet and maximum length of 60 feet, inclusiveof any border and trim but excluding the base orapron, supports and other structural members..

2 . The areas shall be measured by the . small-est square, rectangle, triangle, circle or combi .•nation thereof' which will encompass the entiresign .

3. The maximum size limitations shall applyto each side of 'a signn structure and signs may beplaced back-to-back, side-by-side, or in V-typeconstruction with not more than 2 displays toeach facing, andd such sign structure shall beconsidered as one sign ,

(b) Signs may be illuminated, subject to thefollowing restrictions:

1 ,. Signs which contain, include, or are illumi-nated by any flashing, intermittent, or movinglight or lights are prohibited, except those givingpublic service information such as time, date,temperature, weather; or similar information . .

2 .. Signs which are not effectively shielded asto preventt beams or rays of light from beingdirected at any portion of the traveled ways ofthe interstate or federal-aid primary highwayand which are of such intensity of be illiance as to

this section, but such rules shall not be inconsist-ent with, nor more restrictive than, such nationalstanda rds as may be promulgated from time totime by the secretary of transportation of theUnited States under 23 U .S .C .. 131 (c) .

(b) Signs advertising the sale or lease ofproperty upon which they are located if suchsigns comply with rules of the department ..

(c) Signs advertising activities conducted onthe property on which they are located if suchsigns comply with applicable federal law and theJune 1961 agreement between the departmentand the federal highway administrator relativeto control of advertising adjacent to interstatehighways . . Additionally, any such sign locatedoutside the incorporated area of a city or villageshall comply with the following criteria :

1 . . An activity may be permitted one signexposure visible and designed to be read fromeach direction of travel on the interstate orprimary highway ." 2 . In addition to any sign permitted undersubd ; 1, an activity may be permitted one signexposure located on orwithin 50 feet of thebuilding in which the advertised activity is pri-marily conducted or, managed .. For, purposes ofthis subdivision, all signs located on and withinthe profile of the building in which the adver-tised activity is primal ily conducted or managedshall be considered as one sign exposure . .2m , In addition to any sign permitted under'

subds. I and 2, an activity may be permitted anynumber of signs not designed to be read from theinterstate or p r imary highway and not exceeding75 square feet in aggregate area, whose purposeis to direct or control traffic which has alreadyentered the property on which the adve rtisedactivity is conducted

3 : No sign exposure permitted under subd . 1may exceed 500 square feet in area, No signexposure permitted under subd . 2 may exceed200 square feet in area .

4 . No sign more than 50 feet from the adver-tised activity mayy be located adjacent to orwithin 500 feet of an interchange, intersection atgrade, or safety rest area of an interstate high-way or ' freeway on the federal-aid primary sys-tem, The 500 feet shall be measured along theinterstate or freeway from the beginning or,ending of pavement widening at the exit from orentrance to the main-traveled way .

5 . Distance fr om the advertised activity shallbe measured from the building in which theadvertised activity is primarily conductedd or-managed,. If there is no building, measurementsshall be made from the parking area for theactivity .. The area of a sign shall be measured bythe smallest square, rectangle, triangle, circle or


cause glare or to impair the vision of the driverof any motor vehicle, or which otherwise inter-f'ete with any driver 's operation of a motorvehicle are prohibited .

3 No sign shall be so illuminated that itinterferes with the effectiveness of', or obscuresan official traff ic sign, device, or signal .

(c) Spacing of signs shall be as follows :1 . On interstate and federal-aid .d primary

highways signs may not be located in such amannerr as to obscure, or otherwise physicallyinterfere with the effectiveness of an off i cialtraffic sign, signal, or device, obstruct or physi-cally interfere with the driver's view of ap-proaching, merging, or intersecting traffic

2 On interstate highways and freeways onthe federal-aid primary system no 2 structuresshall be spaced less than 500 feet apart . . Outsideof incorporated villages and cities, no structuremay be located adjacent to or within 500 feet ofan interchange, intersection at grade, or safetyrest area Said 500 feet shall be measured alongthe interstate or freeway from the beginning orending of pavement widening at the exit from orentrance to the main-traveled way .

3 On nonf 'seeway federal-aid primary high-ways outside incorporated villages and cities, no2 structures shall be spaced less than 300 feetapart Within incorporated villages and cities,no 2 structures shall be spaced less than 100 feetapart

4 The spacing between structures provisionsin subds. 1, 2 and 3 do not apply to structuresseparated by buildings or other obstructions insuch a manner that only one sign-facing locatedwithin the spacing distances in subds . 1, 2 and .3is visible from the highway at any one time . .

5 a . Official and on-premises signs, as de-fined in 23 U S C:, 131(c) , and structures thatare not lawfully maintained shall not be countednor shalll measurements ' be made from them forpurposes of determining compliance with spac-ing requirements .b: The minimum distances between struc-

tures shall be measured along the nearest edgeof' the pavement between points directly oppositethe signs along each side of the highway andshall apply only to structures located on thesame side of - thee highway

(d) 1 . Signs shall not be erected or main-tained which imitate or resemble any officialtraffi c sign, signal or device .2. Signs shall not be erected or maintained

upon trees, or painted or drawn upon rocks orother natural featu res, except landmark signs ..

3 . Signs' shall not be erected or maintainedwhich are structurally unsafe or in substantialdisrepair(5) NONCONFORMING SIGNS .. (a) Signs

outside of business areas which are lawfully in

existence on March 18, 1972 but which do notconform to the requirements herein are declarednonconf'orming and shall be removed by the endof the 5th year from said date .

(b) A sign lawfully erected after Match 18,1972 and which subsequently does not conformto this section shall be removed by the end of ' the5th year after it becomes nonconf'orming .

(c) Should any commercial or industrial ac-tivity, which has beenn used in def i ning or de-lineating an unzoned area, cease to operate, theunzoned area shall be redefined or redelineatedbased on the remaining activities . . Any signslocated within : the farmer unzoned area butlocated outside the unzoned area, based on itsnew dimensions, shall become nonconforming .

(d) The department shall give highest prior-ity to the removal or relocation of ' signs advertis-ing products of general availability in commer-cial channels when such signs fail to conformunder this subsection ..

(6) . Just COMPENSATION, Just compensationshall be paid upon the removal or relocation onor after March 18, 1972. . of ' any of the followingsigns which are not then in conformity with thissection :

(a), Signs lawfully in existence on March 18,1972 . .:

(b) Signs lawfully in existence on land ad-joining any h ighway made an interstate or pri-mary highway after March 18, 19 '72 ..

(c) Signs lawfully erected on or after March18, 1971

(7) MEASURE . The just compensation re-quired by sub .. (6) shall be paid for thefollowing :

(a) The taking from the owner of such sign,all right, title and interest in and to the sign andhis leasehold relating thereto, including sever-ance damages to the remaining signs which havea unity of use and ownership with the sign taken,shall be included in the amounts paid to therespective owner ' , excluding any damage to fac-tories involved in manufacturing, erection,maintenance or servicing of any outdoo r adver-tising signs or displays .

(b) The taking of the right to erect andmaintain such signs thereon from the owner ofthe real property on which the sign is located .

(8) AGREED PRICE . Compensation requiredunder subs . .. (6) and (7) shall be paid to theperson entitled thereto , If the department andthe owner reach agreement on the amount ofcompensation payable to such ownerr in respectto any removal or, relocation, the departmentmay pay , such compensation to the owner andthereby require or terminate the owner ' s rightsor interests by purchase.. If' the department andthe owner do not reach agreement as to such


(11) DEPARTMENT REMOVAL . Any signerected in an adjacent area after March 18 ,1972 , in violation of this section or the r ulespromulgated under this section, may be removedby the department upon 60 days' prior notice byregistered mail to the owner thereof and to theowner of the land on which said sign is located ,unless suchh sign is brought into conformancewithin said 60 days. No notice shall be requiredto be given to the owner of a sign whose name isnot . stated on the sign or on the structure onwhich it is displayed, or whose address is notstated thereon or is not on file with thedepartment .

(12) FEDERAL COMPLIANCE . The depart-ment on behalf of the state is authorized anddirected to seek agreement with the secretary oftransportation of ' the United States acting underthe provisions of 23 U .S C. 131, as amended ,that theprovisions of this section are in conform-ance with that federal law and provide effectivecontrol of outdoor advertising signs as set forththerein

(13) FEDERAL FUNDS, The department mayaccept any allotment of funds by the UnitedStates, or any agency thereof, appropriated tocarry out the purposes of 23 U . S .C . 131, asamended, from time to time. The departmentshall take such steps as are necessary from timeto time to obtain from the United States, or, theappropriate agencyy thereof,, funds allotted andappropriated, under 23 U . S .C 131 for the pur-poses of of'paying federal government's 75 % ofthe just compensation to be paid to sign ownersand owners of real property under 23 U .S .C . . 131(g) and this section ,

(14) DEPARTMENT xvt,ES. The departmentmay promulgate rules deemed necessary to im-plement and enforce provisions of this section .The department shall promulgate rules to re-strict the er ection and maintenance of " signs as totheir lighting, size, number andd spacing whensuch signs are visible from the highway butoutside the adjacent area.. The department shallby rule establish a priority system for- the re-moval or relocation of all signs which fail toconform under sub . . (5) and which are notcovered under sub . (5) (d), and shall submitany such rule too the legislature under s . 1,3 : 565(2) .

(15) FUNDS REQUIRED Despite any contraryprovision 'in this section no sign shall be requiredto be removed unless at the time of removalthere are sufficient funds, from whatever source,appropriated and immediately made availableto the department with which to pay the justcompensation - required and unless at such timethe federal funds, required to be contributed tothis state under 23 U . S .C . . 131 have been appro-priated and are immediately available to the

amount of compensation, the department orownerr may institute an action to have suchcompensation determined underr s . 32.05

(9) SIGN INFORMATION . On and after March18, 1972 alll signs, or structures ` on which thereare displays, shall have stated thereon the namesand addresses of the owner thereof, and the dateof its erection ; but if the addr ess of the owner ison file with the department it need not be statedthereon ..

(10) LICENSE REQUIREMENT . (a) On or afterJanuary . 1, 1972, no person shall engage or,continue to engage in the business of outdooradvertising in areas subject to this section with-out first obtaining a license therefor from thedepartment . The fee for the issuance of a licenseor for the renewal thereof shall be $230 payablein advance . . Eachh license shall remain in forceuntil the next succeeding December 31 and maybe renewed annually .

(b) Application for license or a renewalthereof' shall be made on forms to be furnishedby " the department, shall contain such informa-tion as the department requires and shall beverified under oath by the applicant of an autho-rized officer or, agent . . Renewal applicationsshall ` be filed on or before the December 1preceding the expiration date : Upon receipt ofan application containing all required informa-tion, in due form and properly executed, to-gether with any bond required by _pai (c) andupon payment of the required license fee, thedepartment shall issue a license to the applicantor renew the existing license

(c) No license to engage or, continue toengage in the business of outdoor advertisingshall be granted to any applicant who does notreside in this state or, in the case of a f 'or'eigncorporation not authorizedd to do business in thisstate' until such applicant files with the depart-ment a bond payable to the state and with asurety approved by the attorney general, in thesum of $5;000 conditioned upon the licenseeobserving and fulfilling all applicable provisionsof this section Upon default thereof the depart-ment may enforce the collection of such bond inany court of competent jurisdiction . The bondshall remain in effect so long as any obligation ofsuch licensee to the state remains unsatisfied .

(d) The department . may, after; a hearingwith 30 days' prior written notice to the licensee,revoke the license if the department finds thatthe licensee has knowingly made false state-ments in the application or is violating thissection ; Such revocation shall not become effec-tive if within 30 days after written notice of thefindings has been given to the licensee, heor shecorrects such false statement or, terminates anysuch violation .


(b) "Illegal junkyard" means a junkyardwhich is established, expanded or maintained inviolation of any statute or rule promulgatedthereunder or local ordinance .

(c) "Industrial activities" mean those activi-ties generally recognized as industrial by localzoning author ities in this state, including scrapmetal processors , except that none of" the follow-ing activities shall ' be considered industrial :

1 Agricultural, forestry, ranching, grazing,farming and similar activities, including, but notlimited to wayside fresh produce stands ..

2 . Activities normally or regularly in opera-tion less than 3 months of the year .

3 . Transient or temporary activities ..4 Activities not visible from the main-

traveled way5 Activities more than 300 feet from the

nearest edge of the right-of '-way ..6 . Railroad tracks and minor sidings .7 . Activities conducted in structures which

are principally used for residential purposes8 Junkyards, excluding scrap metal

processors(d) `Ìnterstate highway" means any high-

way at any time officially designated as a part ofthe national system of interstate and defensehighways by the department and approved bythe appropriate authority of the federalgove rnment

(e) "Junk" means any old or scrap metal,metal alloy, synthetic or organic material, orwaste, or any junked, ruined, dismantled orwrecked motor veh icle or machinery, or any partthereof

(f) " :Junkyard" means any place which isowned, maintained, operated or used for storing,keeping, processing, buying or selling , junk, in-cluding refuse dumps,, garbage dumps, automo-bile graveyards, scrap metal processors, auto-wrecking ,yards, salvage yards, auto-recyclingyards, used auto parts yards and temporarystorage of automobile bodies or parts awaitingdisposal as a normal part of a business operationwhen the business will continually have likematerials located on the premises, and sanitarylandfills ,: The definition does not include litte r ,trash, and other debris scattered along or uponthe highway, or temporary operations and out-door storage of limited duration .

(g) "Primary highway" means any highway,other than an interstate highway, at any timeofficially designated as part of the federal-aidprimary system by the department and approvedby the appropriate authority of the federalgovernment. ~~

(h) "Screened" means hidden from view in amanner compatible with the surroundingenvironment .

84.31 Regulation of Junkyards . (1) DEC-LARATION OF PURPOSE; PUBLIC NU ISANCES ., Inorder to promote the public safety, health, wel-fare, convenience and enjoyment of publictravel, to protect the public investment in publichighways, to preserve and enhance the scenicbeauty of lands bordering public highways, toattract tourists and promote the prosperity, eco-nomic well-being and general welfare of` thestate, it is declared to be in the public interest toregulate and restrict the establishment, opera-tion and maintenance of junkyards in areasadjacent to interstate and primary highwayswithin this state . All junkyards in violation ofthis section are declared public nuisances .

(2) DEFINITIONS . In this section :(a) "Automobile graveyard" means an es-

tablishment or place of business which is main-tained, used, or operated for storing, keeping,buying or selling wrecked, scrapped, ruined ordismantled motor vehicles or, motor vehicleparts . . Ten or, more such vehicles constitute anautomobile graveyard

(am) "Department" means the departmentof transportation .


state for the payment of compensation which iseligible for federal participation .

(16) SEVExASi L.ir Y . If any provision orclause of this section or application thereof ' toany person or circumstances is held invalid, suchinvalidity shall not affect other provisionss orapplications of the section which can be giveneffect without the invalid provision or applica-tion, and to this end the provisions of this sectionare declared to be severable If any portion ofthis section is found not to comply with federallaw and federal billboard removal compensationthat portion shall be void without affecting thevalidit y of other p rovisions of the section ..

(17) TRANSPORTATION FUND . . All fees col-lected for the issuance of permits provided forunder this section shall be paid into the transpor-tation fund .

(18) HEARINGS; TRANSCRIPTS . Hea rin gsconcerning sign removal notices under sub.. (11)or the denial or revocation of a sign perm i t orlicense shall be conducted before the transporta-tion commissionn as are hearings in contestedcases underr ch 227 . . The decision of the trans-portation commission is subject to judicial re-view under ch 227 .. Any person requesting atranscript of the proceedings from the commis-sion shall pay $1 per page for the transcript .

History: 1971 c 197 ; 1975 c . 340, 418 ; . 1977 c 29 ss 946,1654 (1), (8) (a) ; 197 7 c 43, 273 ; 1977 c.. 418 § . 924 (48)

Outdoor sign regulation in Eden and Wisconsin . Larsen,1972 WLR 153

Persons in the business of erecting on-premise signs aresubject to the licensing requirement of (10) (a) . 66 Atty. .Gen .. 295

2120

(b) A ,junkyard has a nonconforming statusonly to the extent that it is not in compliancewith this section or rules adopted under thissection or rules related to screening adoptedunder s 144 43 (1) at the time this section orrules adopted under it or under s.. 144.43 (1)become applicable to the junk ,yard . A junkyardretains its nonconforming status as long as it isnot abandoned, destroyed or discontinued, orextended, enlarged or substantially changed, orotherwise altered so as to be in violation of anystate statute o r rule or local ordinance. Ajunkyard is presumed to be abandoned if ' inae-tive for more than one yea r .

(c) Every nonconforming junkyard shall bescreened, relocated , removed or disposed ofwithin 5 years after it becomes nonconforming .The department shall cause nonconformingjunkyards to be screened, relocated, removed ordisposed of in accordance with this section andrules adopted under this section . .

(d) The department may contract for suchservices and acquire such property or intereststherein as are necessary to accomplish thescreening, relocation, removal or disposal of anonconforming junkyard Acquisition may beby gift, purchase, exchange or the power ofeminent domain under ch . .32. Acquired prop-erty may be sold or otherwise disposed of by thedepartment as it deems proper . Disposal ofproperty acquired under this section is not sub-ject to approval by the governor or other stateagency . .

(e) If a junkyard is screened by the depart-ment, the department shall retain title to thescreening material where practicable , but theowner and operator of the junkyard shall main-tain the screening . . Any owner or operator whofails to maintain the screening is subject to thepenalty under sub .. (6) (c),

(5) AVAILABILITY OF FUNDS .. Any other pro-vision of this section to the contrary notwith-standing, no nonconforming junkyard is re-quired to be screened, relocated, removed or,disposed of by the department unless there aresufficient state funds appropriated and availableto the department for such purposes and unlessfederal funds have been appropriated and areimmediately available to the state for the pur-pose of federal participation required under ' 23U .S C 1 .36..

(6) ILLEGAL .JUNKYARDS . . (a) If 'a junkyardis an illegal junkyard but not a nonconformingjunkyard, the department shall give the owner ' or,operator thereof notice of the illegal status of thejunkyard . The notice shall specifyy the respectsin which the ,junkyard is illegal and shalll statethat unless the junkyard is brought into compli-ance with the law within 30 days at the expenseof the owner or operator, the department shall

(i) "Scrap metal processor" means a fixedlocation at which machinery and equipment areutilized for the processing and manufacturing ofiron, steel or nonferrous metallic scrap intoprepared grades and whose principal product isscrap iron, scrap steel or nonferrous metal scrapfor sale for remelting purposes . .

(j ) "Unzoned industrial areas" mean thoseareas which are not zoned by state law or localordinance, and on which there is located one ormore permanent structures devoted to an indus-trial activity other than scrap metal processingor on which an industrial activity other thanscrap metal processing, is actually conductedwhether, or not a permanent structure is locatedthereon, and the area along the highway ex-tending outward 800 feet from and beyond theedge of such activity. Each side of the highwaywill be considered separately in applying thisdefinition .. All measurements shall be from theouter edges of the regularly used buildings,parking lots, storage or processing and land-scaped areas of the industrial activities, not fromthe property line s of the activities, and shall bealong or parallel to the edge or pavement of thehighway . .

(k) "Zoned" includes the establishment ofdistricts without restrictions on use .

(I) "Zoned industrial area" means any areazoned industrial by a state law o f localordinance .

(3) JUNKYARDS; PROHIBITION ; EXCEPTIONS.No person may own, establish, expand or main-tain a junkyard, any portion of which is within1,000 feet of the nearest edge of the right-off '-wayof any interstate or primary highway, except thefollowing :

(a) Those which are not visible from themain-traveled way of an interstate or primaryhighway. ..

(b) Those which are screened so as not to bevisible from the main-traveled way of an inter-state or prima ry highway ,.

(c) Thosee which are located in a zoned orunzoned industrial area .

(4) NONCONFORMING JUNKYARDS; SCREEN-ING; REMOVAL, (a) A nonconforming junkyardis any junkyard which :

1 ., Was lawfully established and maintainedprior to June 11, 19766 but which does notcomply with this section or rules adopted under 'this section . A junkyard shall be considerednonconforming under ' this section even if it wasmaintained in violation of rules related toscreening adopted under' s . 144, 43 (1) . .

2 . Is lawfully established on or after June 11,1976, but which"' subsequently does not complywith this section or rules adopted under thissection.


for all expenses, including administrative ex-penses, incurred by the other state agency inconnection with h the screening, relocation, ie-moval or disposal of',junkyards under the author-ity assigned to the other state agency . .

(9) OTHER L .nws . . Nothing in this sectionshall be construed to abrogate or affect any lawor ordinance which is more restrictive than thissection. The provisions of this section are inaddition to and do not supersede the require-ments under ss . 59 .07 (38), 144.43 to 144 44,175 .25 and 218 :20 to 218 . .2 .3, or rules or ordi-nances adopted, thereunder, which apply to junk-yards. Provisions of this section apply to anyjunkyard licensed or permitted by a local unit ofgovernment or another state agency .Historgi 1975 c 340 ;197'7 a; 29 ss ; 947, 1654 (8) (a), 1656

(43) ;-1977 c : 377 s . 30.

84 .40 Department ; relation to nonprofitcorporations. (1) As used in this section,unless the context requires otherwise :

(a) "Existing highways and other improve-ments," in relation to any conveyance, lease or,sublease made under sub . (2) (a), (b) and (c),means any portion of the national system ofinterstate and defense highways in this state,including all bridges, tunnels, overpasses, under-passes, interchanges, lighting, approaches, sign-ing, weighing stations, administration, storageand other buildings, facilities of appurtenanceswhich in the judgment of the department areneeded or useful for, interstate highway pur-poses, and all improvements and additionsthereto which were erected, constructed or in-stalled prior- to the makingg of such conveyance,lease or sublease..

(b) "New highwayss and other improve-ments," in relation to any conveyance, lease orsublease made under sub . (2) (a), (b) and (c),means anyy portion of the national system ofinterstate and defense highways in this state,including all bridges, tunnels, overpasses, under-passes, interchanges, lighting, approaches, sign-ing, weighing stations, administration, storageand other buildings, facilities or, appurtenanceswhich in the judgment of the department areneeded or useful for- interstate highway pur-poses; and all improvements and additionsthereto or, to existing interstate highways andother, 'improvements which are erected, con-structed or installed after the making of suchconveyance, lease or sublease .'

(c) "Nonprofit-sharing corporation" meansa nonstock corporation which was in existenceon May 1, 1967 and was organized under ch.181 or corresponding prior general corporationlaws. P

(2) In order to provide new highways orimprove existing highways and to enable the

take one or more of the courses of action autho-rized in par ' . . (b) . The notice shall inform theowner or operator thatt if he or she requests ahearing on the matter in writing within the 30-day period, a hearing shall be conducted by thetransportation commission under, s . 227.07 . Re-quests for- hear i ngs shalll be served on the depart-ment and the transportation commission .

(b) If' the owner or operator of a junkyard isgiven notice under par. (a) and does not bringthe ,junkyard into compliance within 30 days anda hearing is not requested, or does not br ing thejunkyard into compliance after a hearing on thematter and a determination that compliance isrequired, the department may, in addition to anyother remedies available under law :

1 . Petition a court of appropriate jurisdictionto, and such court shall, issue an order compel-ling compliance.

2r Enter upon the land where the junkyard islocated and relocate, remove or dispose of thejunkyard and collect the cost of relocation,removal or disposal from the owner or operatorof the junkyard, who shall be jointly and sever-ally liable for such costs .

3. Request the district attorney to commencean action to collect the forfeiture under par . (c) . .

(c) Any person who owns, establishes or-maintains a junkyard in violation of this sectionor any rule adopted under this section and whichis not a nonconforming j unkyard may be re-quired to forfeit not less than $25 nor more than$1,000 for each of'f'ense.. Each day in violationconstitutes a separate offense ..

` (7) RULES The department may adopt rulesto accomplish the purposes of this section and tocomply with the requirements of 23 U .S .C . 136,as amended, and rules and guidelines adoptedthereunder, In interpreting this section, thedepartment may be guided by federal law andinterpretations approved by appropriate author-ities of the federal government..

(8) AGREEMENTS . (a) The depa rtment mayenter into agreements with the designated au-thority of the federal government relating to thecontrol of junkyards and may take such actionas is necessary to comply with the terms of suchagreements,

(b) The department " and another stateagency may enter into agreements for the pur-pose of assigning to the other state agency theresponsibility for the administration of this sec-tion and rules adopted under this section . . To theextent responsibility for administration is as-signed to the other agency under such agree-ments, the other state agency shall have thesame powers and duties conferred on the depart-ment' under this section . The department shallreimburse the other state agency from the ap-propriation under s.. 20395 (3) (sd) and (sx)


(g) May pledge and assign, subject to avail-able appropriations, all moneys provided by lawfor the purpose of the payment of rentals pursu-ant to leases and subleases entered into underpar. (c) as security for the payment of rentalsdue and to become due under any lease orsublease of such highways and other improve-ments made under par . (c) .

(h) 'Shall, upon receipt of notice of anyassignment by any such corporation of any leaseor sublease made under par : (c), or of any of itsrights under' any such lease or sublease, recog-nize and give effect to such assignments, and payto the assignee thetèof'rentals or other paymentsthen due or which may become due under anysuch lease or sublease which has been so as-signed by such corporation .

(i) May purchase and acquire from suchnonprofit-sharing corporation any right of wayavailable for highway purposes and any newhighwayss and other improvements for whichleases and subleases have been executed pursu-ant to par. (c) upon such terms and conditionsas the department deems in the public interest .

(3) All lease and sublease agreements exe-cuted under this section and all contracts en-tered into pursuant- to the lease and subleaseagreementss shall be processed, governed by andperformed in accordance with all applicablestatee and federal laws and regulations . Sections66 ..29, 84 . .015, 84 03 and 84 06 are applicable toall contractual instruments for the constructionof highway projects subject to lease and subleasein the same mannerr as they are applicable to thedepartment.

(4) All conveyances, leasess and subleasesmade under this section shall be made, executedand deliver ed in the name of the department andsigned by the secretary of the secretary'sdesignees .

Hi s t or y : 1977 c 29 ss 948, 1654'(8) (a) .

54.41 State liability ; applicable laws ; taxexemption; securing of federal aids . (1 )LIABILITY .OF STATE The state shall be liable foraccrued rentals and f'or any other default under'any lease or sublease executed under s 84 40and may be sued therefor on contract as in othercontract actions pursuant to ch 285, but it shallnot be necessary f'or the lessor under any suchlease or sublease or any assignee of'such lessor orany person or other legal, entity on behalf of'suchlessor to file any claim with the legislature priorto the commencement of any such action .. How-ever, the corporation or bondholders may notreenter, or take possession of the highway land,easements or structures by reason of any defaultin the payment of rent or for any other reason,

construction and financing thereof', to refinanceany indebtedness created by a nonprofit corpo-ration for new highways or making additions orimprovements to existing highways located onpublic right of way available for highway pur-poses or on lands owned by the nonprofit corpo-ration, or for any one or more of said purposes,but for- no other purpose unless authorized bylaw, the highway commission :

(a) May sell and convey to a nonprofit-sharing corporation any public right of wayavailable for, highway purposes and any existinghighways or other ' improvements ther eon ownedby the state or under the jurisd i ction of thedepartment for such consideration and uponsuch terms and conditions as the departmentdeems in the public interest..

(b) May lease to anonprofit-sharing corpo-ration, fbr te rms not exceeding 30 years each,any public right of way available for highwaypurposes and any existing highways or improve-merits thereon owned by the state or under thejurisdiction of the ;department upon suchh terms,conditions and rentals as the department deemsin the public interest .

(c) May lease oi' sublease from suchnonprofit-sharing corporation, and make avail-able for public use, any such public right of wayavailable for highway purposes and existinghighways and other improvements conveyed orleased to such corporations under pans. (a) and(b), and any new highways or other improve-ments constructed upon such publicright of wayavailable forhighway purposes or upon anyother land owned by such corporation, uponsuch terms, conditions and rentals, subject toavailable - appropriations, as the departmentdeems in the public interest . With respect to anyproperty conveyed to such corporation underpar . . (a), such lease from such cor poration maybe subject or subordinated to onee or more mort-gages,af such property granted by suchcorporation

(d) Shall enter into lease and sublease agree-ments under par . (c) fbr highway projects onlywhen the projects meet the department's stan-dard specifications for road and bridge con-struction and when arrangements are made thatall construction be under ' the direct supervisionof the department .

(e) May establish, operate and maintainhighways and other improvements leased orsubleased under par. (c)

(f) Shall submit the plans and specificationsfor all such new highways or other improve-merits and all conveyances, leases and subleasesand purchase agreements made under this sub-section to the'governor -f"ar- approval before theyare finally adopted, executed and delivered .

212.3 TRUNK HIGHWAYS 84.4 1

proposed Bay freeway and no funds shall be usedfor, the "Augusta Bypass" project in Eau Clairecounty .. Nothing in this section shall be con-strued so as to allow the redevelopment of statetrunk highway 83 in Washington and Waukeshacounties .. U.S, numbered highway 16 fromTomah to the interchange with 1-90 east ofSparta shall be retained as part of the statehighwayy system in the same route as in use onNovember 1, 1969 .. The improvement projectfor state trunk highway 23 from Sheboygan toFond du Lac shall be undertaken as swiftly aspracticable .

(3) It is the intent of the legislature that statedebt not to exceed $15,000,000 shall be incurredfor the acquisition, construction, reconstruction,resurfacing, development, enlargement or im-provement of the connecting highway facilityknown as-the. 27th Street viaduct in Milwaukeecounty,.

His tory : 1971 c . 40, 202, 264, 307; 1973 c 90 ; 19'17 c . . 29 .

84.52 Construction of intrastate and In-terstate'briclges. (1) The secretary, with theapproval of the governor and subject to thelimits of s . 20,866 (2) (ug), may direct thatstate debt be contracted for the construction ofbridges as set forth in sub . (2) and subject to thelimits set therein . . Said debts shall be contractedin accordance' with ch . 18 .

`(2) It is thee intent of the legislature that statedebt not to exceed $46,849,800 may be incurredfor the construction or reconstruction of intra-state bridges as provided by s . 84, 11 and inter-state bridges as provided by s .. 84 ..12 . . Construc-tion under this subsection shall be in accordancewith the bridge needs of the state as determinedin the biennial budget and annual review bills, .

History: 1973 c . 333 ; 1977 c . 29

84 .53 Matching of federal aid . (1) Thesecretary with the approval of the governor,subject to the limits of s . 20,866 (2) (ut), maydirect that state debt be contracted for thematching of federal aid as set forth in sub . . (2)and subject to the limits set therein . . Said debtshall be contracted in accordance with ch . 18 . .

(2) It is the intent of'the`legislature that statedebtnot to exceed $10,000,000 may be incur'r'edfor the purpose of matching federal aid for theeconstruction of highway facilities ..

History: 1973 c 333; 1977 c 29

84 .60 Bikeways. (1) In this section :(a) "Bikeway" means a public path, trail,

lane of other way, including structures, tra fficcontrol devices and relatedd support facilities andparking areas, designated for use by bicycles andother vehicles propelled by human power' .. Theterm also includes "bicycle lane" as defined in s .

(2) APPLICATION OF STATE LAWS .. All laws ofthis state including those pertaining to the regu-lation of motor vehicles and highways, shallapply to the proj ects subject to lease and sub-lease executed under s . 84,40

(3) EMPLOYMENT REGULATIONS, Employ-ment regulations set forth in s . 10 .3 . . 50 pertain-ing to wages and hours shall apply to all p rojectsconstructed under, s . 84 . 40 in the same manneras such laws apply to projects on other statehighways . Where applicable , the federal wagesand hours law known as the Davis .• Bacon actshall apply,

(4) CONTRACTOR'S LIENS; PERFORMANCEAND PAYMENT BONDS . The provisions of s,289.15 pertaining to contractor's liens and re-lated matters, and s. 289 .14 relating to perform-anceand payment bonds , shall apply in the samemanne r as such law applies to other state high-way construction projects .

(5) TAX EXEMPTION . All lands leased and re-leased under any approved ' project shall be ex-empt from taxation . .

(6) No STATE DEBT CREATED., Nothing con-tained in this section or s, 84.40 shall create adebt of the state .

(7 ) SECURING OF FEDERAL AIDS . The depart-ment shall do all things necessary to securefederal aids in carrying out the purposes of thissection and s .. 84 .40 .

History: 1977 c 29 s . . 1654 (8) . (a) .

84.42 Limitations on bonding. The depart-ment's authority to act under ss . 84,40 and 84.41is limited to completionn of highway 1-94 be-tween Tomah and Eau Claire, the interstatebridge, including the approaches, on highway1-94 at Hudson and highway 1-90 betweenTomah and La Crosse ,

History: 1977 c .. 29 s 1654 (8) (a) .

84.51 Construction of state highways.(1) The secretary with approval of the governorand subject to the limits of s . 20 . 866 (2) (ur)and (us) ' may direct that state debt be con-tracted for the purposes set forth in subs „ (2)and (3) subject to the limits set forth in subs ..(2) and (3) . Said debts shall be contracted inaccordance vbith ch . 18 .

(2) It is the intent of" the legislature that statedebt not to exceed $185,000 ,000 for the con-struction of highways be appropriated over a 6-year period except that if funds allocated to anyproject hereunder are not used for such projector if additional highway construction funds aremade available hereunder, they shall first beused for development of state trunk highway 45fromm the intersection with .h highway 41 to andincluding the West Bend bypass, and except thatno funds shall be used for the construction of the



340 01 (5e) and "bicycle way" as defined in s ( 2) The department may establish a bikeway340,01 (Ss), separately or in conjunction with any existing

highway..

(b) "Highway" means any state trunk high- ( 3) Bikeways established under this sectionshall be considered highways for- the purposes of

way, national parkway, expressway, interstate ss . 84 ..06, 84 .07 and 84 099highway or freeway. History: 1977 c 29.

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