Electronically scanned images of the published statutes. 2089 TRUNK HIGHWAYS 84 .01 CHAPTER 84 STATE TRUNK HIGHWAYS ; FEDERAL A I D 84001 De fi n iti on s 84135 Purchase of int erstate toll br idg e s . 8401 Depa rtment powers and dutie s. t 8414 Bridge con s tr uc tion . . 84 Who to sign contracts 84 15 B ridges 84015 Federal highw a y aid accepted . 8420 St a te repair an d mai nt enance of highways and 8402 State t runk highwa y system. st reet s, 8403 Federal aid; s ta t e a nd l ocal funds. . 8425 Controlled-access highways . 8404 Roa dside improvement, 8 4 27 Ins titution roads . 8405 Railroad crossi ng imp roveme nts . 84 28 State park roads . 8406 Highway construct io n .. 8429 N at ional system of i nt ersta te highways . . 8407 Ma intenanc e of state trunk h i ghway s . 84. 295 Freeways and exp ressways.. 8408 Franchises . 8430 Reg ula tio n o f o utdo o r, ad vertising , 84 .09 Acquis it i on of land s a nd interests therein . 8431 Regula tion o f' junkyar ds 84 10 Ma intenance and ope ration of bridges not on state 8440 Departm ent; r elat ion to n o nprofit corporations.. trunks . 8441 State liability; applicable laws; tax exemp tion ; secu r- 84 , 103 Si lent cro ss memor i al hi ghway, in g of fe d era l aid s . 84104 3 2nd Division memorial highw ay . 8442 Limita tions on b ondin g.. 84105 Na ti onal parkw ays, 8451 Con structi on of st ate hig hways. 84 11 Intrasta t e b ridges . 8452 C on structi on of i ntrast ate an d intersta te bridges 84 12 Inters tate bridges . 8453 Matching of federa l a id . 84.. 13 . Pur ch as e of toll br idges . 8460 Bikew ays, 84 .001 Definitions . In this chapter : . plans, construction, inspection and maintenance (1) "Department" means the department of of all highways, whenever, the construction or, transportation . maintenance is under its jurisdiction. (2) "Secretary" means the secretary of (7) EXPE RIMEN TS , MEET I NG S, C O NVEN TIONS . transportation . The department shall conduct such investiga- History : 1977 c 29 tions and experiments, hold such public meet- ings and attend or be represented at such meet- 84. 01 Department powers and duties . (1) ings and conventions inside or outside of the OFFICES . The department shall maintain itss state as may, in its judgment, tend to promote principal office at Madison and district officers improved highways, and shall cooperate with at such other citiess as the necessities of the work state and national organizations in experiments demand . and work for the advancement of improved (2) POW ERS AN D DUTIES ; GENERA L PROVI- highways . SION„ The department shall have charge of all (8) DONATIONS . The department shall re- matters pertaining to the expenditure of state ceive gifts, appropriations and bequests made to and federal aid, for the improvement of high- it or to the state for highway purposes, pay all ways, and shall do all things necessary and moneys received by it into the state treasury, expedient in the exercise of such supervision . and, as far as practicable, expend the same in ` (3) DISTRICT OFFICES . Any internal reorgan- accordance with the wishes of the donor, such ization of the department under s .. 15 .02 shalll expenditures to be audited and paid as other provide for maintenance by the department of disbursements of the department are audited district offices throughout the sfate . and paid, and shall apportion the allotments of (5) ADVI SE LOCA L AUT HO RITI ES . The de- state highway funds among the counties and partment shall advise towns, villages, cities and municipalities as provided by law . . counties with regard to the construction and (9) CO UNTY TR UNK SYSTEM .. (a) The de- maintenance of any highway or bridge, when partment shall review the system of county requested . On the request of any town, village, trunk highways and alter the same so as to city or county board, or county highway com- connect the system of adjoining counties into mittee, any supervision or engineering work continuous and direct routes . necessary in connection with highway improve- (b) To insure modernn safe design in the ments :by any town, village, cityy or county may construction of county trunk highways, the de- be performed by the department and charged at partment shall establish rules providing uniform cost to such town, village, city or county . minimum design standards for the improvement (6) SURVEYS AND PLANS . The department of county trunk highways . "Improvement" as shall make provision for and direct the surveys, used in this paragraph includes construction, Electronically scanned images of the published statutes. 84 . 01 TRUNK HIGHWAYS 2090 reconstruction and the processes incidental to determine, as fax, as possible, what improve- building, fabricating or bettering a highway, but ments and maintenance will be made during the not maintenance . . following fiscal year, and notify the county (10) RIGHT OF ENTRY . The department or its clerks prior to May 1, as to the improvements authorized representatives may enter private and maintenance in their respective counties . . lands to make surveys or inspections . Such notice shall also be given to the department (11) REPORTS AND BULLETINS The depart- of natural resources and to the board of ' soil and ment shall issue such bulletins, pamphlets and water conservation districts . . literature as it deems necessary .. (18) STATE TRUNK HIGHWAY ALLOTMENT, (1 2) ACTING COUNTY COMMISSIO NER .. The PREPARATION OF PROJECTS, (a) Whenever the secretary of transportation shall appoint, upon county board of any county and the department the request of any county board, a county high- shall agree on a project for expenditure of allot- way commissioner, who shall have all the powers ments standing to the credit of such county and duties conferred by statutes upon county under s 84 . 03 (3), the department shall forth- highway commissioners .. with proceed to make surveys and plans, acquire (13) E NGIN E ERI N G SER V ICE S .. The depart- the right of way, hold public hearings and other ment may engage such engineering, consulting, requirements necessary to prepare the p r oject to surveying or' other specialized services as it may the point preceding the advertisement for bids . . deem advisable, which shall be exempt from ss . (b) The department may advance funds for 16 .70 to 16 82 and ss . 16,85 to 16,89, but any such surveys and plans, acquisition of right of such engagement involving an expenditure of way, holding of public hearings and other ' re- $ .3,0000 or more shall be by formal contract quirements necessary to prepare the project to y approved by the governor . the point preceding the advertisement for bids (14) LABORATORIES . The department shall out of funds available under s . 20,395 (3) which maintain in connection with the performance of shall be replaced from funds available to the necessary engineering for highway work and credit of such county under s „ 84,03 (3) when other functions, a materials testing and research construction begins . . laboratory and adequate facilities forhighway (c) Whenever the county board of any county marking and signing . and the department shall agree on projects for (15) FEDERAL AID SYSTEMS OF HIGHWAYS . . construction as provided in par . (a), the depart- The department shall plan, select, lay out, add ment shall forthwith prepare a future construc- to, decrease, revise, construct,, reconstruct, im- tionprogram the estimated cost of which shall as prove and maintain, or air ange for' maintenance nearly as practicable equal all outstanding cred- by subdivisions of the state or by any other its available under s . 84,03 (3) as of July 1, means, the national system of interstate high- 1943, plus anticipated federal aid and any other ways, federal aid highway system, system of funds available for construction, and annually secondary and feeder roads, federal aid grade crossings projects, federal forest highway sys- thereafter subject to provisions of par . (a), the tems and projects and other highway and related department shall forthwith prepare a construc- projects, all within the meaning of'Title 23, USC tion program the estimated cost of which . shall and all acts amendatory thereof' and supplemen- e equal all funds available under s 84,03 (3), tary thereto, and the federal regulations issued proposed bond issues, anticipated federal aid, under such code ; and receive all funds provided and the portion of s . 20,395 (3) available for by any source to matchh or supplement such construction and make surveys and plans, ac- federal aid funds, and expend such funds in quire the right of way, hold public hearings and accordance with the requirements of acts of' other requirements necessary to prepare the congress of of this state making such funds projects included in the program to the point available and cooperate with federal authorities preceding" the advertisement for bids . . Such and subdivisions of the state in carrying out this preparations shall be completed and on file in subsection .. This subsection shall not limit the the office . of' the department on or before No- other powers of the department relative to fed- vember , lof each year eral aid for highways.. (19) NOTARIES PUBLIC, The department is (16) NOTICE OF COU NTY TRANSPORTATION d authorized to expend from its proper appropria- AID, Annually, not later than June 30, the de- y tions a sum sufficient to pay all fees and ex- partment shall notify each county clerk of the penses necessarily incurred in qualifying em- transportation aid to the county for the follow- ployes deemed necessary as notaries public and ing fiscal year-, securing notaiial `. seals or rubber stamps ; but ( 'I7 ) IMPROVEMENTS AND MAINTENANCE such notaries shall receive no fees for notarial FOR NEXT YEAR . The department shall annually services rendered to the state . . . Electronically scanned images of the published statutes. 2091 TRUNK HIGHWAYS 84 . 02 (20) OBLIGATING ESTIMATED R EVENU ES . . facilities to serve bus and other public mass The department is exempt from the provisions of transportation passengers All moneys granted s, 20 .903 to the extent that it mayy obligate or allotted to this state as federal aid fbr, the estimated revenues from imposts on motor vehi- purposes specified in this subsection shall be cles and motor vehicle owners for any immedi- expended by the department in accordance with ately ensuingg period of 12 months and federal the act of congress relating to such federal aid highway aid funds allotted to this state pursuant fundss : 1971 c ao, rzs ; 1973 a 12; 1973 c . 243 s 82; 1975 to any applicable act of congress, which under History c 29 ss:918 to 924, 924,1654 (1), (8) (a), (f), 1656 c 189; 1977 the 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 and The department, as a part of the improvement execute in the name of the department any and maintenance of highways, may acquire, conveyance or any contract or agreement with construct 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 individualss operating on any public highway in the state . History: 1977 c 29 Lands necessary may be adjacent or contiguous to 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 congress thereof amendatory thereofand supplementary thereto, BRIDGE STANDARDS The department The state of Wisconsin declares its purpose and (23) shall adopt standards and specifications for the intent to give assent to all federal highway acts design and construction of county, town, village and to make provisions that will insure receipt . The Stan- by this state of any federal highway aids that and'city bridges, arches or culverts 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- . ties in this state as mayy be eligible to be im- public rights in navigable waters 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 accordance ate authority of an adjoining state, arrange for therewith .. : The good faith of the state is pledged performing, financing and sharing of cost of to make available funds sufficient to adequately construction, 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 States proaches thereto under joint jurisdiction of the relating to the construction and maintenance of department and a governmental agency of the streets and highways and related facilities under adjoining state . _ Title 23, USC and all acts amendatory thereof (27) URBAN MASS TRANSIT sYSrEMS . To en- and supplementary thereto, submit such scheme courage the development, improvement and use or program of construction and maintenance as of public mass transportation systems operating may be required by said code or rules and motor vehicles on highways for the transporta- regulations of the United States promulgated tion of passengers within urbanized areas so as thereunder and do all other .r things necessary to increase traffic :capacity, the department fully to carry out the cooperation contemplated may, 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 for the development, improvement and use of public 84. 02 State trunk highway system . (1) mass transportation systems for the transporta- DESIGNATION The system : of highways known tion of passengers within urbanized areas in this as the trunk highway system heretofore selected state„ The department may encourage generally and laid out by the legislature and by the and provide, without limitation by enumeration, highway commission and by special legislative for the construction of exclusive or preferential state trunk highway committees and approved bus 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 authority ing shelters, and fringe and corridor parking vested by law in the highway commission, is Electronically scanned images of the published statutes. 84 . 02 TRUNK HIGHWAYS 2092 hereby validated and confirmed and designated shall report the problem to the next ensuing the state trunk highwa y system but without session of the legislature for determination . prejudice to the exercise of the powe r given to (b) The action of any town, village or county ch a nge s uch s ystem, and all acts by which parts board or city council discontinuing, relocating of s a id system wer e heretofore a dopted or de- or altering any highway on the state trunk cl a red to be trunk highways are confirmed and system shall be void unless the department ap- validated . Section 80 .32 (2) does not apply to proves the same in writing . . the state trunk highway system . (4) GUIDEBOARDS ; WARNINGS ; ROUTE (2) COUNTY LINE HIGHWAYS APPORTIONED . MARKING . (a) The department shall mark the The a ppor tionment heretofore made by the highways of the state trunk highway system and highway commission of portions of the state also the connecting highways .. The markers shall trunk highway sy s tem that lie on county lines is be uniform, except that the numbers thereon hereby r atified . The portion of such county line shall correspond with the numbers given to highways assigned to any county shall be consid- various routes by the department and found on ered as lying wholly within such county, and all the, official highway maps issued by the depart- the provisions for construction and maintenance met No similar design or ma t ker shall be used shall apply to such portion ,just as though it lay r for marking other highway routes : wholly w ithin the county to which assigned .. (b) No person shall mark any other highway Bridges on the state trunk highway systemy routes or trails unless the route marked shall which span streams forming the boundary be- coincide exactly with the state trunk system . . No tween 2 counties shall be considered as lying such routes shall be marked until exact descrip- one-half in each county . tions of the routes selected for marking have (3) CHANGES IN -SYSTEM, (a) Changes may been filed with and the routes and markings be made in the state trunk system by the .-depart approved by the department :` Every route laid ment, if it deems that the public good is best out and marked shall be made to conform to the served by making such changes. The depart- state trunk system, and the person responsible ment, in making such changes, may lay out new e h for the marking of such route shall remove or highways by the procedure . under this subsec- erase such marks from every portion of such tion . Due notice shall be given to the localities route which does not coincide with the state concerned of the intention to make changes or trunk highway system . The department shall discontinuances , and if" the change proposes to report to the secretary of state any violations of l a y a highwa y via a new location and the dis- or failure to comply with the provisions of this tance along such deviation from the existing subsection, and the secretary of state shall there- location exceeds 2 1/2 miles, then a hearing in upon revoke the privilege, license or incorpora- or, near the region affected by the proposed tion of the offender, and the department shall change shall be held prior to making the change cause the offending marks to be erased, removed effective . Such notice shall also be given to the or destroyed . The expense of such erasure, secreta ry of natura l resources and to the secre- removal or destruction shall be paid out of funds tary of the board of soil and water conservation appropriated to the department, and may be districts either by registered mail or personally . r recovered in the name of the state - from the Whenever the department decides ;o thus person responsible for such unauthorized change more than 2 1/2 miles of the system marking. such change shall not be effective until the (c) The department shall erectand maintain decision of the department has been referred to such standard guide and warning signs and and approved by the county ` board of each lighting as it deems necessary with in the r ight of county in which any part of the proposed change way along the state trunk system ; and it is is situated : A copy of the decision shall be filed unlawful to erect any lighting or display any in the office of the clerk of each county in which other guide or warning signs upon the state a change is made or proposed . Where the trunk system, except in cases of emergency or n distance along the deviation from the existing when approved by the . Any erec- department location exceeds 5 'miles the change shall consti- tion in violation hereof ma)~'be removed by the tute an addition to the state trunk highway department. m sy~G The preex i sting route shall continue to (d) The department may cooperate with the y be a 'state trunk highway unless the county board Public Roads Administration or other desig- of each county in which any part of the reloca- nated agency of the federal government in for- tion ` lies andthe department mutually agree to mulating- and adopting or changing a uniform its discontinuance as a state trunk .- highway . system of numbering, or designating highways Whenever such county board or boards and the of interstate character within this state, and in departmen t cannot so agree the department the selection and erection of unifo r m danger 2093 Electronically scanned images of the published statutes. TRUNK HIGHWAYS 84 .02 signals and safety devices fo r the protection and state trunk highway averages in any year 150 or direction of traffic. less vehicles daily, the county board of the (e) The depar tment shall adopt a manual county wherein such state trunk highway is establishing a uniform system of t r affic cont rol situated may by resolution request that such be devices for use upon the highway s of this st ate . transferred to the county trunk highway system . The system sh all be con s istent with and , so far as A copy of such resolution shall be filed with the practicable, conform to cur r ent nationally rec- department ., If after investigation the depart- ognized standards for traffic control devices . ment finds that the traffic on said state trunk (5) M APS. As often as it ma y deem neces - highway is as stated in said resolution, it may sary , the department shall publish maps show- order said highway taken from the state trunk ing the state trunk highway system and such e highway system and made a county trunk other main highways and other features as may highway ., seem desirable. Such maps shall be furnished to (10) TEMPORARY ROUTES ; DETOURS (a) In the depa rtment of administration upon the req- case it is impracticable to maintain any portion uisition of the departmentt and shall be sold by it of the state trunk highway system as laid out, at a price to be fixed by the , depa rtment, which pending its improvement or construction, the price shall be not less than cost. The depar tment department may designate a temporary route as may, permit the use of the , base pla tes for other part of the state trunk highway system, and in y maps and publications in consideration of a fair such case the temporary route shall be consid- fee for such use . The department shall make and ered part of the state trunk highway system in publish or duplicate such maps as are required e every respect, except that it may not be con • • for its use, and sh a ll publish folded highway s d structed as a state trunk highway . . maps of Wisconsin for free distribution to the (b) When any portion of the state trunk public. highway system is impassable or dangerous to ' (6) ALTERNATE ROUTES THROUGH CITIES travel - or when it shall be deemed necessary AND VILLAGES . In cases where an y state trunk because of construction or maintenance work or highway passes near but not th r ough the central for other reasons to suspend all or part of the or business portion of any city or village, the travel thereon, the department may route such department may upon petition of any city or travel over a detour around such portion of the village designate an alternate route., through state trunk highway system . Such detour may such central of business portion , and shall install be routed over, any other public highway or suitable marking to guide travelers over such temporary highway which may be improved or n alternate route. No such designation shall be maintained as part of the cost of constructing or made unless the department finds that public c maintaining the state trunk highway system to travel will be benefited Any such designation the extent necessary, as determined by the de- may be revoked on 30 days ' notice to the city or partment, because of such additional travel . village if the department finds that public travel Such routing of state trunk highway traf'f'ic over, is not benefited. Such designation shall impose r other public highways shall not alter the existing no responsibility on the state, except the cost of status of such other public highways marking in the first _ instance , Such alternate routes shall be constructed and maintained and ( 'I'I ) CONNECTING HIGHWAYS. The state trunk highway system shall not include the kept clear of snow , in a condition satisfactory to the department without expense to the state , and marked routes thereof over the streets or high- thedepartment ma y require assurances to that t ways in municipalities which the department effect before making such designat i on. has designated as being connecting highways „ s Those municipal streets or highways so excluded ( 7 ) ADDITIONS FROM COUNTY TRUNK HIGH- as state trunk highways but marked as such and WAYS, Whenever the traffic on any county trunk d designated as connecting highways are further highway averages in any year 250 o r more described and the aids determined therefor vehicles daily, the county board may by resolu- under s. 86 . . .32. tion request that such county trunk highway be added to the state trunk highway system .. A ('I Z) STATE TRUNK SYSTEM MAPS , The de- copy of such resolution shall be filed with the partment shall maintain in its permanent record department. If after investigation the depart- a map of each county on a scale of not less than ment finds that the traffic on said county trunk one-half inch per mile showing the official lay- highway meets the requirements of this subsec- out of the state trunk highway system . Annu- tion, it may by order add said highway to the ally, as soon as practical after January 1, a copy state trunk highway system, but the total addi- of such map, showing: the official layout of the tions -under t his subsection shall not exceed 500 state trunk highway system in each county as it miles . Whenever the traffic on any portion of a existed at the close of the previous calendar year, 84 .02 TRUNK HIGHWAYS Electronically scanned images of the published statutes. 2094 shall be filed with the county clerk and county have been approved by the counties . All or any highway commissioner thereof' .. part of any such allotment to the credit of any History : 197 1 c 323 s . 27 ; 1973 c 1 85 ; 1977 c 29 ss 926, county may, with the consent of' the county 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- involved, be allocated by the department to erally change segment of state highway system 61 Arty Gen . match or supplement federal aid for projects on 26 .3 . the state trunk highway system or connecting highways within the county to which the allot- 84. 03 Federal aid ; state and local funds. ment is credited . $8,000,000 of'such appropria- (1) STATE AND F ED ERAL AID . . (a) All moneys tion shall be allotted, 40% in the ratio that the granted. or allotted to the state of Wisconsin as number of motor vehicles registered from each federal aid for highways and all state appropria- county in the fiscal year ended the previous June tions and other funds available to match or 30 bears to the total number registered in the supplement such federal aid funds and so uti- state and 60% in the ratio that the mileage of lized by the department shall be expended by the highways in each county, exclusive of highways department in accordance with the act of con- and streets in cities and villages, bears to the gress relating to such federal aid funds . total mileage of such highways in the state (b) Funds provided by any county, city, except that in counties having a population of village or town to construct, reconstruct or im- 500,000 or.more, 25% of'the total mileage of all prove any highway, street or bridge with statee or highways and streets in cities and villages shall federal aid under this chapter, shall be paid to be included in the eligible mileage of such the department or to the state treasury as the counties and in the total mileage in the state . .' department may require and shall be expended (b) In counties where more than 60% of the in accordance with s 84 06 and the federal acts state trunk highway system is constructed and relating to such federal aid .: : The use of state or surfaced with high type surfacing, satisfactory federal aid in the construction, reconstruction or to the department, such portion of the allotment improvementt of any highway, street or bridge under this subsection as thee department ap- not on the state trunk highway system shall not pioves may be added to the aids provided for relieve the county, city, village or town of any such county by s . 86 . : .30 or, used for the acquisi- obligation to maintain such highway, street or tion of rights of way for and construction of bridge . The department may allot to any city of expressways and federal aid secondary projects the 1st class any state and federal highway funds in such county : to which .h such city may be entitled for the (c) Under thiss section no county shall be purpose of the payment of interest, debt charges, allotted less than $40,000 .. Allotments under amortization or retirement of'street or, highway this subsection shall not lapse, but shall stand to bonds issued pursuant to s . 67 .05 or other appli- the credit of the county for which allotted until cable provisions of law . Such cities may usee expended as provided by law : The department such ., highway funds so allotted for such pur- and a county board, or a county highway com- poses, paying interest, debt charges and costs, mittee when authorized by the county board,, amortization or retirement of such bonds . may agree upon projects onwhich one of more (c) On any highway, street or bridge here- future years' allotments for such county shall be after constructed, `reconstructed or improved used .. The cost of such projects to the extent so with state or, federal aid under this chapter, the agreed may be advanced by the department location, form and character of informational, from any funds available in the transportation regulatory and war-ning signs, curb and pave- fund, and the amounts so advanced shall be ment or other markings, and traffic signals deducted from subsequent allotments under this installed or, placed by any public authority or subsection becoming available to the credit of other agency shall be subject to the approval of the county : the department; and the department is directed (9) IMPROVI N G STATE TRUNKS; L A NDSCAP- to approve only such installations as will pro- I NG A ND ACQ UIRING WAYSIDE AR EAS ., (a) That mote the safe and efficient utilization of" the part of the appropriation made by s . 20 .395 (3), highways, streets and bridges . . not required for- the other purposes therein pro- (3) STATE TRUNK HIGHWAY ALLOTMENT ; vided, may be used by the department for the COUNTY MINIMUM, (a) The appropriations improvement and traffic service of the state made by s 20 . . .395 (3) (qc) shall be allotted by trunk highway system and connecting highways, the department for the construction ; reconstruc- for the purchase and operationn of equipment, tion and improvement of the state trunk high- making surveys for locating local road mafeii= way system, mass transit systems under s, . 84 ..0.1 als, testing of" materials, and for other purposes (27) and connecting highways in the several provided in this section, and to match or supple- counties and expended by the department in ment federal aid for the construction, recon- accordance with s .: 84 .06 upon projects which struction or improvement of the federal aid, 2095 TRUNK HIGHWAYS 84 .05 Electronically scanned images of the published statutes. highway system, secondary or feeder roads, the and safe access thereto by pedestrians and vehi- elimination of hazards at railroad grade cross- cles, "Wayside" includes rest areas . ings and for any other highway purpose for (d) "Overlook" means a graded terrace, which the state may match or supplement fed- often inclosed by a masonry retaining wall, eral aid funds pursuant to any act of congress . located on roadside areas where favorable topo- Where such funds are used for the improvement graphic conditions provide an exceptional view of the state trunk highway system or connecting or off'-scape from the road. highways or to match or supplement federal aid (e) "Windbreak hedge" means a narrow they shall be expended in accordance with s . planting of trees or shrubs for protection against 84,06 and any applicable act of congress . . Any the drifting of snow or sand .. funds expended pursuant to this paragraph shall (f) "Turnout" means an informal surfaced or be expended by the depa r tment on such projects unsui faced parking space for one or more cars or within the provisions of th is paragraph, and trucks, constructed at selected locations on executed in such manner as the department shall roadsides in open country for purposes of' rest from time to time determine will best meet the and relaxation . needs of' travel and best pr omote the general (2) The department may construct and welfare . ' Such funds may be used f'or improve- maintain parking areas, including car pool par k- ments, within the provisions of this parag r aph, ing areas, waysides, overlooks, windbreak hedg- independent of or in con j unction with other es, turnouts and carry on roadside improvement funds available for such improvements . The along, or in close proximity with state trunk requirements of any federal highway act, or highways . . These activities may be performed regulations issued thereunder, may be met f r om within highway rights of way and upon lands such appr opriation otherwise publicly owned or controlled, or on (b) In addition to the purposes provided in lands acquired in proximity therewith The pat (a) there may be expended by the depart- department may acquire lands needed for such ment a sum sufficient, not exceeding $20,000, ' purposes . for' marking highways as civil defense evacua- Hi s tory: 1973 . 333 s 201w; 1977 c . 29 ss . 930, 931, 1654 .c. tion routes as requested by the secretary of local affairs and development . (10) IMPROVEMENT OF CONNECTING HIGH- 84. 05 Railroad crossing improvements . On a highway which the department has author- WAYS . All connecting highways shall be con- ity to construct and which crosses a railroad or structed' or reconstructed by the state in the e street railway, if the department determines same ; manner , as portions of the state t r unk that the construction or reconstruction of a highway system . . It shall not be compulsory for' grade separation or the rearrangement or elimi- the state to construct or, reconstruct any such nation of a grade crossing or other rearrange- highway to a greater width than those portions ment of the highway or tracks is necessary in the of the state trunk system connecting therewith History: 1971 c 1 25 ; 1973 c . 243 s . 82 ; 197 7 c . 29 ss . 928, interest of public safety or for convenience of 929, 1654 (1), (3), (8) (a), 1656 (43) ; 197'7 c 272 ;1977 c public travel, the department shall make a plan 418 ss . 572, 573, 929 (55) ,. of the construction proposed and an estimate of the cost thereof, including the cost of needed 84.04 . Roadside Improvement. (1) As used right of way; and shall endeavor to makee an in this section : _` arrangement with all persons concerned as to all (a) "Road side improvement" means the ap- matters involved in the plan, including the por- plication of the principles of landscape architec- tion of the . cost of the contemplated work which ture to highway planning, design, location, and the persons ;, shall defray If the department is construction , 3 : unable to contract with the persons concerned as (b) "Roadside" means that portion of the to the distribution and payment of the cost of the right of way not occupied by surface courses, work or the maintenance thereof, the depart- curbs, paved gutters, or paved median strips or ment shall lay the matter before the transporta- by other highway structures . tion commission,, and the transportation com- (c) "Wayside" means an area of land adja- mission shall review the proceedings and hold a cent or- in close proximity to the highway, with hearing thereon in accordance with ss . 195,28 faci lities developed for- the convenience, com- and 195 and shall fix the portion of the cost fort, and enjoyment ' of the motoring public, of the construction and of the maintenance these developments to include parking, sanitary, which is to be paid by the persons or corpora- cooking, and picnicking facilities, together , with tions'cohceined, and the portion of'the cost, if' any other facility or, improvement which the any, to be paid by the public, which portion shall department deems desirable or necessary to be paid from the highway construction fund accommodate t r avelers and provide convenient The transportation commission shall determine Electronically scanned images of the published statutes. 84 .05 TRUNK HIGHWAYS 2096 the benefits, if" any, which will inure to other (3) CONTRACTS WITH COUNTY OR MUNICI- highwa y s , and appor tion and ch arge to the units PALITY ; DIRECT LABOR ; MATERIALS. If the de- of government responsible for the construction partment f inds that it would be more , feasible of such other highways a fair port ion of the cost .. and advantageous to have the improvement per- History : 1977 c 29 s 1654 (8) (b), (9) (f) formed by the county in which the proposed improvement is located and without bids, the 84 .06 Highway construction . ( 1 ) DEFINI- department may, by arr angement with the TIONS, PLANS . "Impr o vement" or " highway im- county highway committee of the county, enter ' provement" a s used in this section includes into a contract satisfactory to the department to construction, r econstruction and the activities , have the work done by the county forces and operati ons and pr ocesses incidental to building, s equipment and in such contract may authorize fabricating or bettering a highway, public mass the county to purchase, deliver and store materi- transportation system or street, but not mainte- als and may fix the rental rates of small tools and nance. The department ma y prepare plans, equipment . The contract shall be between the estimates and specifications and undertake and county and the state and shall not be based on s d bids, and may be entered into on behalf of the perform all surveys , investigations and engineer- county by the county highway committee and on ing work for any highway improvement within behalf of the state by the secretary . Such its jurisdiction . When pro v ision has been made contract is excepted from all provisions of chs . for, the necessa ry funds for an y such highway lb and 230 and s . 289., 14, but if the total imp rovement and , if federal aid is to be utilized, estimated indebtedness to be incurred exceeds when the project has been approved by the $5,000 the contract shall not be valid until the p roper federal authorities , the department may approval of the governor is indorsed . The provi- proceed as pr ovided inthis section, with due sions of this subsection relating, to agreements n regard to an y applicable federal requirement or , between a county and the state shall also autho- r egulation . rize and apply to such arrangements between a (2 ). BIDS, coxrx A Crs ., All such highway im- e city, town or, a village and the state .. In such provements shall be executed by contract based cases, the governing body of the city, town or on bids unless the department finds that another village shall enter into the agreement on behalf method a s, provided in sub (3) , (4) or (5) of the municipality . would be more fea sible and advantageous . Bids (4) SPECIAL CONTRACTS WITH RAILROADS shall be advertised for in the manner determined AND UTILITIES . If an improvement undertaken by the department . The contract shall be by the department will cross or affect the prop- awarded to the lowest competent and responsi- erty or facilities of a " railroad or public utility ble bidder as determined by the department . If ' company, the department may, upon finding the bid of the lowest competent bidder , is deter - that it is feasible and advantageous to the state, mined by the department to be in excess of the arrange to perform po rtions of the improvement estimated reasonable value of the work or not in e wor k affecting such facilities or, property or, the public interest, all bids may be rejected . The perform work of altering, rearranging or relo- cating such facilities by contr act with the rail- department shall , so far as reasonable,z, follow road = or public utility . Such contract shall be uniform methods - of advertising for bids and between the railroad company or publ i c utility may prescribe and require uniform forms of bids and the state and need not be based on bids ; and and contracts. The secretary shall enter into the may be entered on behalf of : the state by the contract on behalf of the state. Every such secretary . Every such contract is excepted from contract is excepted from ss . 16'. 70 to 16 .82, all provisions of chs . 16 and 230 and s . 289 .14 . 16 . 87 and 16 . 89 : Any such contract involving an No such contract in which the total ;estimated expenditure of $1 , 000 or more shall not be valid debt to be incurred exceeds $5,000 shall be valid until approval of the governor is indorsed , The until the approval of the :governor, is indorsed secretary may require the . attorney general to As used in this subsection, . "public utility" examine any contract and any bond submitted in means the same as in s . 196 .01 and "railroad" connection with the contract and report on its means the same as in s . 195 .02 . ' "Property" as sufficiency of . form and execution , The bond used in th i s subsection includes but is not limited d required by s .. 289 .14 for any such contract to tracks, trestles, signals, grade crossings, involving an expenditure of less th a n $1,000 is rights-of-way, stations, pole lines, plants, sub- exempt from approval by the gov e r nor and shall . stations and other facilities . Nothing in this be subject to approval by the secr e t ar y . This n subsection shall be construed to relieve any subsection shall also apply to contracts, with railroad or public utility from any financial private contractors based on bids for mainte- obligation, expense, duty or responsibility other- nance under s . 84 .07, wise provided by law relative to such property . Electronically scanned images of the published statutes. 2097 TRUNK HIGHWAYS 84. 07 (5) LABOR EMPLOYED DIRECTLY BY DEPART- municipality, including interstate bridges, per- MENT If" the department finds that it would be formed by the county or municipality, and any more feasible and advantageous to have the county or municipality may enter into such proposed improvement performed by labor em- contract, General maintenance activities in- ployed directly by the department, it shall sub- clude the application of protective coatings, the mit a written report of its findings to the gover- removal and control of snow, the removal, treat- nor . On approval, the governor shall endorse the ment and sanding of ice, interim repair of high- report and the depa rtment may do the work by way surfaces and adjacent structures, and all labor , employed directly by the department, and other operations ; activities and processes re- may rent o r pu rchase necessary small tools or quired on a continuing basis for the preservation equipment . of the highways on the state trunk system, an d (6) EXCESS COST Any excess in construction including the care and protection of trees and cost over the funds made available for any piece other roadside vegetation and suitable planting of work, shall be paid from unobligated funds as to prevent soil erosion or to beautify highways the department may determine , and any balance pursuant to s .. 80 01 (3), and all measures e shall be credited to the appropriation fr om deemed necessary to provide adequate traffic which the work was financed . service. Special maintenance activities include (7) INSPECTION AND PAYMENT . The depart- the restoration, reinforcement, complete repair ment may provide for the inspection of each or other activities whichh the department deems piece of work to insure its proper performance . . are necessary on an individual basis for- specified All indebtedness incurred under this section for portions of thee state trunk system .. any highway improvement shall be paid out of ( 'Ib) EMERGENCY REPAIR AN D PROTECTION the available funds subject, if ' federal aid is OF STATE TRUNK HIGHWAYS.. To accomplis h utilized, to any applicable federal requirement promptt repair, ; protection or preservation of any or regulation . state trunk highway which has been closed or is (8) CONTRACT FOR MATERIALS, Whenever' being jeopardized by extraordinary damage by an improvement has been determined upon and flood, structure failure, slides, or, other ex- provision has been made for- fully financing the traordinary condition of necessity and emer- cost the department, if it concludes that a proba- gency, the department may, if it is deemed for ble saving can be effected thereby, may contract the best interest of the state, proceed at once to for any or all of the materials to be used in the repair or protect the 'highway with forces and improvement and for the delivery and storage of services of private constructors and agencies, said materials at suitable points, and pay for the summarily engaged by the department and same out of any funds available for the cause said work to be done by negotiated con- improvement; tract or agreement without calling for competi- (9) CAT CATTLE PASSES . As a part of any highway tive bids, provided that any such contract or, improvement or as a separate project under this agreement involving an estimated expenditure section, cattle passes may be constructed at in excess of'$10,000 shall be subject to approval places determined to be necessary and practical of the governor before it becomes effective . History: 1971 c. 125 ; 1977c 29ss 932 , 1654 (8) (a); i 9» ('IRI ) MASS IRANSI I SYSTEM , MAINTENANCE c . 196 s. . 131 ; 1977 c 2 7 3. When the public mass transportation system Cross Reference: Seee 103 50 for regulation of ' hours of labor and wage rates under highway contracts based on bids under uses a state trunk highway, such facilities shall 8406(2) ,` be maintained by the state at state expense in The department of transportation may make a reevalua- accordance withh this section ., Maintenance shall tion of a bidder's prior qualification or reject the lowest bid on the ground of irresponsibility of the successful bidder' , but, in be performed within the highway right-of-way, both instances,, notice and an opportunity for hearing on such upon facilities and lands within the highway reevaluation must be given to the contractor , 63 Atty.. Gen . . 60. corridor, and upon such terminal and parking facilities as may be reasonably adjacent to the 84 .07 Maintenance of state trunk high- highwayy corridor . Ways . (1) STATE EXPENSE ; WHEN DONE BY "(Z ) REPAYMENT FOR STATE WORK . . When COUNTY OR MUNICIPALITY . The state trunk any county or municipality maintains the state highway system shall be maintained by the state trunk highways within or beyond the limits of at state expense.. The department shall prescribe the county or municipality, including interstate by rule specifications for, such maintenance and bridges, in compliance with the arrangement may contract with any county highway commit- with the department, the department shall pay tee or municipality to have all or certain parts of the actuall cost of such maintenance, including the work of maintaining the state trunk high- the allowance for materials and the use of ways within or beyond the limits of the county or county or municipal machinery and overhead Electronically scanned images of the published statutes. 84.07 . TRUNK HIGHWAYS 2098 expenses agreed upon in advance Such pay- acquire private or public lands or interests in ments shall be made upon presentation by the such lands.. When so p r ovided in the depart- county or municipal clerk of a properly itemized ment's order, such land shall be acquired in fee and ver ifi ed account . The county or municipal simple. Unless it elects to proceed under ' sub.. clerk shall present such itemized accounts for (3), the department shall endeavor to obtain e general maintenance work no later than one easements or , title in fee simple by conveyance of month following the period during which such the lands or interests required at a price, includ- work is performed . ing any damages, deemed reasonable by the department The instrument of conveyance (3) W EED CONTROL, The highway patrol- shall name the state as grantee and shall be man shall destroy all noxious weeds as provided recorded in the office of the register of deeds . in s . 66 96 on any highway which he or she The purchase or acquisition of lands or interests patrols . therein under this section is excepted and ex- (4) EMERGENCY REPAIRS ; BLOCKING empt from s . 20.914 (1) . The department may srx EE rs ;p E iouxs Except in case of emergency, purchase or accept donations of remnants of no city or v illage shall obstruct an y street over tracts or parcels of land existing at the time or which an y state trunk highway is marked unless after it has acquired portions of such tracts or it first makes arr angements with the dep ar tment pa rcels b y purchase or condemnation for trans- for marking a detour,. portation purpose s where in the judgment of the . 5 History : 1971 c. 125; 1975 c . 39 ; 1975 c .. .394 s. 27 ; . 19 '15 c . 421 ; 1977 c . 29 ss 933 to 935, 1654 (8) (a) ; 1977 c . 418 .. department such action would assist in making whole the landowner, a part of whose lands have 84. 08 Franchises . No franchise or permit been taken for transport ation purposes and granted by any town or village or, city to any would serve to minimize the over-all costs of such corporation to use any state trunk highway shall taking by the public„ become effective unless such franchise or permit (2) If any of the needed lands or interests has been approved by the department . The therein cannot be purchased expeditiously for a order of' the department shall provide for or price :deemed reasonable by the department, the d approve the method by which the work autho- department may acquire the same by condem- rized by the franchise or permit is to be done or nation under ch . . 32 . by which the highway is to be restored to its (3) (a) The department may order that all former condition or certain parts of the required land or interests Histor y: 1977 c, 29 s: 1654 (8) (a), therein be acquired by the county highway n committee . . . When so ordered, the committee 84 .09 Acquisition of lands and interests and the department shall appraise and agree on therein. (1) The department may acquire by the maximum price, including damages, consid- gift, devise, purchase or condemnation any lands ered reasonable for the lands or interests to be so for establishing, laying out, widening, enlarging, acquired . The committee shall endeavor to extending, constructing, reconstructing, im- obtain easements or title in fee simple by con- proving and maintaining highways and other veyance of the lands or interests required, as transportation related facilities, or interests in s directed in the depar'tment's order . The instru- lands in and about and along and leading to any ment of conveyance shall name the county as or, all of the same; and after establishment, grantee, shall be subject to approval by the layout and. completion of such improvements, department, and shall be recorded in the office the department may convey such lands thus of the register of deeds and filed with the depait- acquired and not necessary for such improve- ment . If the needed lands or interests therein ments, with reservations concerning the future cannot be purchased expeditiously w ithin the use and occupation of such lands so as to protect appraised price, the county highway committee such public works and improvements and their- may acquire them by condemnation under ch . environs 'and to preserve the view, appearance, 32 . light, air- and usefulness of such public works .. (b) Any property of whatever nature ac- Whenever the department deems it necessary to quired in the name of the county pursuant to this acquire any such lands or, interests therein for section or any predecessor shall be conveyed to any transportation related purpose, it shall so the state without charge by the county highway order and in such order or on a map or plat show committee and county clerk in the name of the the old and new locations and the lands and county when so ordered by the department . interests required, and shall file a copy of the (c) The county highway committee when so order and map with the county clerk and county ordered by the department is authorized and highway committee of each county in . which empowered to sell and shall sell at public or- such lands or interests are required . For the private sale, subject to such conditions and purposes of this section- the department may terms author ized by the department, any and all Electronically scanned images of the published statutes. 2099 TRUNK HIGHWAYS 84 .09 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 entitled predecessor . Any instrument in the name of the to such per diem as compensation for their county, transferring title to the property men- services in addition to their annual salary fixed tinned 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 sale be deposited with the state in the appropriate property of whatever nature owned by the state transportation fund and the expense incurred in and under the jurisdiction of the department connection with such sale shall be paid from when the depa r tment determines that the prop- such fund erty is no longer neces s ary for the state's use for (d) Section 59 07 (1) (c) shall not apply to highway purposes The department shall any conveyance or transfer made under this present to the governor a full and complete sectionn 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 the certain 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 . . The board, 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 and board, commission . or department shall be cre- approve or disapprove the a pplication Upon ated or selected by the common council subject such approval and receipt of the full purchase to the approval of the department When so price, the department shall by appropriate deed ordered, the board, commission or department or other instrument transfer the property to the created or selected and the department shall purchaser . The approval of the governor is not appraise and agree on the max imum price, in- required for- public or private sale of property eluding damages, considered reasonable for the having a fair market value at the time of sale of lands or interests to be so acquired . The city not more than $ .3,000 . . The funds derived from board, commission or department shall en- sales under this subsection shall be deposited in deavor 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 the as directed in the department ' s order . The sale shall be paid from such fund d instrument of conveyance shall name the state (5m) Subject to the approval of the governor as 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 interests interests therein cannot be purchased expedi- therein acquired pursuant to this section and tiously within the appraised price, the city improvements installed thereon to municipali- board, commission or department may, subject ties within whose limits such lands or interests to approval by the department, acquire them by therein are located, The conveyance of said condemnation in the name of the state under ch . lands or interests therein and improvements 32 The city attorney may act as counsel in any shall restrict the use of the premises by the e proceedings brought under authority of this municipality to the uses for which they were subsection .. Special counsel may be employed acquired, except that said lands - or interests with the consent of the governor , the secre- andthe depart- therein declared by the department to be excess tai y. The city , upon agreement with ment, may pay for- the land or interests acquired may be so conveyed without restrictions as to from city funds made available for such purpose use or not otherwise app r opriated, 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 conveyance quired and damages allowed pursuant to this authorized by appropriate order or resolution of e section, expenses incidental : thereto and the cus- the head , of the department or independent y tomary per diem (or if' on an annual salary, a per agency concerned , diem not to exceed the lawful rate permitted for (7) When transportaion funds or federal aid members of county boards) and expenses of the are involved in f inancing an expressway project county highway committee incu r red 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, Electronically scanned images of the published statutes. 84. 0 9 TRU N K H IGHWAYS 2100 may order that all or certain parts of the re- shall not include snow and ice removal and quired land or interests therein shall be acquired control for, bridges located on connecting high- by the county expressway commission . . When so ways, The `department may arrange with any ordered, the expressway commission and the countyy highway committee or with any village department shall appraise and agree on the or city for the operation or maintenance or both maximum price, including all damages recover- of any such bridge ; and any county highway able in condemnation proceedings, considered committee, village or city may enter into such reasonable for the lands or interests to be so s arrangement. acquired . The expressway commission shall History: 19'71 c 125 s.. 522 (1); 1973 c . 243 s 82 ; 197'7 c . 29 endeavor ' to obtain easements or title in fee simple by conveyance of the lands or interests 84 . 103 Silent cross memorial highway . required, to the county or the state as grantee , (1) The department shall make plans for and all as directed in the department's order' .. The construct, in accordance with this section, a instrument of conveyance shall be subject to beautiful highway to be known as the "Silent approval by the department, and shall be Cross Memorial Highway" as a living memorial recorded in the office of the register of deeds and to and in honor of our, soldiers, living and dead, filed with the department . If the needed lands or of all wars in which the United States of interests therein cannot be purchased expedi- America has engaged . . The highway shall con- tiously within the agreed appraised price, the sist of a horizontal and a vertical member. The expressway commission may ` acquire them by horizontal member shall commence at or near condemnation under eh . . 32, but any award by Milwaukee, following generally present 194 to the expressway commission in excess of the Madison and thence proceed westerly, leaving agreed appraisal price shall be subject to review the state at La Crosse or Prairie du Chien . The by the department . . For the purposes and in the r vertical member shall generally follow a route manner provided in s . 59 . 965 (5) (d) 1, when so upon or along present USH No 51, entering the directed in the department's order, the express- state at or near Beloit, proceeding northerly way commission may acquire remnants, and passing near Janesville, Madison, Portage, Ste- with the approval of the department the express- vens Point, Wausau, Merrill and Tomahawk, way commission may dispose of remnants and extending on to a point near Trout Lake and may improve, use, maintain or lease lands and thence northerly to the Michigan boundary . interests acquir ed and held in trust for the state until they are actually needed for expressway (2) The alignment and grade of'the highway construction„ The net proceeds of such sales or shall be constructed to the most modern stan- rentals shall be remitted to the state or retained dards with structures of appropriate strength and used for expressway pu rposes when so di- and designed with due regard to aesthetics . . It rected by the department . shall, where practical to meet present and rea- History : 1971 c 40 ; 1973 c. 118 s . . 7 ; 197 7 c 29 ss , 936, sonably anticipated need for- complete traffic 1654 (1), (8) (a), (b) ; 1977 c 272, 418 . . and driver service, consist of 'a 4-lane, double- The commission has the power to condemn lands of one property owner to provide a public access road to another divided concrete highway, suitably landscaped, property owner who would otherwise be landlocked . 61 Atty. . seeded and planted, and shall include appropri- Gen . 36 . ate wayside development for emergency stops The highway commission may properly engage in hard- ship acquisitions under this section without the filing of an s and for rest and observation .. The economy, environmental impact statement under ' either federal or state efficiency, safety and permanence and memo- law but must in such instances comply with the requirements rial quality of the highway shall be comple- of 84 09 and 32 25 (1) 62 Atty.. Gen .. 200. . mented and enhanced by complete border con- trol and restrictions to access according to the 84 .10 Maintenance and operation of latest and advanced standards of highway bridges not on state trunks . The amount allocated theref o r from s . 20 . 395 (4) (qd) shall development be expended by the department for the mainte- r (3) Carefull consideration and study shall be nance and operation of bridges not on the state given to preservation of', natural growth and trunk highway system which were constructed, beauty, scenic development and sites for turnout reconstructed, or purchased under ss . 84 . . 1 ' 1 and and wayside development along with and as part 84 .12 and free bridges located in connecting of complete grading, construction and planting highways in cities of the 4th class which have a plans so as to provide the utmost in combining a length, not including approaches, of 300 feet or g permanent and beautiful route with the best in more, or a swing or lift span . All matters location and cross section, structural design and relating to the maintenance and operation of d adequate right of way for, vehicle and driver such bridges shall be under the control of' the services . department . . Maintenance and operation shall (4) The Silent Cross Memorial Highway not include the roadway lighting system and shall be developed over a period of 50 years and Electronically scanned images of the published statutes. 2101 TRUNK . HIGHWAYS 84 .105 finall y completed b y July 1 , 1997 .. The depa r t- plans establishing, laying out, widening, enlarg- ment shall proceed with such development, so ing, extending, constructing, reconstructing, im- far as practical, in the manner and orde r proving, maintaining and financing of high- following : ways, bridges, streets and roadside parks shall (a) It shall establish definitely the final loca- apply to the acquisition of land for, the Silent tion of the highway ; Cross Memorial Highway,, surveys and plans therefor, and establishing, laying out, widening, (b) It shall lay out for acquisition as needed a enlarging, extending, constructing, reconstruct- right of way of sufficient width for ultimate ing, improving, maintaining and financing of"the development; Silent Cross Memorial Highway and bridges, (c) It shall by orders regulate and restrict the streets and roadside development in connection location, shape , height, size and setback build - therewith . ing lines of buildings and other structures along His tory : 1977 c.. 29 ss 938, 1654 (8) (a) . such location, right of way or highway and along any natural watercourse , body of water, stream, 84. 104 32nd Division memorial highway . creek or place of vantage in near proximity In order to commemorate the 32nd Infantry thereto ; and it may by orders regulate and Division, alsoo known as The Red Arrow Divi- restrict the use of land along such location right sion, which, while composed mainly of men from of way or highway and the operation of vehicles Wisconsin, Illinois and Michigan, brought fame thereover. No such order shall pr ohibit the and glory to these states during World Wars I continued use or location of any building, struc- and. II by their sacrifice, . devotion and bravery ture or premises existing at the time such order and which is now established as a Wisconsin takes effect, but the alter ation of or addition to national guard division, the department is di- any building or structure so existing and not rected to establish a highway memorial desig- conforming to such order may be prohibited , nated route 32 by renumbering certain existing No commer cial enterprise or, activity shall be highways linking Illinois and Michigan through authorized or conducted by the department Wisconsin . Beginning at the Illinois-Wisconsin upon any part of the property designated as a state line renumber state trunk highway 42 to a part of such highway or acquired for such pur- pointt where it joins the present Wisconsin state pose . But the department shall, in order to trunk highway 32 at Sheboygan ; continuing permit establishment of adequate fuel and other over the present Wisconsin state trunk highway services for users of the highway by private 32 north to the junction with U .S . highway 8 at owners or their lessees, provide for access roads Laona; continuingg over the present Wisconsin within said right of way at points which in its state trunk highway 32 north to junction with opinion will best serve the public interest . All U .S, highway 45 at Three Lakes; thence north orders made pursuant to this paragraph shall be s on U .S., highway 45, to Michigan-Wisconsin reasonable and designed to promote the public state line at Land O'Lakes, The department is health, safety and public welfare , Any person further directed that in addition to the numeral violating this paragraph or any such order shall 32, the highway markers on this highway carry a red arrow, and that historical markers be be punished by a fine of not exceeding $500 or erected, and maintained along the highway in by imp r isonment for a period not exceeding 6 honor' of the .32nd Division and its members . months or, by both such fine and imprisonment . . Compliance with this paragraph and such orde rs Histor y: 1 .977 c 29 s . 1654 (8) (a) . may be also enforced by injunctional order ' at 84 .105 National parkways . (1) DEPART- the suit of the department or any owner ' of real MENT OF TRANSPORTATION TO COOPERATE estate affected thereby . WITH FEDERAL AGENCIES . The legislature ofthe (d) When plans are made fo r any construc- state of Wisconsin hereby declares that the tion on the highway such plans shall provide for intent of this section is to assent to any act of the e the ultimate development even though only a United States congress authorizing the develop- part thereof is to be carried out at the time ; all ment of any national parkway located wholly or construction shall conform with the plans of partly within the state of Wisconsin, to the full development, both as regards elevation and extent that is necessary to secure any benefits alignment „ Landscaping of the highway shall be under such act, provided that the hunting of' considered and included in the plans prior to or migratory waterfowl and other- game and fishing at the time of construction and shall closely shall not be prohibited of otherwise restricted by follow construction of the highway . the United States government or any of its (5) Except as herein otherwise required all designatedd agencies in control of said project, provisions of law relative to the acquisition of' and to authorize the appropriate state boards, land for' highway purposes, highway surveys and commissions, departments and the governing Electronically scanned images of the published statutes. 84. 105 TRUNK HIGHWAYS 2102 bodies of counties, cities, towns and villages and connection with such investigations as it deems especially the department of transportation to necessary or desirable, and shall give notice of cooperate in the planning and development of all such hearings by publication of a class 2 notice, national parkways that may be proposed for under ch . 985, in the area af'f'ected . development in Wisconsin, with any agency or (4) FINDING AND DETERMINATION When department of the government of the United the department has completed its investigations States in which is vested the necessary authority with respect to any proposed national parkway to construct or otherwise develop such national development, it shall make its findings and parkways Whenever authority shall exist for determination with respect to such proposed the planning and development of any national development . Such finding and determination parkway, of which any portion shall be located shall state whether or not such proposed na- in this state, it shall be the duty of the depart- tional parkway development is deemed advanta- ment oftransportation to make such investiga- geous to the state, shall include such inf'orma- tions and studies in cooperation with the appro- tion with respect to thee development as shall be priate federal agency, and such state - boards, necessary to state its character and extent, and commissions and departments as shall have an shall estimatee the cost thereofand separately, interest in such parkway development, ` to the the amount and character of lands necessary to extent that shall be desirable - and necessary in t be acquired in fee simple and in easements, with order to provide that the state shall secure all their cost, and needed to carry out the advantages that may accrue through such park- development., way development and that the interests ` of the (5) PARKW AY TO BE STATE T RUN K HIGH- counties, cities, villages and towns along the WAY If the department, after such investiga- route shall be conserved tions and studies, shall findd that the proposed (2) DEFINITIONS For the purposes of this parkway development is advantageous to the section, all terms applying to any parkway, such state, it shall have full authority to perform, on as "secretary", "parkway", "scenic landscape", behalf of the state, each and every duty required "sightly or safety easement", "access", "park- of' the state by the act of the U .S . congress way road", "-`parkway development", "national applicable to such parkwayy development, in parkway", "frontage", and other or similar order to secure the proposed development pro- ter ms, which are defined in any act of the United ject for the state.. . For the purposes of such States Congress applicable to such national development project, the parkway shall be a parkway, shall have the meanings set forth in portion of the state trunk highway system . . such act . . The term "national parkway" as used in this section shall mean and-include the Great (6) RI GHT OF WAY AN D EASEMENTS All River Road and appurtenances thereto, as pro- lands for right of way to be acquired in fee vided in section 14 of P . L . 350, 83d Congress, simple and all easements necessary to be ac- chapter 181, 2nd session, or any other parkway quired for the purposes of the proposed national or road in Wisconsin projected in general ac- parkway development shall be acquired by the cordance with the recommended plan set fo r th department in the name of'the state, as may be in the j oint report submitted to the congress required by the act'of'the U .S . congress applica- November 28, 1951, by the secretaries of com- ble thereto . Any lands owned by the state or by me t ce and interior pursuant to the act of August any county, city, village or town, may be con- 24, 1949 (P L 262, 81st Congress) to the end veyed to the United States, for- the purposes of that the department shall have authority to act the parkway' in the manner provided by law . with reference to them as provided by this The department may acquire such lands by gift, section . purchase agreement, or by exercising the right (3) DEPARTMENT SHALL MAKE INVESTIGA- of eminent domain in any mannerr that may be TIONS, The department shall have full authority provided.d by law for- the acquirement of lands f'or to make such investigations, surveys, studies and public purposes, . The department may convey plans in connection with any p r oposed national such lands to the US . government or any of its t parkway or parkway ' development as it shall agencies, as may be required by the act of the deem necessary or desirable in order to deter- U S, congress applicable to suchh national mine if the proposed development, under the parkway terms of the act of the United States Congress (7 ) SECT IO N TO B E LIB ERALLY C ONSTR UED , applicable to such parkway or any regulations ?ill powers granted in this section shall be liber- under such act, are advantageous to the state.. ally construed in favor of" the department and Such parkway development may be any portion any proposed national parkway development of° the proposed parkway, which it may be pro- projects. posed to construct as a project under such a ct . History : 1973 c. 333 s 201w; 1977 c 29 ss 939, 1654 (8) The department may hold such hearings in (a), (q), 1656 ( 43), Electronically scanned images of the published statutes. 2103 T R U N K HIGHWAYS 84 .11 84. 91 Intrastate bridges. (1) ELiciBCLiiY . (3) HEARING, Within 60 days of the receipt Bridge projects shall include all approaches and of' a petition under sub, (2) (a) or on its own embankments, all lands necessary for right of motion, the department shall fix a time and way or other purposes, and all other necessary place : for a hearing andd give notice of such appurtenances . The word "construction" as hearing by publication of 'a class 2 notice, under' used in thiss section shall include reconstruction . ch .-985, in the vicinity of the proposed bridge The following classes of bridge projects located project, Notice shall also be given by registered wholly within the state shall be eligible to con- letter addressed to the clerks of the counties, struction under the provisions of this section, cities, villages and towns in which any part of the provided that such eligibility shall not require bridge project will be located, Such notice shall that any such project be constructed under this also be given to the secretary of natural re- section exclusively or bar any such eligible pro- sources and to the secretary of the board of soil jectfrom construction under any other provision and water conservation districts either by regis- of law that may be applicable : tered mail or personally . Such hearingg may be held in any county, city, village or town in which (a) Any bridge project not eligible under par . any part of the bridge project will be located, (b) in which the bridge portion necessarily must be 475. feet in length or more, not including (4) FIND ING, DETERMINATION AND O R DE R . . approaches; After such hearing the department shall make such investigation as it shall deem necessary in (b) Any bridge project located wholly or order to make a decision in the matter . . If the par tly on the state trunk highway system or on a department shall find that the construction is street in a 4th class city, not a portion of the state necessary it shall determine the location thereof, trunk highway system, but selected by the de- and if the project as so located is eligible to partment as a direct connection between por- construction under this section the department tions of such system, provided the bridge portion shall determine the character and kind of bridge necessarily must be 300 feet or more in length most suitable for such location- and estimate not including approaches, or the cost of the separately the cost of the bridge portion and the bridge,portion as estimated by the department in entire project. In the case of projects eligible to its finding and determination is $75,000 or construction under sub . (1) (a) the department more, or there must be provided a movable span shall also determine the respective portions of to permit navigation ... such estimated cost of the entire project to be (2) INITIATION OF PRO C E EDINGS , (a) Bj' SIIY paid by each county, city, village and town county, city, village or town . Proceedings for the required to provide any portion thereof, and the construction of a bridge project under sub . (1) portion to be paid by the state . . The department (a) =or (b) may be initiated by a petition filed shall make its finding, determination and order, with the department . Such petition shall state in writing, and file a' certified copy thereof' with that the petitioner desires such construction, and the clerk of each county, city, village and town in the approximate location thereof, and shall fur- which any portion of` the bridge project will be ther state that, in the opinion of petitioner, such located and also with thee secretary of state and construction is necessary and is a bridge project the `state treasurer ; The determination of the eligible to construction under this section . Such location of'the project made by the department petition may be filed by any county, city, village and set forth in its finding, determination and or town required to pay a portion of'the cost of order; shall be conclusive as to such location and construction, in the case of a bridge project shalll constitute full authority for laying out new eligible under sub . (1) (a), or by any county, streets or highways ' or, for any r elocations of city, village or town in which a portion of the highways made necessary for the construction of bridge project will be located in the case of a the project and for acquirement of any lands bridge project eligible to construction under sub . . necessary for such streets or highways, reloca- (1) (b) ;,' Such petition shall be duly adopted by tion or construction. The estimate of cost made the governing body of the county,, city, village of by the department shall be conclusive insofar as town, and a certified copy of the adopted peti- cost may determine eligibility of construction tion shall be filed with the department, under this section . (b) By the department. Proceedings for the (5) APPORTIONMENT OF COST, (a) The cost construction of a bridge project under this sec- of projects eligible to construction under sub . . tion may also be initiated by the department (1) (a) shall be borne as follows, but subject to stating the approximate location of such con- par . (am) : the state shall pay one-third, the struction and that such construction appears to county or counties in which the bridge project be necessary and to be a bridge project eligible will be located shall pay one-third, and the one to construction under this section or more cities, villages and towns in whichh any Electronically scanned images of the published statutes. 84.11 TRUN K HIGH WAYS 2104 part of such bridge project will be located shall cost not otherwise paid as provided in this para- pay one-third, provided, that to the extent fed- graph ; provided, that if any bridge project to be eral aid for highways allocated to Wisconsin is constructed under this section meets the require- used to f i nance any portion of the cost of the ments for construction with federal aid, the project, the portion of the cost to be borne by the department may in its discretion apply federa l state, counties and local governmental units, aid to such project, in accordance with a project r espectively, shall be proportionately reduced . agreement to be entered into with the proper The portion to be paid by the counties shall be representatives of the federal government and borne equally by the counties in which such use any money provided by the state or paid by bridge project will be located ; provided, that no any county, city, village or town to match such bridge project shall be considered as located federal aid . within a county unless an entrance to the bridge (6) PROVISION OF PORTIONS OF COSTS BY LO- proper shall be wholly or partly within the limits CAL UNITS, When the department has made and of such county .. If a bridge project wholly within filed its finding, determination and order one county is located in more than one city, favorable to the construction of any bridge pro- village or town, their respective portions of the ject under this section, the governing body of cost shall be in proportion to their respective each county, city, village and town required by assessed valuations as last equalized by the such order to pay a portion of the cost in the case county board prior to the date of the depart- of bridge projects eligible to construction under ment's finding, determination and order . . If such sub . (1) (a) shall at its next regular or special cities, villages or towns are located in more than meeting determine the method and initiate pro- one county, the portion of the cost paid by all ceedings to provide such portion . Within 5 days cities, villages and towns shall first be appor- after the adjournment of such meeting the gov- tioned equally according to the number of coun- erning body of any such city, village or town ties, and then to the cities, villages and towns in shall cause its clerk to certify the action of such each county in proportion to their respective governing body to the county clerk and the assessed valuations as hezeinbefore provided .. department . Within 5 days after the adjourn- (am) For projects eligible to construction ment of such meeting of the county board the under sub . . (1) (a), the cost any city, village, or county clerk shall certify the action of the town is required to pay shall be not more than county boardto the'departmem„ The governing one-half of one percent of its last assessment for body of any such county, city, village ortown, in state taxes made by the department of revenue addition to the portion which it is by such order pursuant to s . 70 .57 prior' to the date of the required to pay, and the governing body of any department's finding, determination and order' , other county, city, village or town which will be but any city, village or town may pay more than especially benefited by the construction of such e the required amount upon approval by the gov- bridge may provide all or part of the portion erning body . Any amount by which the share of which any county, city, villagee or town is by such any such unit exceeds such maximum shall be order required to pay or which the state is paid by the state . . required to pay : . In the case of projects eligible (b) The cost of bridge projects eligible under to construction under sub .: (1) (b), when the sub (1) (b) shall be borne as follows : The d epartment has made and filed its findings, county or counties in wh i ch any part of the determination and order, favorable to such con- bridge project will be located are authorized, but s tiuction, the governing body of each county,, not required, to pay, jointly or, severally, a total t city, village or town in which any part of the of not more than one '-fourth ; the one or more project will be located shall take action at its cities, villages or towns in which any part of the next regular- or - ;pecial meeting to determine bridge pr-oject will be located are authorized, but what amount, if any, shall be offered and paid not required, to pay, jointly or severally, a total d toward such construction and determine the of not more than one-fourth . The department method and initiate proceedings to provide any shall include in its finding, determination and amount that shall be codetermined . Such action order, a statement of the amounts it shall find to shall be certified to the departmentt within 5 be equitable for the respective counties, cities, days after, s u ch meeting . villages and towns to pay toward such construc- (6a)' COUNTY BOARD ncriorr . I f any city, l tion but such statement shall not require any village or town which is required by the order of such county, city ; village or town to make any the d epartment to pay a portion of the cost of a payment. Any county, city, village of town may, bridge project eligible to construction under sub . with the approval of the department, make all of (1) (a) fai ls to comply with sub . (6) and part of its total authorized payment by furnish- provide the portion of the cost which it is by such ing land necessary or suitable for use in such order required to pay, or if such city, village or bridge project . The state shall pay the entire town does not hold a regular or special meeting Electronically scanned images of the published statutes. 2105 TRUNK HIGHWAYS 84 .12 within 30 days after the date of ' the department's (a) Any bridge project not included in para- finding, determination and order, the county graph (b) • boa r d of the county in which such city, village or (b) Any bridge project so located as to form town is located may take action to `provide such an interstate connection between the state trunk portion, and to assess all or part thereof against highway system of this state and the cox respond- such city, village or town as a special tax, in one ing system of the adjoining state,, and where or, more instalments as the county ' board deter- such bridge and approach in the adjoining state mines . The county clerk shall certify such tax or is under the jurisdiction of the state highway each instalment thereof to the clerk of ' such city, depa r tment of the said state . village or town, who shall place it in the next tax (2) INITIATION OF PROCEEDINGS .. (a) By roll ; and it shall be levied, collected and paid into county, city, village or town . . Proceedings under the county treasury as are other county taxes .. this section may be initiated by a petition f i led (7) EXECUTION AND CONTROL OF WORK . with the department by any county, city, village Subj ect to the control and supervision over the or town in which a portion of ' the bridge project navigable waters of the state conferred b y law will 6e located, The petition.: shall state that the upon the department of natural resources, and petitioner desires such construction and the ap- the control exercised by the United States, the proximate location thereof ; and shall further construction under this section of any bridge state that, in the opinion of petitioner, such h project shall be wholly under' the supervision and construction is necessary and is a bridge project contr ol of the department The secretary shall eligible under' this section .. The petition shall be make and execute all contracts and have com- duly adopted by the governing body of the plete s upervision over all matters pertaining to county, city, village or town and a certified copy such construction and shall have the power to of the petition, as adopted, shall be filed with the suspend or discontinue proceedings or construe- ' department. ton relative to any bridge project at any time in (b) By the department. Proceedings under the event any county, city, village or, town fails to thissection may also be initiated by the depart- y pay the amount required of it as to any project ment on its own motion stating the approximate eligible to construction under sub,, (1) (a) or location of the construction and that it appea rs offered by it as to any project eligible to con- to be necessary and to be a bridge p r oj ect struction under sub ... (1) (b), or in the event the eligible under, this section , secretary determines that sufficient funds to pay (3) HEARING, INVES7IGrCTION AND NEGOTI- the state's part of the cost of such bridge project ATIONS. Within 60 days of the receipt of such a are not available. All moneys provided by petition or on its own motion , the department counties, cities, villages and townss shall be de- shall fix a time and place for a hearing . . The e pos i ted in the state treasury, when required by department shall give notice and hold the hear- the secretar y, and paid out on order of the ing in the manner provided by s . 84 . 11 (3) The secretar y . Any of such moneys deposited for a department shall also give notice by registered project eligible to construct ion under sub . (1) letter addressed to the transportation depart- (a) which remain in the state treasury after the ment of the adjoining state and to the governing completion of such project shall be repaid to the body of the county, and of the city, village or respective counties,: cities, villages and towns in town of the adjoining state in which any portion such amounts as to result in the distribution of the bridge project will be located . e The provided in sub . (5) (a) and (am) . . department may make such investigation as it 3 History : 1971 c . . 323 s . 27; 1973 c.. .3 .36 s '78 ; 1975 c . 49 ; 1977 c, 29 ss 940, 1654 (8) (a) ; deems necessary and conduct such negotiations with the transpo r tation department and other authorities in the adjoining state as it deems 84 .12 Interstate bridges . (1) ELIGIBILITY . All bridge proj ects which include bridges lo- h advisable cated over any state boundary waters shall be (4) " FINDING, DETERMINATION AND ORDER .. eligible to construction and reconstruction If the department finds that the construction is under, this section, but such eligibility shall not necessary , and that provision has been made or require that any such .h project be constructed will be made by the adjoining state of its subdivi- under this section exclusively or bar any eligible sions to bear its or their portions of the cost of project from construction under any other provi- the project, the department, in cooperation with sion of law that may be applicable . Projects the state highway department of the adjoining shall include all appr oaches and embankments , state, shall determine the location thereof, the all lands necessary for right of way or other character and kind of bridge and other construc- purposes , and all other necessary appurte- tion most suitable at such location, estimate the nances . . Such bridge projects shall be classified cost of the project, and determine the respective as follows: portions of the estimated cost to be paid by each Electronically scanned images of the published statutes. 84.12 TR UN K HIGHWAYS 2106 state and its subdivisions . In the case of projects clerk shall certify the action of the county board eligible to construction under sub s (1 ) (a) the to the department . In the case of projects department sha ll fu rther determine the respec- eligible to construction under sub . ( 1) (b), tive portions of the cost to be paid by this state when the department shall have made andfiled and by its subdivisions which are required to pay e its finding, determinationand order favorable to portions of the cost . The , department, after such such construction, the governing body of each hearing, investigation and negotiations , shall county, city, village and town in which any part make its finding, determination and order , in of the bridge project in this state will be located writing and file a certified copy thereof with the shall take action at its next meeting to determine clerk of each county, city, village or town in this what amou n t, ' if any, shall be offered and paid state in which any part of the bridge project will toward such construction and to arrange to be located, with the secretary of state and the provide any, amount so determined upon . Such state treasurer and with the state highway de- action shall, be certified to the department pa rtment of the adj oining state . . The determina- within 5 days after any such meeting .. tion of the location set forth in the finding, (7) EXECUTION AND CONTROL OF WORK .. determination and order of the department shall Subject to the controll and supervision over the be conclusive as to such location and shall navigable waters of the state conferred upon the l constitute full authority for la ying out new department of natural resources, and the control streets or highways or for any relocations of ' the exercised by the United States, the construction highways made necessary for the con s t r uction of under this section of any bridge project shall be the project and for acquiring lands necessary for under , . the joint supervision and control of the s such streets or highways , relocation or t department and of the transportation depart- construction: ment of the other state concerned If ' the trans- (5 ) APPORTIONMENT or, COST The portion portation department of the other state is not e of the cost of such project to be paid by this state d : authorized to act jointly with this state in such and its subdivisions shall be borne as follows : bridge project arrangements may be made with (a) The cost of projects eligible to construc- such subdivisions of the other state as may have tion under , sub . (1) ' (a) to be borne by this state proper authority, represented by their proper and its subdivisions shall be borne by the state e ' of 'f.icers ,. Control shall be exe r cised in the man- and the counties, cities, villages - and towns in ner deemed most expedient by the secretary and which any part of the project in this state will be such department : or by the secretary and the located in the manner and proportion provided officers -.of the subdivisions of the other state by s 84,1 1 (5) (a) and (am) ; concerned in the construction . Contracts for the (b) The cost of projects eligible to construc- construction of said .d b r idge projects may be tion under sub , (1) (b) to be borne by this state made and executed by the secretary and the and its subdivisions shall be borne ' by the state; transportation department of the other state provided that such cost may be shared in the ,jointly,, or, jointly by the secretary and such manner and proportion provided in s . 84 .11 (5) n subdivisions of the other state asmay participate (b) by the one or more counties, cities, villages in the construction, or by appropriate agreement and towns in which any part of the bridge between the parties with respect to financing project in this state will be located and by the and control of the work, the authority of either application and matching of federal aid in the state may contract for all, or part of the construc- manner and proportion provided in s 84, 11 (5) tion, The secretary may suspend or discontinue fi b ) . proceedings or construction relative to any (6) PROVISION OF COSTS` BY LOCAL UNIT'S„ bridge project at any time in the event any When the department has made and filed its county, _ city, village or town fails to pay the finding, determination and order favorable to amount required of it as to any project elig ible to the construction of any bridge project under this construction under sub .; (1) (a) or offe red by it section, the governing body of each county; city, as to any project eligible to construction under village and town of this state required by the sub . (1) (b), or in the event the secretary r order to pay a po r tion of the cost, in the case of determines that sufficient funds to pay the s bridge projects eligible to construction unde r, state's part of the cost of the bridge project are sub. (1) (a), shall take action at its next regular - s not available . All moneys available fr om this or special meeting to arrange to provide such state, or its subdivisions, shall be deposited in the portion . Within 5 days after the adjournment of state treasury when required by the secretary such meeting the clerk of the governing body of and : shall .be paid out only upon the order : of the the city;, village or town shall certify the action of secretary. Moneys deposited by such subdivi- the governing body to the county clerk and the sions which remain in the state treasury after, the department. Within 5 days after the adjourn- completion of such project shall be repaid to the ment of such meeting of the county board the respective subdivisions in the proportion paid in . Electronically scanned images of the published statutes. 2107 TRUNK HIGHWAYS 84. 13 (8) CONNECTION WITH STATE TRUNK HIGH- available for highway construction in Wiscon- WAY s Y Sr EM . To carry out this section the de- sin , Contributions shall not exceed 50 % of the partment may add to the state trunk highway e total costs of the toll facility, but shall only be system any bridge constructed or purchased made if' the findings of the department, as under this section, and any road or street eligible approved by the secretary of transportation and to become a portion of the state trunk highway the governor that such contributions are for the system, which will form the most reasonable and h best interests of the economy and welfare of this practical connection from such bridge to the state. . state trunk highway system . In such cases y 3 . The toll bridge shalll be exempt from all limitations on the total mileage included in the taxes assessed by this state state trunk highway system shall not apply . 4 . All f i ndings and conclusions approved by (9) CONSTRUCTION OF INTERSTATE TOLL FA- the secretary of transportation and governor CILITIES . Adjoining states may construct toll shall be published by a class 1 notice, under ch facilities, including bridges and land cross i ngs 985, in the official state newspaper . The find- over any state boundary waters, under the fol- ings and conclusions shall not be subject to lowing terms and conditions : administrative review under ch . 227 and shall d only be set aside if it is determined by a court of (a) The bridge construction authority or the competent jurisdiction that there is hot substan- state highway authority of the adjoining state tial evidence to sustain the decision of the de- shall petition the sec r etary that such toll bridge paitment as approved by the secretary of trans- construction is necessary because the petitioning portation and the governor .. Action to contest state lacks funds sufficient to join with this state the decision shall be commenced no later than in equally sharing the costs of ' a free bridge. The 30 days after the date of publication thereof. secretary shall thereupon cause a thorough in- History: 1973 c 336 s 78 ; 1977 c . 29 ss. 941, 16 54 (8) (a), vestigation of the matter to be made including 1656 (43) . without limitation by enumeration : the suitabil- ity and advisability of any proposed location, the 84 .13 Purchase of toll bridges . Any toll financial limitations of the adjoining state and bridge eligible to be r econstructed as a free the economic effect of' the proposed bridge upon bridge under the provisions of section 84 11 or the economy and welfare of this state .. The 8412 , may be purchased under such section and department shall hold a public hearing and give made a free bridge, and the procedure in such notice thereof by registered letter addr' essed' to case , so far as applicable, shall be the same as f 'or, the transportation department of the ad joining the construction or reconstruction of bridges . If state and to the governing body of the county, the department is unable to agree with the city, village or town of ' this state and the adjoin- owners of such tolll bridge as to purchase price , ing state in which any part of the bridge project thesaid toll bridge may be condemned, by is proposed to be located ., The department shall exercising the right of eminent domain, in the also publish ' a class 3 notice, under ch. 985, in the following manner: official state newspaper of this . state . . (1) The department may petition the trans- (b) The department shall within 60 days portation commission to fix a time and place for after the conclusion of such hearing submitt a public hearing in the matter of just compensa- full report of findings .s and conclusions to the tion to be paid for the taking of ' the toll bridge, as secretary of transportation and the governor provided by s . 197. 05, and the subsequent pioce- Such findings and conclusions may be based on dure, so far as applicable, shall be as provided by evidence secured by the department in any form ss 197 OS to 197 09 . "Municipality" as used in and is not limited to facts determined from such sections means the department in all pro- evidence at the public hearing mentioned above .. ceedings brought under this section, and "com- If it is deter mined that it is in the best interest of mission" means the transportation commission .. the economy and welfare of the state that such Any toll bridge so purchased or acquired may be bridge be constructed at a location agreeable to later reconstructed under thiss chapter in the the depa r tment and the highway department of same manner as other free bridges may be the adjoining state, and such determination is h reconstructed . approved by the secretary of transportation and (2) The department may enter into and t the governor, the following is authorized : , consummate agreements with the United States 1 . The department is authorized to acquire all for °the acquisitionby the United States and necessary lands within this state and build, subsequent transfer to this state of such toll construct and maintain necessary approaches to bridge as provided by 5 Stat . 4071, 23 USC 129, the bridge within this state ; : as subsequently amended or supplemented from 2 The department is authorized to make time to time.. Any toll bridge so acquired maybe contributions or commitments out of funds later reconstructed under this chapter in the Electronically scanned images of the published statutes. 84.13 TRU NK H IG H W AYS 2108 same manner as other free bridges may be sufficient f 'ot such amortization has been so r econstructed . . provided, title to such bridge shall revert to the History : 19 77 c 2 9 ss, 9 42, 16 5 4 .(8) ( b ) state and the bridge shall thereafter be main- tained and operated by the department free of 84 .135 Purchase of interstate toll tolls, as part of the state trunk highway system . bridges . (1) The legislature intends by the (5) Any acquisition costs incurred by the enactment of this section to provide a means for state pursuant to this section shall be paid from the ultimate conversion of interstate toll bridges any funds available for the improvement of' state located in part in this state to free bridges . trunk highways and connecting highways . . Where any portion of an interstate toll bridge on (6) Any such bridge may be acquired, oper- a route of a state trunk highway is located ated, maintained and r'econstr'ucted in co- outside this state, it may be acquired pursuant to operation with an adjoining state or municipal- the provisions of this section in lieu of the methods of acquisition provided in section ity thereof". History: 1977 c 29 s , 1654 (3), (8) (a) 84 .13 . (2) The department, on its own initiative or 84 . 14 Bridge construction . (1) ORD E R OF upon petition adopted by a majority vote of the CONSTRUCTION, The department shall hold governing body of a county, town, city or village, hearings on proposed bridge projects under' ss . may acquire such bridge by purchase or by 84 .11 and 84,12 in the order in which they are exercising thee right of eminent domain in such initiated.. The secretary shall allot aid for the court as may have jurisdiction thereof and in construction, reconstruction or purchase of accordance with the laws applicable thereto ; or, bridges and the department may undertake such with the consent and approval of the depart- projectss in the order the secretary deems ment, and on such terms and conditions as it advisable . may prescribe, such right of eminent domain may be exercised by the county, city or other (3) PARTICIPATION I N TOWN BRIDGE CON- political subdivision in which any part of such STRUCTION, Whenever' any municipality has interstate toll bridge is located and revenue participated in the cost of the construction, bonds f'or, the acquisition of such bridge out of reconstruction, or' purchase of a bridge under, tolls may be issued in accordance with thee section 84 .11 or 84 .12, the property in such statutes relating to municipal borrowing insofar municipality shall thereafter be subject to taxa- as the same may be applicable . In acquiring tion by the county for the construction and such bridge the department, county, town, city repair of bridges within the county under section or village may proceed as provided by ch 32„ 81,38 . (3) Such bridge may be acquired by the (4 ) LEGALITY OF PROCEED IN GS HERETO- department subject to an agreement whereby all FORE HAD.. All bridges constructed, recon- or part of the acquisition cost will be advanced to structed or purchased pursuant to proceedings or later paid to the state by a county, town, city initiated by petitions filed with the highway or village in which any part of such bridge is commission prior to September 25, 1929, or by located, from the proceeds of revenue bonds or' the highway commission on its own motion, other source, and the department will convey the under ss„ 87 ..02, 87 .03, 87 ..04, 87 .05 or 87,055 of bridge to such political subdivision . Pursuant to the statutes existing prior to 1929, shall be such agreement, such bridge shall be main- construed to have been constructed, recon- tained and operated by such political subdivision structed or purchased under s . 84 .11 or 84 . .12., fromm the date it is acquired by the state . . and shall be operated and maintained as pro- (4) If, under the provisions of this section, vided by s : 84 . .15 . any bridge is acquired by, or conveyed by the History: 19 7'77 c:. 29. department to a county, town, city or village, such political subdivision shall maintain and 84 .15 Bridges. (1) MAINTENANCE AND OP- operate the same under the direction of the ERATION OF INTRASTATE BRIDGES ., All matters department, charging such tolls as may be fixed relating to the maintenance and operation of by the department. Such tolls shall be used for bridges constructed, reconstructed or purchased the maintenance, repair and operation of such under s . 84 .11 shall be under the jurisdiction and bridge and to repay, or provide a sinking fund complete control of the department and the cost sufficient to amortize, within a period of not to of such maintenance and operation thereof'shall exceed 20 years from the date of acquisition be the direct obligation of' the state.. Such thereof,' the acquisition cost of such bridge, portion of the approaches as may be determined including reasonable interest and financing by the department shall be considered a part of costs, paid by such political subdivision . . . After such bridge for, maintenance and operation pur- such cost has been repaid, or a sinking fund poses . The portion of'the approaches or hig hw ay Electronically scanned images of the published statutes. 2109 TRUNK HIG HWAYS 84 .25 not considered a part of such bridge for mainte- engineering surveys, investigations and studies, nance and operation pu rposes as determined by it shall find, determine and declare that the the department shall be maintained by the town, average traffic potential is in excess of 2,000 city or village in which it lies but this provision vehicles per' 24-hour day . . Such designation of 'a shall not diminish or otherwise affect the duty of portion of any state trunk highway in any county the county with respect to the county trunk as a controlled-access highway shall not be highways or the state with respect to the state effected until after a public hearing in the trunk highways .. Authority is given the depart- matter has been held in the county courthouse or ment to carry fire of tornado insurance, or both, other convenient public place within the county on bridges where such hazard exists and the following notice by publication of a class 3 premium on such insurance shall be included as notice, under ch . 985, in a newspaper published n a portion of such maintenance and operation in the county .. If the department shall then find costs.. that the average trafficc potential is as provided (2) ACROSS BAY OF GREAT LAKES, In the by this subsection, and that the designation of case of any intrastate bridge built across a bay of the highway as a controlled-access highway is any of the Great Lakes, the maintenance under necessary in the interest of public safety, conve- subsection (1) of this section shall be deemed to nience and the general welfare, it shall make its include repair or , reconstruction necessitated by finding, determination and declaration to that any accident a l damage done to such bridge by effect, specifying the character of the controls to vessels using such bay, or, some other catastro- be exercised. Copies of thee finding, determina- phe, in which event the departmentt may use for tion and declaration shall be recorded with the such repair or reconstruction moneys available register of'deeds, and filed with the county clerk, for the construction of such bridges . and published as a class 1 notice, under ch, 985, (3) INTERSTATE BRIDGES, W ISCONSIN'S in the newspaper in which the notice of hearing s SHARE, The provisions of this section shall also was published, and the order shall be effective l apply to all interstate bridges constructed, re- on such publication . . Not more than 1,500 miles constructed or purchased under the provisions of of highway shall be designated as controlled- section 84 .12 ; and the term "bridge" as used in access highways under authority of'this section . subsection (1) of this section means Wisconsin's portion of such interstate bridges . (2) CONIROLLED-A CC ESS . HIGHWAY DE- History: 1977 c . 29 s.. 1654 (8) (a) FINED, For the purposes of this section, a controlled-access highway is a highway on 84 .20. State repair and maintenance of e which the traffic is such that the department has highways and streets . Damage to any county found, determined and declared it to be neces- trunk or town highway or city or village street sary, in the interest of the public safety, conve- caused by reason of its use as a detour desig- nience and the general welfare to prohibit en- nated by the department of for hauling materi- trance upon and departure from the highway or als incident to the maintenance, repair or, con- street except at places specially designated and struction by the department of any state trunk provided for suchh purposes, and to exercise highway or street over which a state trunk special controls over traffic on such highway or highway is routed, shall be repaired by the street : department,, Such highway or street shall also (3) CONSTRUCTION; OTHER POWERS OF DE- be maintained by the department during such PARTMENT, In order' to provide for the public use .. The cost of such repair's and maintenance safety, convenience and the general welfare, the shall be paid from funds appropriated and avail- department may use an existing highway or able to the department for the maintenance and provide new and additional facilities for a improvement of state trunk highways and con- controlled-access highway and so design the necting highways under s . . 20,395 (3) . same and its appurtenances, and so regulate, Hi story: 1973 c . .33 .3 s 201w; 1977 c 29 ss 1654 (3), (6) ( b ), (8) (a), 1656 ( 4.3) . restrict or prohibit access to or departure from it as the department deems necessary or desirable,, 84.25 Controlled- access highways. (1) The department may .y eliminate intersections at A UT H O RI TY OF DEPARTMENT ; PROCE DU R E . . The grade of controlled-access highways with ex- legislature declares that the effective control of isting highways or streets, by grade separation traffic entering upon or leaving intensively tiav- or service road, or by closing off'such toads and eled highways is necessary in the interest of streets at the right-of-way boundary line of such public safety, convenience and the general wel- controlled-access highway and may divide and fare The department is authorized to designate separate any controlled-access highway into as controlled-access highways the rural portions separate roadways or lanes by raised curbings, of the state trunk system on which, after traffic dividing sections or' other' physical separations or Electronically scanned images of the published statutes. 84. 25 TRUNK HIGHWAYS 2110 by signs, markers, stripes or other suitable de- and streets any existing roads or streets , and to vices, and may execute any construction neces- exercise jurisdiction over local service roads in sary in the development of a contr olled- access the . . same manner, as is authorized over highway including service roads or separation of controlled-access highways under the provisions grade structures . . of this section, if, in their opinion, such local (4) CONNECTIONS BY OTHER HI G HWAYS . Af- service roads or st r eets shal l serve the necessary ter the establishment of any controlled-access purposes .. highway, no street or highway or private drive- (11) COMMERCIAL ENTERPRISES . No com- way, shall be opened into or connected with any mercial enterprise shall be authorized or con- controlled-access highway without the previous ducted within or on property acquired for or consent and approval of the department in writ- designated as a controlled-access highway . ing, which shall be given only if' the public (12) UNLAWFUL, USE OF HIGHWAY ; PENAL- interest shall be served thereby and shall specify TIES . It shall be unlawful for any person to drive the terms and conditions on which such consent any vehicle into or f r om a contr olled- access and approval is given . highway except through an opening provided for (5) USE OF HIGHWAY No person shall have that purpose, Any person who violates this any right of entrance upon or departure from or provision shall be punished by a f ine of not more travel across any controlled-access highway, or than $100 or by imprisonment for not more than to or from abutting lands except at places desig- 30 days, or by both such fine and imprisonment . nated and provided for such purposes, and on (13) VACATING, A controlled-access high- such terms and conditions as may be specified way shall remain such until vacated b y order of from time to time by the department . the department , The discontinuance of all st ate (6) ABUTTING OWNERS . After the designa- trunk highway routings over a highway estab- tion of a controlled-access highway, the owners lished as a controlled-access highway shall sum- or occupants of abutting lands shall have no marily vacate the control l ed-access status of Light or easement of"access, by reason of the fact such section of highway only after a traffic that their property abuts on the controlled- engineer ' survey investigation and study fi nds, access highway or for other reason, except only determines and declares that the vacating of the the controlled right of access and of light, air or controlled-access status is in the public interest view . . Such vacating shall not be effected until after a (7) SP EC IA L. CRO SSING PERMIT S, Whenever public hearing is held in the county courthouse property held under one ownership is severed by or other convenient place within the county, a controlled-access highway, the department following notice by publication under sub , (1) may permit a crossing at a designated location, The department shall record formal notice of to be used solely for travel between the severed any vacation of a controlled-access highway parcels, and such use shall cease if such parcels with the register of deeds of the county wherein pass into separate ownership . . such highway lies . When the county board, or (8) RIGHT OF WAY . . Any lands or other pri- county boards in the case of boundary line roads, vate or, public property or interest in such prop- by resolution enacted and filed with the depart- erty needed to carry out the purposes of this ment prior to the vacating o f a controlled-access section mayy be acquired by the department in by the department, requests that the controlled- the manner provided in section 84..09 . . access highway be continued pursuant to s . 83 027, then and thereafter all authority estab- (9) COOPERATIV E AGR EEME N T S.. To facili- lished by s . 8 .3 . 027 shall be in effect with respect tate xhe purposes of this section, the department to such controlled-access highway, except that and the governing bodies of 'a city, county, town the county need not comply with s 83 . . 02'7 (1) ; or village are authorized to enter into agree- and the department shall be relieved of any ments with each other or with the federal gov- further authority for such controlled-access ernmentrespecting the financing, planning, es- highway . tablishment, improvement,, maintenance, use, History: 1977 c 29 s 1654 (8) (a) . regulation or vacation of controlled-access high- This section does not mean that once access is granted it ways or other public ways in their respective may not be taken away . Estoppel is seldom applied against a jurisdictions. government and would not be justified under the facts . Surety Savings & Loan Asso v . State, 54 W (2d) ' 438, 195 (10) LOCAL SER V I C E RO ADS „ In connection NW (2d) 464 . with the development of any controlled-access highway, the department and county, city, town 84 .27 Institution reads . The appropriation or village highway authorities are authorized to made by s . 20 . . .395 (3) (wd) may be expended plan, designate, establish, use, regulate, alter, for improving highways forming convenient improve, maintain, or vacate local service roads connections between the university of Wiscon- and streets or to designate as local service roads sin, state universities and state charitable or Electronically scanned images of the published statutes. 2111 TRUNK HIGHWAYS 84. 29 penal institutions, and the state trunk highway 84.29 National system of Interstate high- system, or to construct roadwa ys under or over, ways. (1) DEPARTMENT OF T RANSPO R TATION state trunk highways that pass through the TO COOPERATE WIT H FED E R AL AGENCIES .. The grounds thereof, or to construct and maintain all legislature of the state of Wisconsin hereby drives and roadways on such grounds or the declares that the intent of this section is to .assent grounds of the state capitol ., Within the limita- to acts of the United States Congress heretofore tions and for the purposes of this section, funds and hereafter enacted, authorizing development may be allotted by and work performed by or of the national system of interstate highways under the supervision or authority of the depart- located wholly or partly within the state of ment, upon the request for such work filed by the Wisconsin to the full extent that it is necessary board of regents of the universit y . of Wisconsin or desirable to secure any benefits under such system or the state boa rds, commissions, depart- acts and to authorize the appropriate state ments or officers, respectively, as to such work in boards, commissions, departments, and the gov- connection with the institution cont r olled by erning bodies of counties, cities, towns and vil- them . . lages, and especially the department of trans- History : 1971 c . 100 s . 23 ; 1973 c 243 s . 82 ; 1977 c 29 ss portation, to cooperate in the planning, 1654 (8) (b), 1656 (43) . development and construction of the national system of interstate highways that may be pro- 84 .28 State park roads. The appropriation posed for development in Wisconsin, with any made by s.. 20 . 395 (3) (wd) may be expended agency or department of'the government of the for the cons t r uction , maintenance and marking United States in which is vested the necessary of roads , including fi re roads, service areas, authority to construct or otherwise develop or trailer or vehicle parking, s talls or, parking areas aid in the development of such system . When- and other facilities consistent with highway con- ever authority shall exist for the planning and struction and for the marking of scenic routes in development of 'a national system of interstate the state pa r ks, state forests, state fish hatche r- highways of which any portion shall be located ies, other public used areas unde r the jurisdic- in this state, it shalll be the duty of the depart- tion of the department of natural resources and ment of transportation to make such investiga- other public lands as defined in ch . 24 , fo r tions and studies in cooperation with the appro- highways or fire roads leading from the most priate federal agency, and such state boards, convenient state trunk ' highwa ys to such lands , commissions, departments and municipalities as and for the relocation and construction of state shall have interest in such system development, trunk highways in or, near state parks when to the extent that shall be desirable and neces- required in the inte rests of public safet y . . Within sary to provide that the state shall secure all the limitations and for the purposes of thi s advantages that may accrue through such inter- section , funds ma y be allotted by and work state system development and that the interest performed by or under , t he supervision' or au- t of municipalities along such system shall be thority or with the approval of the department , conserved . upon the request for, such work filed byy the (2) ROUTES OF INTERSTATE SYSTEM, STATE department of natural resou rces as to state park ixuNx xiGxwnYS . Upon finding by the depart- or forest lands , o r the board of commissioners of ment that the development of any proposed the public l ands as to other classes of public highway as a' route of the national system of lands . Outside the limits of the said park, state interstate highways, hereinafter designated the forest and public land areas, direct connections interstate system or interstate highways, or any to the most convenient state t r unk highway may portion thereof, including the laying out, con- be built or maintained under this section . Roads s struction, maintenance and operation of any in unincorporated areas within 5 miles of the pail thereof as a freeway or expressway, is in the boundaries of the Horicon national wildlife ref- promotion of the public and social welfare of the uge or the Horicon . marsh wildlife area may be e state and for the benefit of public travel, the built or maintained under this section upon department is empowered and it shall have full request of the town board, if the department of authority to lay out, construct, operate and transportation certifies that such roads are o r maintain such highway as a part of the state will .be used by a substantial number of visitors trunk highway system . Except as otherwise to such area . The expenditure of funds unde r provided by this section, all provisions of law this section shall not affect the eligibility of an y relative to the acquisition of land for highway highway for aids or, the expenditure of other' purposes and for, surveys ; plans, establishing, funds thereon . laying out, widening, enlarging, extending, con- History: 14 7 1 c . 164 ; 1973 0. . 243 s.. 82; 19'15 c . 181 ; 1977 c structing, reconstructing, improving, .maintain- 29 ss , 1654 (8) (a), 1656 (43) ing and financing ofother state trunk highways Electronically scanned images of the published statutes. 84 .29 T R U NK HIGH WA YS 2112 shall apply to the interstate highways under- the construction of and financed as a part of the taken in this state .. cost of the interstate highway. . The department (3) CHANGES IN EXISTING HIGHWAYS AND may by agreement with a county or municipality UTILITIES, It is recognized that in the construc- or by order summarily vacate or relocate any tion of interstate highways in this state to mod- town, county, city or village highway as part of ern standard and design, mutually agreed upon the construction of an interstate highway but by the department and the federal agency, to shall pay any damage legally payable under promote the public and social welfare, and bene- existing law to any property owner directly fit public travel of' the state, and meet the needs injured by the vacation or relocation of such of national defense, it will become necessary for street or highway . . The department is empow- the department to make or cause to be made ered to enter- into agreement with the unit of changes in the location, lines and grades of government having jurisdiction over the local existing public highways, railroads and public highway relocated or altered as a part of the utility transmission lines and facilities .. . interstate highway improvement with respect to maintenance thereof', and in the absence of (4) LAYING NEW HIGHWAYS FOR INTER- mutual agreement to the contrary, such relo- STATE SYSTEM . Upon finding and determination cated or' altered highway shall be maintained by by the department that it is not in the public the unit of government having jurisdiction interest and that it is impractical to establish the thereof before it was so relocated or altered, route of the interstate system on or , along ang except any parts thereof which the department existing state trunk highway, the department is determiness to be useful in the operation of or for authorized and empowered to lay out and estab- access to the interstate highway, which parts lish a new and additional state trunk highwa y shall be maintained by the state as a part of the for the interstate highway . As an interstate interstate highway . . The action by the depart- highway may be established, laid out and con- ment relative to vacation and relocation or' com- structed on a new location as an expressway or bining a public highway under jurisdiction of freeway which is not on and along an existing any county, town, city or village shall be public highway , no right of access to the high- conclusive way shall accrue to or vest in any abutting property owner. As an interstate highway may (6) POWER TO RELOCATE AND CLOSE HIGH- be established, laid out and constructed as an WAYS . (a) Without limiting the authority ex- expressway or freeway on and along an existing tended by other provisions of this section, the department is authorized on behalf of the state, public highway, reasonable provision for public to enter' into an agreement with the governing highway traffic service or access to abutting body of any county or municipality having juris- property shall be provided by means of frontage diction over any highway and, as provided in roads as a part of the interstate highway devel- such agreement, to relocate any such highway or opment , or the right of access to or crossing of to close thesame at or near the point of intersec- the public highway shall be acquired on behalf ' tion with any interstate highway, or to make of the state as a part of " the interstate highway provision for carrying such highway over or improvement project .. The occupation or use of under the interstate highway, and may do any any part of an existing public highway is autho- and all things on such highway as may be rized for the construction of the interstate sys- necessary to lay out, acquire rights of way for, tem, The action of the department relative to and build the same. establishment, layout , location or relocation of ` any part of the interstate system shalll be (b) No highway of any kind shall be opened conclusive . into or connected with the interstate highway by a municipality unless the department approves (5) CONSTRUCTION OF GRADE SEPARATIONS A T INTERSECTIONS. In the furtherance of the the same and fixes the terms and conditions on which such connection shall be made . The public interest and general welfare of the state department may give or withhold its approval or, and the traveling public in the development of fix such terms and conditions as it deems will the interstate system, the department is autho- best serve the public interest, rized and empowered to construct grade separa- (7) POWERS GRANTED LIBERALLY CO N - tions at intersections of any interstate highway with other public highways and railroads and to srRUEn .All powers granted in this section shall change and adjust the lines of public highways be liberally construed in favor of the. state in the and if necessary combine or relocate the same to fur'ther'ance of the expeditious and orderly con- adjust traffic service to grade separation struc- struction of any interstate highway project . tures . The entire cost of grade separations and . After, (8) ES TA BLISHI NG F REEWAY STATUS relocations and alterations of local roads as so adoption of an order by the department laying determined by the department shall be a part of out and establishing any portion of the interstate Electronically scanned images of the published statutes. 2113 TRUNK . HIGHWAYS 84 .295 system as an expressway or freeway, the high- extending, constructing, improving, maintain- way described in the order shall have the status ing and financing of state trunk highways shall of a freeway or expressway for all purposes of apply to the segments designated freeways or this section .. Such order shall not affect private expressways pursuant to this section . . . The property rights of' access to preexisting public "Hampton avenue corridor" in M ilwaukee highways, and any property rights taken shall be county shall not be designated as a freeway or, acquired in the manne r provided by law ., No expressway under this subsection . previously existing public highway shall be con- (4) CHA NGES I N E XI S T IN G HI G HWAYS AND verted into a freeway or exp r essway without UTILITIES . It is recognized that in thee construc- acquiring by donation, purchase, or condemna- tion of freeways or expressways to modern stan- tion the right of access thereto of the owners of dard and design, to promote the public and abutting lands social welfare and benefit public travel of the History : 1977 c. 29 ss , 944, 1654 (8) (a), (c) ; 1977 c . 43, state, it will become necessary for the depart- 203 .. ment to make or, cause to be made changes in the location, lines and grades of existing public 84 . 295 Freeways and expressways. (1) highways, railroads and public utility transmis- LEGISLATIVE INTENT . In the interest of promot- sion lines andd facilities: ing public safety and convenience and thee gen- (4m) M U NI CIPAL UTILITY R E LO CATIO N ; eral welfare, the legislature of the state of Wis- FREEWAY CONSTRUCTION (a) The state shall consin declares that the intent of this section is pay 90% of'the eligible costs of the relocation or to provide for the development of a well bal- replacement of any municipal utility facilities anced and integrated state trunk highway sys- required by thee construction of any freeway tem further modernized and improved to ade- undertaken by the department . The af'f'ected quate standards to provide needed increased municipal utility.y shall pay the balance of such traffic capacity, relieve the congestion on over- costs,. taxed existing highways, and otherwise more (b) This subsection applies only to reloca- adequately serve the present andd anticipated tions or replacements that' : . future needs of highway travel, and toward that end to prevent conflicting costly economic devel- 1 I nvolve municipal utility facilities located on publicly held lands prior to such relocation or opment on areas of lands to be available as right of way when needed for future highway replacement ; construction. 2 . Are not eligible for state reimbursement under' any other provision of law ; and (2) INVESTIGATIONS, SURV EYS A N D ST U DIES . As a function in the improvement of state trunk 3 . Take place after July 1, 1976, highways and connecting highways the depart- (c) In administering this subsection the de- ment is authorized to make investigations, partment shall use the same procedures and surveys and studies of the present and antici- accounting principles as are applicable to utility pated needs for the improvement of` desirable, relocat ons and replacements for which full re- probable additions to the state trunk highway imbursement is required by law . (d) In order to be eligible for, reimbursement system, and to otherwise carry out the expressed under this subsection, any entry upon or occupa- intent of this section . tion of state freeway right-of-way after reloca- (3) DESIG NATING FREEWAYS AND EXPRESS- tion or re pl aceme nt by a me tropolitan sewerage WAYS Where the department finds that the districtt acting under s . 66 :24 (5) (b) shall be volume and character of the traffic to be served done in a manner acceptable to the department . . thereby warrant the construction or the acquisi- (e) In this subsection : tion of right-of"-way for the ultimate construc- tion of a highway to accommodate 4 or more 1 . "Eligible costs" mean the actual costss of lanes for moving traffic and that such develop- relocating or replacing utility facilities less the : ment, is in the public interest, it may by order a . . Salvage valuee of the old facilities ; designate as freeways or, expressways segments b . Used life credit on the old facilities ; and of state trunk highways having currently assign- c. Cost of`any upgrading of the facilities being able traffic volumes in excess of 4,000 vehicles replaced or relocated made solely for the benefit per day., The findings, determinations and or- and at the election of the utilityy and not attribut- d ers of the department under this subsection able to thee freeway construction . shalll be recorded . Except as otherwise provided 2 . "Municipall utility facilities" mean any b y this section, all provisions of law relative to utility facilities owned by any town, village or the acquisition or, dedication by subdivision plat city:y or any town sanitary district established or otherwise, of land and interests in land for under ss. 60,30 to 60 .316, or under the jurisdic- highway purposes, an d relative to surveys, plans, tion of any metropolitan sewerage districtt estab- establishing, laying out, wi dening, enlarging, lished under ss ., 66 .20 to 66 .26 . Electronically scanned images of the published statutes. 84 .295 TRUNK `HIGHWAYS 2114 3 . "Publicly held lands" include any right or maintained by the unit of government having d interest in real estate held by the state or by any ,jurisdiction thereof before it was so relocated, county, city, village, town or other, body politic altered or extended, except any parts thereof and corporate. which the department determines to be useful in (5) DESIGNATING HIGHWAYS AS FREEWAYS operation of or for access to the freeway or OR EXPRESSWAYS . Where a state trunk highway expressway, including structures over the free- is established on a new location which is not on way or expressway, which parts shall be main- or along an existing public highway, and the tained by the state as a part of the freeway or state trunk highway is designated as a freeway expressway The actionn by the department or expressway no rightt of access to the highway relative to . vacation, relocation, extensionn of shall accrue to or vest in any abutting property combining of a public highway under jurisdic- owner . Where a state trunk highway is on or tion of any county, town, city or village shall be along any highway which is open and used for conclusive . travel and is designated as a freeway or express- (7) AUTHORITY TO RELOCATE A ND CL OSE way, reasonable provision for public highway HIGHWAYS, (a) Without limiting the authority traffic service or access to abutting property extended by other provisions of this section the shall be provided by means of frontage roads as department may, on behalf of the state, enter a part of the freeway or expressway develop- into an agreement with the governing body of t ment, or the right of access to or cr ossing of the any countyy or municipality having jurisdiction publ ic highway shall be acquired on behalf of over, any highway and, as provided in such the state as a part of the freeway or expressway improvement project . The occupation or, use of agreement, relocate or extend any such highway any part of an existing public highway is autho- or close the same at or near the point of intersec- rized for the construction of a freeway or' ex- tion with any freeway or expressway, or make pressway. The action of the department relative provision for carrying such highway over, or to designation, layout, location or relocation of under the freeway or expressway, and may do any part of a freeway or, expressway shall be any and all things on such highway as may be conclusive , necessary to lay out, acquire rights of way for,, (6) CONSTRUCTION OF GRADE SEPARATIONS and build the same. AT INTERSECTIONS. In the furtherance of the (b) No highway of any kind shall be opened public interest and general welfare of the state into or connected with a freeway or expressway and the traveling public in the development of by a municipality unless the department ap- f'r' eeways or, expressways, the department is au- proves the same and fixes the terms and condi- thorized and empowered to construct grade sep- tions on which such connections shall be made . arations at intersections of any freeway or ex- The department may give or withhold its ap- r piessway with other public highways and proval of fix such terms and conditions as it railroads and to change and adjust the lines of deems will best serve the public interest, public highways and if necessary combine, relo- (8) POW E RS GRANTED LIB E RA LLY CON- cate or extend the same to adjust traff ic service STRUED, The provisions of this section are not to grade , separation structures The entire cost restricted by other provisions of the statutes, and of grade separations and relocations alterations all powers granted in this section shall be liber- or extensions of local roads as so determined by ally construed in favor of the state in the f'urther- the department shall be a part of the constt uc- t e ance of the expeditious and orderly construction eion of and financed as a part of the cost of the of any freeway or expressway project and in the freeway or expressway The department may by furtherance of the orderly operation of a free- agreement with a county' or municipality or , by way or expressway designated pursuant to this order, summarily vacate or relocate any town, section.: county, city or village highway as part of the COT1StT ' UCYlOri of a freeway or expressway but 1 (9) ESTABLISHING FREEWAY STATUS . After shall pay any damage legally payable under the adoption `of' an order by the department existing law to any property owner directly laying out and designating any portion of a state injured by the vacation or relocation of such trunk 'highway as a freeway or expressway, the street or highway .. The department is empow- highway described in the order, shall have the ered to enter into agreement with the units of status of a freeway or expressway for all pur- government having jurisd i ction over a local poses of this section ..' Such orders shall not affect highway relocated ; altered or extended as a part private property r ights of access to preexisting of the freeway or expressway improvement with public highways, and any property rights to be respect to maintenance thereof, and in the - ab- taken shall be acquired in the manner provided sence of" mutual agreement to the contrary, such by law No previously existing public highway relocated, altered or extended highway shall be shall be developed as a freeway or expressway Electronically scanned images of the published statutes. 2115 TRUNK HIGHWAYS 84 .30 without acquiring by donation, purchase or con- department by registered mail 60 days' notice of demnation the right of access thereto of the such contemplated construction, alteration or h owners of abutting land addition describing the same, provided that this ( 10 ) E S TA BLIS HI NG L OCA TI ON S AND RI G HT prohibition and requirement shall not apply to OF WAY WIDTHS FOR FUTURE FREEWAYS OR EX- any normal or emergency repairs or replace- PRESSWAYS (a) Where, as the result of its ments which are necessary to maintain an ex- investigations and studies, the department finds isting structure or facility in approximately its that there will be a need in the future for the previously existing functioning condition .. development and construction of segmentss of a When the right of way is acquired, no damages state trunk highway as a freeway or expressway, shall be allowed for any construction, alterations and where the department determines that in or additions in violation of' this paragraph . order to prevent conflicting costly economic (c) Without limiting any authority otherwise development on areas of lands to be available as existing, any of ' the rights of way needed may be rights-of-way when needed for such future de- acquired at any time by the state or by the velopment, there is need to establish, and to county or municipality in which such freeway or inform thee public of', the approximate location expressway is located . If one owner's contiguous and widths of rights-of-way needed, it may land is acquired to an extent which is less than proceed to establish such location and the ap- the total thereof shown on the map as needed, proximate widths of'righ* .s-of-way in the follow- consequential damages to the portion not ac- ing manner . It shall hold a public hearing in the quired shall be allowed if found to exist . . matter in a courthouse or other convenient pub- History : 1971 c 252 ; 1975 c 425; 1977 a 29 ss 945, 1654 lic place: in or near thee region to be affected by ( 3) ; ( 8 ) ( a ) the proposed change, which public hearing shall 84 . 30 Regulation of outdoor advertising . be advertised and held as are state trunk high- way change hearings . The department shall (1) LEGISLATIVE F I N DI NGS AND PURPOSE . To consider and evaluate the testimony pi esented at promote the safety, convenience and enjoyment thee public hearing . It may make a survey and of'public travel, to preserve the natural beauty of prepare a map showing the location of the Wisconsin, to aid : in the free flow of interstate freeway or expressway and the approximate commerce, to protect the public investment in widths of the rights-of-way needed for- the free- highways, and to conform to the expressed in- way or expressway, including the right-of-way tent of congress to control the erection and needed for traffic interchanges with other high- maintenance of outdoor advertising signs, dis- ways, grade separations, frontage roads and plays, and devices adjacent to the national sys- other' incidental facilities and for the alteration tem of interstate and defense highways, it is or relocation of existing public highways to hereby declared to be necessary in the public adjust traffic service to grade separation struc- interest to control the erection and maintenance tures and interchange ramps .. The map shall of billboards and other outdoor advertising de- also show the existingg highways and the prop- vices adjacent to said system of interstate and erty lines and record owners of lands needed federal-aid primary highways and the Great Upon approval of the map by the department, a River Road . . notice of such action and a copy of the map (2) DEFINITIONS . In this section, unlesss the showing the lands or interests therein needed in context otherwise requires : any county shall be filed in the office of the (a) "Adjacent area" means an area which is register- of deeds of such county... Notice of the adjacent to and within 660 feet of the nearest action and of the filing shall be published as a edge of the right-of-way of any interstate or class 1 notice, under ch . 985, in such county, and primary highway or the Great River Road, within 60 days after filing, notice of such filing which 660 feet distance shall be measured hori- shall be served by registered mail on the owners zontally along arline normal or perpendicular to of record on the date of filing . With like the center line of the highway . . approval, notice and publications, and notice to (b) "Business area" means any part of an the affected record owners, the department may adjacent area which is zoned for business, indus- from time to time supplement or change the trial or commercial activities under the author- map. . ity of the laws of this state ; or not zoned, but (b) After such location is thus established, which constitutes an unzoned commercial or within the area of the. rights of way as shown on industrial area as defined in par . (k) . In adja- the map or in such proximity thereto as to result cent areas along the interstate system business in consequential damages when the right of way areas shall be limited to commercial or indus- is acquired, no one shall erect or move in any trial zones within : the boundaries ofincorpoiated additional structure, nor rebuild, alter or add to municipalities, as those boundaries existed on any existing structure, without first giving to the September 1, 1959, andd all other areas where Electronically scanned images of the published statutes. 84 .30 TRUNK HIGHWAYS 2116 the land-use as of September 1, 1959, 'was (i) "Primacy highway" means any highway, clearly established by state law as industrial or other than an interstate highway, at any time commercial , officially designated as a part of the federal-aid (c) "Center line of the highway" means a line primary system by the department and approved equidistant from the edges of the median sepa- by the appropriate authority of the federal rating the main-traveled ways of a divided high- government . way, or the center line of the main-traveled way (j) "Sign" meanss any outdoor- advertising of a nondivided highway . . sign, display, device, notice, figure, painting, (d) "Commercial or industrial activities" for, drawing, message, placard, poster, billboard, or purposes of unzoned industrial and commercial other thing, which is designed, intended, or used areas mean those activities generally recognized to advertise or, inform, any part of the advertis- as commercial or industrial by local zoning ing or' informative contents of which is visible authorities in this state, except that none of the t from an yy place on the main-traveled way of any following activities shall be considered commer- portion of an interstate highway or primary cial or industrial : highway . 1 . Outdoor, advertising structures , . (k) "Unzoned commercial or industrial 2 . Agricultural, forestry, ranching, grazing, areas" mean those areas which are not zoned by farming and similar' activities, including, but not state or local law , regulation or ordinance , and limited to wayside fr esh produce stands . .' on which there is located one or more permanent 3 . Activities normally or regularly in opera- structures devoted to a commercial or industrial activity or on which a commercial or industrial tion less than 3 months of the year . activity is actually conducted whether or not a 4 . . Transient or temporary activities .. 5, Activities not visible from the main- permanent structure is located thereon, and the area along the highway extending outward 800 traveled way , feet from and beyond the edge of such activity . . 6 . Activities more than 660 feet from the Each side of the highway will be considered nearest edge of the right-of:-way . separately in applying this definition . All mea- s7: Railroad tracks and minor sidings . surements` shall be from the outer edges of the 8 . Areas which are predominantly used for regularly used buildings, parking lots, storage or residential purposes, processing and landscaped areas of the commer- (e) "Erect " means to construct, build, raise, cial or industrial activities, not from the prop- assemble, place, affix, attach, create, paint, erty lines of the activities, and shall be along or draw, or in any other ' way bring into ` being or parallel to the edge or pavement of ' the highway . establish ; but it does not include any of the (km) "Urban area" means any area which is foregoing activities when performed as an inci- an urbanized area or urban place, as deter mined dent to the change of advertising message of by the depar tment under 23 US C . 101 (a) and customary maintenance of the sign structures . . regulations adopted thereunder and approved (em) "Great River Road" means any high- by the appropriate federal authority . Maps of way of'f'icially designated as part of the Great y urban area boundaries shall be available for River Road system by the department and ap- inspection at offices of the department and pr•oved by the appropriate authority of the fed- copies of such maps shall be provided at cost to eral government Signs along the Great River anyone requesting the same . Road shall be regulated as are signs along (I) "Zoned commercial or industrial areas" primary highways . mean those areas which ace zoned for ' business, (f) "Interstate highway" means any highway industry, commerce or trade pursuant to a state at any time officially designated as a part of the or local zoning ordinance or regulation . national system of interstate and defense high- (3) S IGNS PROHIBIT' ED ' . No sign visible from ways ; by the depar tment and approved by the the main-traveled way of any interstate oc appropriate authority of the federal federal-aid highway may be erected or ' main- government . . tained in an adjacent area after March 18, 1972, (fm) "Landmark sign" means a sign of his- or outside the adjacent area after June 11, 1976, toric or artistic significance, the preservation of except the following : which is consistent with the purposes ' of this (a) Directional and other of ficial signs, in- section, as deter-mined by the department, in- cluding, but not limited to, signs pertaining to cluding signs on farm structures or natural natural wonders, scenic and historical attrac- surfaces. , tions," which are required or authorized by law, (g) "Main-traveled way" means the through and which ` comply with rules which shall be traffic lanes exclusive of frontage roads, auxil- promulgated by the department relative to their iary lanes and ramps :, lighting, size, number, spacing and such other (h) "Maintain" means to allow to exist .. requirements as are appropriate to implement Electronically scanned images of the published statutes. 2117 TRUNK HIGHWAYS 84 .30 this section, but such rules shall not be inconsist- combinati on thereof which encompasses the en- ent with, nor more restrictive than, such national tire sign, including border and trim but exclud- standa r ds as may be promulgated from time to ing supports The profile of a building is time by the secretary of transportation of the bounded by the outer edges of its structure as United States under 23 U . S .C .. 131 (c) . they appear to an observer positioned in the area (b) Signs advertising the sale or lease of to which the sign is directed . property upon which they are located if such (d) Signs located in business areas on March signs comply with rules of the department .. 18, 1971 (e) Signs to be erected in business areas (c) Signs advertising activities conducted on the property on which they are located if such subsequent to March 18, 1972 which when signs comply with applicable federal law and the erected will comply with sub . (4) , (f) Signs located in urban ar eas outside the June 1961 agreement between the department adjacent area . and the federal highway administrator relative (g) Landmark signs lawfully in ex i stence on to control of advertising adjacent to interstate October, 22, 1965 . . highways . . Additionally, any such sign located (h) Signs outside the adjacent area which are outside the incorporated area of a city or village not erected with the purpose of their message shall comply with the following criteria : being read from the main-traveled way of an 1 . . An activity may be permitted one sign interstate or primary highway . exposure visible and designed to be read from (4) SIGN CRITERIA, The department shall each direction of travel on the interstate or effectively cont r ol or cause to be controlled, the primary highway . erection and maintenance of outdoor ' advertising " 2 . In addition to any sign permitted under signs, displays and devices that are erected sub- subd ; 1, an activity may be permitted one sign sequent to March 18, ' 1972 in all business areas .. exposure located on or- within 50 feet of the W henever a bona fide county or local zoning building in which the advertised activity is pri- authority has made a determination of custom- marily conducted or, managed .. For, purposes of ary use, as to size, lighting and spacing such this subdivision, all signs located on and within determination may be accepted in lieu of con- the profile of the building in which the adver- trols by agreement in the zoned commercial and tised activity is primal ily conducted or managed industrial areas within the geographical juris- shall be considered as one sign exposure . . diction of such authority. . In all other business 2m , In addition to any sign permitted under' areas, the criteria set forth below shall apply: subds. I and 2, an activity may be permitted any (a) Size of signs shall be as follows : number of signs not designed to be read from the 1 , The maximum areas fo r any one sign shall interstate or p r imary highway and not exceeding be 1,200 square feet with a maximum height of 75 square feet in aggregate area, whose purpose 30 feet and maximum length of 60 feet, inclusive is to direct or control traffic which has already of any border and trim but excluding the base or entered the property on which the adve r tised apron, supports and other structural members.. activity is conducted 2 . The areas shall be measured by the . small- est square, rectangle, triangle, circle or combi .• 3 : No sign exposure permitted under subd . 1 nation thereof' which will encompass the entire may exceed 500 square feet in area, No sign sign . exposure permitted under subd . 2 may exceed 3 . The maximum size limitations shall apply 200 square feet in area . n to each side of 'a sign structure and signs may be 4 . No sign more than 50 feet from the adver- placed back-to-back, side-by-side, or in V-type y tised activity may be located adjacent to or construction with not more than 2 displays to within 500 feet of an interchange, intersection at d each facing, and such sign structure shall be grade, or safety rest ar ea of an interstate high- considered as one sign , way or ' freeway on the federal-aid primary sys- (b) Signs may be illuminated, subject to the tem, The 500 feet shall be measured along the following restrictions: inter state or freeway from the beginning or, 1 ,. Signs which contain, include, or are illumi- ending of pavement widening at the exit from or nated by any flashing, intermittent, or moving entrance to the main-traveled way . light or lights are prohibited, except those giving 5 . Distance fr om the advertised activity shall public service information such as time, date, be measured from the building in which the temperature, weather; or similar information . . advertised activity is primarily conducted or- d 2 .. Signs which are not effectively shielded as managed,. If there is no building, measurements t to prevent beams or rays of light from being shall be made fr om the parking area for the directed at any portion of the traveled ways of activity .. The area of a sign shall be measured by the interstate or federal-aid primary highway the smallest square, rectangle, triangle, circle or and which are of such intensity of be illiance as to Electronically scanned images of the published statutes. 84.30 TRUNK HIGHWAYS 2118 cause glare or to impair the vision of the driver existence on March 18, 1972 but which do not of any motor vehicle, or which otherwise inter- conform to the requirements herein are declared f'ete with any driver 's operation of a motor nonconf'orming and shall be removed by the end vehicle are prohibited . of the 5th year from said date . 3 No sign shall be so illuminated that it (b) A sign lawfully erected after Match 18, interferes with the effectiveness of', or obscures 1972 and which subsequently does not conform an official traff ic sign, device, or signal . to this section shall be removed by the end of ' the (c) Spacing of signs shall be as follows : 5th year after it becomes nonconf'orming . 1 . On interstate and federal-aid .d primary (c) Should any commercial or industrial ac- highways signs may not be located in such a n tivity, which has been used in def i ning or de- r manner as to obscure, or otherwise physically lineating an unzoned area, cease to operate, the interfere with the effectiveness of an off i cial unzoned area shall be redefined or redelineated traffic sign, signal, or device, obstruct or physi- based on the remaining activities . . Any signs cally interfere with the driver's view of ap- located within : the farmer unzoned area but proaching, merging, or intersecting traffic located outside the unzoned area, based on its 2 On interstate highways and freeways on new dimensions, shall become nonconforming . the federal-aid primary system no 2 structures (d) The department shall give highest prior- shall be spaced less than 500 feet apart . . Outside ity to the removal or relocation of ' signs advertis- of incorporated villages and cities, no structure ing products of general availability in commer- may be located adjacent to or within 500 feet of cial channels when such signs fail to conform an interchange, intersection at grade, or safety under this subsection .. rest area Said 500 feet shall be measured along (6) . Just COMPENSATION, Just compensation the interstate or freeway from the beginning or shall be paid upon the removal or r elocation on ending of pavement widening at the exit from or or after March 18, 1972. . of ' any of the following entrance to the main-traveled way . signs which are not then in conformity with this 3 On nonf 'seeway federal-aid primary high- section : ways outside incorporated villages and cities, no (a), Signs lawfully in existence on March 18, 2 structures shall be spaced less than 300 feet 1972 . .: apart Within incorporated villages and cities, no 2 structures shall be spaced less than 100 feet (b) Signs lawfully in existence on land ad- joining any h ighway made an interstate or pri- apart 4 The spacing between structures provisions mary highway after March 18, 19 '72 .. in subds. 1, 2 and 3 do not apply to structures (c) Signs lawfully erected on or after March separated by buildings or other obstructions in 18, 1971 such a manner that only one sign-facing located (7) MEASURE . The just compensation re- within the spacing distances in subds . 1, 2 and .3 quired by sub .. (6) shall be paid for the is visible from the highway at any one time . . following : 5 a . Official and on-premises signs, as de- (a) The taking from the owner of such sign, fined in 23 U S C:, 131(c) , and structures that all right, title and interest in and to the sign and are not lawfully maintained shall not be counted his leasehold relating thereto, including sever- nor shalll measurements ' be made from them for ance damages to the remaining signs which have purposes of determining compliance with spac- a unity of use and ownership with the sign taken, ing requirements . shall be included in the amounts paid to the b: The minimum distances between struc- respective owner ' , excluding any damage to fac- tures shall be measured along the nearest edge tories involved in manufacturing, erection, of' the pavement between points directly opposite maintenance or servicing of any outdoo r adver- the signs along each side of the highway and tising signs or displays . shall apply only to structures located on the (b) The taking of the right to erect and e same side of - the highway maintain such signs thereon from the owner of (d) 1 . Signs shall not be erected or main- the real property on which the sign is located . tained which imitate or resemble any official (8) AGREED PRICE . Compensation required traffi c sign, signal or device . under subs . .. (6) and (7) shall be paid to the 2 . Signs shall not be erected or maintained person entitled thereto , If the department and upon trees, or painted or drawn upon rocks or the owner reach agreement on the amount of other natural featu r es, except landmark signs .. compensation payable to such ownerr in respect 3 . Signs' shall not be erected or maintained to any removal or, relocation, the department which are structurally unsafe or in substantial may pay , such compensation to the owner and disrepair thereby require or terminate the owner ' s rights (5) NONCONFORMING SIGNS .. (a) Signs or interests by purchase.. If' the department and outside of business areas which are lawfully in the owner do not reach agreement as to such Electronically scanned images of the published statutes. 2119 TRUNK HIGHWAYS 84 . 30 amount of compensation, the department or (11) DEPARTMENT REMOVAL . Any sign owner may institute an action to have such r erected in an ad j acent area after Mar ch 18 , compensation determined under s . 32 .05 r 1972 , in violation of this section or the r ules promulgated under this section, may be removed (9) SIGN INFORMATION . On and after March by the department upon 60 days' prior notice by 18, 1972 all signs, or structures ` on which there l registered mail to the owner thereof and to the are displays, shall have stated thereon the names owner of the land on which said sign is located , and addresses of the owner thereof, and the date unless such sign is brought into conformance h of its erection ; but if the add r ess of the owner is within said 60 days . No notice shall be required on file with the department it need not be stated to be given to the owner of a sign whose name is thereon .. not . stated on the sign or on the structure on (10) LICENSE REQUIREMENT . (a) On or after which it is displayed , or whose address is not January . 1, 1972, no person shall engage or, stated thereon or is not on file with the continue to engage in the business of outdoor department . advertising in areas subject to this section with- (12) FEDERAL COMPLIANCE . The depart- out first obtaining a license therefor from the ment on behalf of the state is authorized and department . The fee for the issuance of a license directed to seek agreement with the secretary of or for the renewal thereof shall be $230 payable transportation of ' the United States acting under h in advance . . Each license shall remain in force the provisions of 23 U . S C . 131, as amended , until the next succeeding December 31 and may that the provisions of this section are in conform- be renewed annually . ance with that federal law and provide effective (b) Application for license or a renewal control of outdoor advertising signs as set forth thereof' shall be made on forms to be furnished therein by " the department, shall contain such informa- (13) FEDERAL FUNDS, The department may tion as the department requires and shall be accept any allotment of funds by the United verified under oath by the applicant of an autho- States, or any agency thereof, appropriated to rized officer or, agent . . Renewal applications carry out the purposes of 23 U . S .C . 131, as shall ` be filed on or before the December 1 amended, from time to time. The department preceding the expiration date : Upon receipt of shall take such steps as are necessary from time an application containing all required informa- to time to obtain from the United States, or, the tion, in due form and properly executed, to- y , appropriate agency thereof, funds allotted and gether with any bond required by _pai (c) and appropriated, under 23 U . S . C 131 for the pur- upon payment of the required license fee, the poses of of'paying federal government's 75 % of department shall issue a license to the applicant the just compensation to be paid to sign owners or renew the existing license and owners of real property under 23 U . S . C . . 131 (c) No license to engage or, continue to (g) and this section , engage in the business of outdoor advertising (14) DEPARTMENT xvt,ES. The department shall be granted to any applicant who does not may promulgate rules deemed necessary to im- reside in this state or, in the case of a f 'or'eign plement and enforce provisions of this section . d corporation not authorized to do business in this The department shall promulgate rules to re- state' until such applicant files with the depart- strict the er ection and maintenance of " signs as to ment a bond payable to the state and with a their lighting, size, number and spacing when d surety approved by the attorney general, in the such signs are visible from the highway but sum of $5;000 conditioned upon the licensee outside the adjacent area .. The department shall observing and fulfilling all applicable provisions by rule establish a priority system for- the re- of this section Upon default thereof the depart- moval or relocation of all signs which fail to ment may enforce the collection of such bond in conform under sub . . (5) and which are not any court of competent jurisdiction . The bond covered under sub . (5) (d), and shall submit shall remain in effect so long as any obligation of any such rule to the legislature under s . 1,3 : 565 o (2) . such licensee to the state remains unsatisfied . (d) The department . may, after; a hearing (15) FUNDS REQUIRED Despite any contrary with 30 days' prior written notice to the licensee, provision 'in this section no sign shall be required revoke the license if the department finds that to be removed unless at the time of removal the licensee has knowingly made false state- there are sufficient funds, from whatever source, ments in the application or is violating this appropriated and immediately made available section ; Such revocation shall not become effec- to the department with which to pay the just tive if within 30 days after written notice of the compensation - required and unless at such time findings has been given to the licensee, heor she the federal funds, required to be contributed to corrects such false statement or, terminates any this state under 23 U . S . C . . 131 have been appro- such violation . priated and are immediately available to the Electronically scanned images of the published statutes. 84.30 TRUN K HIGHW A YS 2120 state for the payment of compensation which is (b) "Illegal junkyard" means a junkyard eligible for federal participation . which is established, expanded or maintained in (16) SE V E x A Si L.ir Y . If any provision or violation of any statute or rule promulgated clause of this section or application thereof ' to thereunder or local ordinance . any person or circumstances is held invalid, such (c) "Industrial activities" mean those activi- invalidity shall not affect other provisionss or ties generally recognized as industrial by local applications of the section which can be given zoning author ities in this state, including scrap effect without the invalid provision or applica- metal processors , except that none of" the follow- tion, and to this end the provisions of this section ing activities shall ' be considered industrial : are declared to be severable If any portion of 1 Agricultural, forestry, ranching, grazing, this section is found not to comply with federal farming and similar activities, including, but not law and federal billboard removal compensation limited to wayside fresh produce stands .. that portion shall be void without affecting the 2 . Activities normally or regularly in opera- validit y of other p rovisions of the section .. tion less than 3 months of the year . (17) TRANSPORTATION FUND . . All fees col- 3 . Transient or temporary activities .. lected for the issuance of permits provided for 4 Activities not visible from the main- under this section shall be paid into the transpor- traveled way tation fund . 5 Activities more than 300 feet from the (18) HEARINGS ; TRANSCRIPTS . H ea rin gs nearest edge of the right-of '-way .. concerning sign removal notices under sub.. (11) 6 . Railroad tracks and minor sidings . or the denial or revocation of a sign perm i t or 7 . Activities conducted in structures which license shall be conducted before the transporta- are principally used for residential purposes n tion commission as are hearings in contested 8 Junkyards, excluding scrap metal cases under ch 227 . . The decision of the trans- r processors portation commission is subject to judicial re- (d) ``Interstate highway" means any high- view under ch 227 .. Any person requesting a way at any time officially designated as a part of transcript of the proceedings from the commis- the national system of interstate and defense sion shall pay $1 per page for the transcript . highways by the department and approved by 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) the appropriate authority of the federal Outdoor sign regulation in Eden and Wisconsin . Larsen, gove rnment 1972 WLR 153 Persons in the business of erecting on-premise signs are (e) "Junk" means any old or scrap metal, subject to the licensing requirement of (10) (a) . 66 Atty. . metal alloy, synthetic or organic material, or Gen .. 295 waste, or any junked, ruined, dismantled or wrecked motor veh icle or machinery, or any part 84. 31 Regulation of Junkyards . (1) DEC- thereof LARATION OF PU RPOS E ; PUBLIC NU ISAN CES ., In (f) " :Junkyard" means any place which is order to promote the public safety, health, wel- owned, maintained, operated or used for storing, fare, convenience and enjoyment of public keeping, processing, buying or selling , junk, in- travel, to protect the public investment in public cluding refuse dumps,, garbage dumps, automo- highways, to preserve and enhance the scenic bile graveyards, scrap metal processors, auto- beauty of lands bordering public highways, to wrecking ,yards, salvage yards, auto-recycling attract tourists and promote the prosperity, eco- yards, used auto parts yards and temporary nomic well-being and general welfare of` the storage of automobile bodies or parts awaiting state, it is declared to be in the public interest to disposal as a normal part of a business operation regulate and restrict the establishment, opera- when the business will continually have like tion and maintenance of junkyards in areas materials located on the premises, and sanitary adjacent to interstate and primary highways landfills ,: The definition does not include litte r , within this state . All junkyards in violation of trash, and other debris scattered along or upon this section are declared public nuisances . the highway, or temporary operations and out- (2) DEFINITIONS . In this section : door storage of limited duration . (a) "Automobile graveyard" means an es- (g) "Primary highway" means any highway, tablishment or place of business which is main- other than an interstate highway, at any time tained, used, or operated for storing, keeping, officially designated as part of the federal-aid buying or selling wrecked, scrapped, ruined or primary system by the department and approved dismantled motor vehicles or, motor vehicle by the appropriate authority of the federal parts . . Ten or, more such vehicles constitute an government. ~~ automobile graveyard (h) "Screened" means hidden from view in a (am) "Department" means the department manner compatible with the surrounding of transportation . environment . Electronically scanned images of the published statutes. 2121 TRUNK HIGHWAYS 84 .31 (i) "Scrap metal processor" means a fixed (b) A ,junkyard has a nonconforming status location at which machinery and equipment are only to the extent that it is not in compliance utilized for the processing and manufacturing of with this section or rules adopted under this iron, steel or nonferrous metallic scrap into section or rules related to screening adopted prepared grades and whose principal product is under s 144 43 (1) at the time this section or scrap iron, scrap steel or nonferrous metal scrap rules adopted under it or under s.. 144 .43 (1) for sale for remelting purposes . . become applicable to the junk ,yard . A junkyard (j ) "Unzoned industrial areas" mean those retains its nonconforming status as long as it is areas which are not zoned by state law or local not abandoned, destroyed or discontinued, or ordinance, and on which ther e is located one or extended, enlarged or substantially changed, or more permanent structures devoted to an indus- otherwise altered so as to be in violation of any trial activity other than scrap metal processing state statute o r r ule or local ordin ance. A or on which an industrial activity other than junkyard is presumed to be abandoned if' inae- scrap metal processing, is actually conducted tive for more than one yea r . whether, or not a permanent structure is located (c) Every nonconforming junkyard shall be thereon, and the area along the highway ex- screened, relocated , removed or disposed of tending outward 800 feet from and beyond the within 5 years after it becomes nonconforming . edge of such activity. Each side of the highway The department shall cause nonconforming will be considered separately in applying this junkyards to be screened, relocated, removed or definition .. All measurements shall be from the disposed of in accordance with this section and outer edges of the regularly used buildings, rules adopted under this section . . parking lots, storage or processing and land- (d) The department may contract for such scaped areas of the industrial activities, not from services and acquire such property or interests the property line s of the activities, and shall be therein as are necessary to accomplish the along or parallel to the edge or pavement of the screening, relocation, removal or disposal of a highway . . nonconforming junkyard Acquisition may be (k) "Zoned" includes the establishment of by gift, purchase, exchange or the power of districts without restrictions on use . eminent domain under ch . .32 . Acquired prop- erty may be sold or otherwise disposed of by the (I) "Zoned industrial area" means any area zoned industrial by a state law o f local department as it deems proper . Disposal of property acquired under this section is not sub- ordinance . ject to approval by the governor or other state (3) JUNKYARDS; PROHIBITION ; EXCEPTIONS. agency . . No person may own, establish, expand or main- (e) If a junkyard is screened by the depart- tain a junkyard, any portion of which is within ment, the department shall retain title to the 1,000 feet of the nearest edge of the right-off '-way screening material where practicable , but the of any interstate or primary highway, except the owner and operator of the junkyard shall main- following : tain the screening . . Any owner or operator who (a) Those which are not visible from the fails to maintain the screening is subject to the main-traveled way of an interstate or pr imary penalty under sub .. (6) (c), highway. .. (5) AVAILABILITY OF FUNDS .. Any other pro- (b) Those which are screened so as not to be vision of this section to the contrary notwith- visible from the main-traveled way of an inter- standing, no nonconforming junkyard is re- state or prima r y highway ,. quired to be screened, relocated, removed or, e (c) Those which are located in a zoned or disposed of by the department unless there are unzoned industrial area . sufficient state funds appropriated and available ( 4) NONCONFORMING JUNKYARDS; SCREEN- to the department for such purposes and unless ING ; REMOVAL, (a) A nonconforming junkyard federal funds have been appropriated and are is any junkyard which : immediately available to the state for the pur- 1 ., Was lawfully established and maintained pose of federal participation required under ' 23 6 prior to June 11, 1976 but which does not U . S C 1 .36.. comply with this section or rules adopted under ' (6) ILLEGAL .JUNKYARDS . . (a) If 'a junkyard this section . A junkyard shall be considered is an illegal junkyard but not a nonconforming nonconforming under ' this section even if it was junkyard, the department shall give the owner ' or, maintained in violation of rules related to operator thereof notice of the illegal status of the screening adopted under' s . 144, 43 (1) . . y junkyard . The notice shall specify the respects 2 . Is lawfully established on or after June 11, in which the ,junkyard is illegal and shall state l 1976, but which"' subsequently does not comply that unless the junkyard is brought into compli- with this section or rules adopted under this ance with the law within 30 days at the expense section . of the owner or operator, the department shall Electronically scanned images of the published statutes. 84 .31 TRUNK HIGHWAYS 2122 take one or more of the courses of action autho- for all expenses, including administrative ex- rized in par ' . . (b) . The notice shall inform the penses, incurred by the other state agency in owner or operator that if he or she requests a t connection with h the screening, relocation, ie- hearing on the matter in writing within the 30- moval or disposal of',junkyards under the author- day period, a hearing shall be conducted by the ity assigned to the other state agency . . transportation commission under, s . 227 .07 . Re- (9) OTHER L .nws . . Nothing in this section quests for- hear i ngs shalll be served on the depart- shall be construed to abrogate or affect any law ment and the transportation commission . or ordinance which is more restrictive than this (b) If' the owner or operator of a junkyard is section . The provisions of this section are in given notice under par. (a) and does not bring addition to and do not supersede the require- the ,junkyard into compliance within 30 days and ments under ss . 59 .07 (38), 144 .43 to 144 44, a hearing is not requested, or does not b r ing the 175 .25 and 218 :20 to 218 . .2 .3, or rules or ordi- junkyard into compliance after a hearing on the nances adopted, thereunder, which apply to junk- matter and a determination that compliance is yards . Provisions of this section apply to any required, the department may, in addition to any junkyard licensed or permitted by a local unit of other remedies available under law : government or another state agency . 1 . Petition a court of appropriate jurisdiction Historgi 1975 c 340 ;197'7 a; 29 ss ; 947, 1654 (8) (a), 1656 to, and such court shall, issue an order compel- (43) ;-1977 c : 377 s . 30. ling compliance. 2 r Enter upon the land where the j unkyard is 84 . 40 Department ; relation to nonprofit located and relocate, remove or dispose of the corporations. (1) As used in this section, junkyard and collect the cost of relocation, unless the context requires otherwise : removal or disposal from the owner or operator (a) "Existing highways and other improve- of the j unkyard, who shall be jointly and sever- ments," in relation to any conveyance, lease or, ally liable for such costs . sublease made under sub . (2) (a), (b) and (c), 3 . Request the district attorney to commence means any portion of the national system of an action to collect the forfeiture under par . (c) . . interstate and defense highways in this state, (c) Any person who owns, establishes or- including all bridges, tunnels, overpasses, under- maintains a junkyard in violation of this section passes, interchanges, lighting, approaches, sign- or any rule adopted under this section and which ing, weighing stations, administration, storage is not a nonconforming j unkyard may be re- and other buildings, facilities of appurtenances quired to forfeit not less than $25 nor more than which in the judgment of the department are $1,000 for each of'f'ense.. Each day in violation needed or useful for, interstate highway pur- constitutes a separate offense .. poses, and all improvements and additions ` (7) RU LE S The department may adopt rules thereto which were erected, constructed or in- to accomplish the purposes of this section and to stalled prior- to the makingg of such conveyance, comply with the requirements of 23 U . S . C . 136, lease or sublease.. as amended, and rules and guidelines adopted (b) "New highwayss and other improve- thereunder, In interpreting this section, the ments," in relation to any conveyance, lease or department may be guided by federal law and sublease made under sub . (2) (a), (b) and (c), interpretations approv ed by appropriate author- means anyy portion of the national system of ities of the federal government.. interstate and defense highways in this state, (8) AGREEMENTS . (a) The depa r tment may including all bridges, tunnels, overpasses, under- enter into agreements with the designated au- passes, interchanges, lighting, approaches, sign- thority of the federal government relating to the ing, weighing stations, administration, storage control of j unkyards and may take such action and other buildings, facilities or, appurtenances as is necessary to comply with the terms of such which in the judgment of the department are agreements, needed or useful for- interstate highway pur- (b) The department " and another state poses ; and all improvements and additions agency may enter into agreements for the pur- thereto or, to existing interstate highways and pose of assigning to the other state agency the other, 'improvements which are erected, con- responsibility for the administration of this sec- structed or installed after the making of such tion and rules adopted under this section . . To the conveyance, lease or sublease .' extent responsibility for administration is as- (c) "Nonprofit-sharing corporation" means signed to the other agency under such agree- a nonstock corporation which was in existence ments, the other state agency shall have the on May 1, 1967 and was organized under ch . same powers and duties conferred on the depart- 181 or corresponding prior general corporation ment' under this section . The department shall laws . P reimburse the other state agency from the ap- (2) In order to provide new highways or propriation under s.. 20395 (3) (sd) and (sx) improve existing highways and to enable the Electronically scanned images of the published statutes. 212.3 TRUNK HIGHWAYS 84 .4 1 construction and financing thereof', to refinance (g) May pledge and assign, subject to avail- any indebtedness created by a nonprofit corpo- able appropriations, all moneys provided by law ration for new highways or making additions or for the purpose of the payment of rentals pursu- improvements to existing highways located on ant to leases and subleases entered into under public right of way available for highway pur- par . (c) as security for the payment of rentals poses or on lands owned by the nonprofit corpo- due and to become due under any lease or ration, or for any one or more of said purposes, sublease of such highways and other improve- but for- no other purpose unless authorized by ments made under par . (c) . law, the highway commission : (h) 'Shall, upon receipt of notice of any (a) May sell and convey to a nonprofit- assignment by any such corporation of any lease sharing corporation any public right of way or sublease made under par : (c), or of any of its available for, highway purposes and any existing rights under' any such lease or sublease, recog- highways or other' improvements ther eon owned nize and give effect to such assignments, and pay by the state or under the jurisd i ction of the to the assignee thet`eof'rentals or other payments department for such consideration and upon then due or which may become due under any such terms and conditions as the department such lease or sublease which has been so as- deems in the public interest.. signed by such corporation . (b) May lease to anonprofit-sharing corpo- (i) May purchase and acquire from such ration, fbr te r ms not exceeding 30 years each, nonprofit-sharing corporation any right of way any public right of way available for highway available for highway purposes and any new purposes and any existing highways or improve- highwayss and other improvements for which merits thereon owned by the state or under the leases and subleases have been executed pursu- h jurisdiction of the ;department upon such terms, ant to par . (c) upon such terms and conditions conditions and rentals as the department deems as the department deems in the public interest . in the public interest . (c) May lease oi' sublease from such (3) All lease and sublease agreements exe- nonprofit-sharing corporation, and make avail- cuted under this section and all contracts en- able for public use, any such public right of way tered into pursuant- to the lease and sublease available for highway purposes and existing agreementss shall be processed, governed by and highways and other improvements conveyed or performed in accordance with all applicable leased to such corporations under pans . (a) and statee and federal laws and regulations . Sections (b ) , and any new highways or other improve- 66 ..29, 84 . .015, 84 03 and 84 06 are applicable to ments constructed upon such public right of way all contractual instruments for the construction available for- highway purposes or upon any of highway projects subject to lease and sublease other land owned by such corporation, upon in the same mannerr as they are applicable to the such terms, conditions and rentals, subject to department. available - appropriations, as the department (4) All conveyances, leasess and subleases deems in the public interest . With respect to any made under this section shall be made, executed property conveyed to such corporation under and deliver ed in the name of the department and par . . (a), such lease from such co r poration may signed by the secretary of the secretary's e be subject or subordinated to one or more mort- designees . gages,af such property granted by such Hi s t or y : 1977 c 29 ss 948, 1654'(8) (a) . corporation (d) Shall enter into lease and sublease agree- 54. 41 State liability ; applicable laws ; tax ments under par . (c) fbr highway projects only exemption ; securing of federal aids . (1 ) when the projects meet the department's stan- LIABILITY .OF STATE The state shall be liable for dard specifications for road and bridge con- accrued rentals and f'or any other default under' struction and when arrangements are made that any lease or sublease executed under s 84 40 all construction be under' the direct supervision and may be sued therefor on contract as in other of the department . contract actions pursuant to ch 285, but it shall (e) May establish, operate and maintain not be necessary f'or the lessor under any such highways and other improvements leased or lease or sublease or any assignee of'such lessor or subleased under par . (c) any person or other legal, entity on behalf of'such (f) Shall submit the plans and specifications lessor to file any claim with the legislature prior for all such new highways or other improve- to the commencement of any such action .. How- merits and all conveyances, leases and subleases ever, the corporation or bondholders may not and purchase agreements made under this sub- reenter, or take possession of the highway land, section to the'governor -f"ar- appr oval before they easements or structures by reason of any default are finally adopted, executed and delivered . in the payment of rent or for any other reason, Electronically scanned images of the published statutes. 84 .41 TRU N K HIG HWAYS 2124 (2) APPLICATION OF STATE LAWS .. All laws of proposed Bay freeway and no funds shall be used this state including those pertaining to the regu- for, the "Augusta Bypass" project in Eau Claire lation of motor vehicles and highways, shall county .. Nothing in this section shall be con- apply to the proj ects subject to lease and sub- strued so as to allow the redevelopment of state lease executed under s . 84,40 trunk highway 83 in Washington and Waukesha (3) EMPLOYMENT REGULATIONS, Employ- counties . . U .S, numbered highway 16 from ment regulations set forth in s . 10 .3 . . 50 pertain- Tomah to the interchange with 1-90 east of ing to wages and hours shall apply to all p rojects Sparta shall be retained as part of the state constructed under, s . 84 . 40 in the same manner highwayy system in the same route as in use on as such laws apply to projects on other state November 1, 1969 .. The improvement project highways . Where applicable , the federal wages for state trunk highway 23 from Sheboygan to and hours law known as the Davis .• Bacon act Fond du Lac shall be undertaken as swiftly as shall apply, practicable . (4) CONTRACTOR'S LIENS ; PERFORMANCE (3) It is the intent of the legislature that state AND PAYMENT BONDS . The provisions of s, debt not to exceed $15,000,000 shall be incurred 289 .15 pertaining to contractor's liens and re- for the acquisition, construction, reconstruction, lated matters, and s . 289 .14 relating to perform- resurfacing, development, enlargement or im- anceand payment bonds , shall apply in the same provement of the connecting highway facility manne r as such law applies to other state high- known as-the . 27th Street viaduct in Milwaukee way construction projects . county,. (5) TAX EXEMPTION . All lands leased and re- His tory : 1971 c . 40, 202, 264, 307; 1973 c 90 ; 19'17 c . . 29 . leased under any approved ' project shall be ex- empt from taxation . . 84. 52 Construction of intrastate and In- (6) No STATE DEBT CREATED ., Nothing con- terstate' briclges . (1) The secretary, with the tained in this section or s, 84.40 shall create a approval of the governor and subject to the debt of the state . limits of s . 20,866 (2) (ug), may direct that (7 ) SECURING OF FEDERAL AIDS . The depart- state debt be contracted for the construction of ment shall do all things necessary to secure bridges as set forth in sub . (2) and subject to the federal aids in carrying out the purposes of this limits set therein . . Said debts shall be contracted section and s .. 84 .40 . in accordance' with ch . 18 . History: 1977 c 29 s . . 1654 (8) . (a) . `(2) It is thee intent of the legislature that state debt not to exceed $46,849,800 may be incurred 84 .42 Limitations on bonding. The depart- for the construction or reconstruction of intra- ment's authority to act under ss . 84,40 and 84.41 state bridges as provided by s . 84, 11 and inter- n is limited to completion of highway 1-94 be- state bridges as provided by s .. 84 ..12 . . Construc- tween Tomah and Eau Claire, the interstate tion under this subsection shall be in accordance bridge, including the approaches, on highway with the bridge needs of the state as determined 1-94 at Hudson and highway 1-90 between in the biennial budget and annual review bills, . Tomah and La Crosse , History: 1973 c . 333 ; 1977 c . 29 History: 1977 c .. 29 s 1654 (8) (a) . 84 . 53 Matching of federal aid . (1) The 84.51 Construction of state highways. secretary with the approval of the governor, (1) The secretary with approval of the governor subject to the limits of s . 20,866 (2) (ut), may and subject to the limits of s . 20 . 866 (2) (ur) direct that state debt be contracted for the and (us) ' may direct that state debt be con- matching of federal aid as set forth in sub . . (2) tracted for the purposes set forth in subs „ (2) and subject to the limits set therein . . Said debt and (3) subject to the limits set forth in subs .. shall be contracted in accordance with ch . 18 . . (2) and (3) . Said debts shall be contracted in (2) It is the intent of'the`legislature that state accordance vbith ch . 18 . debtnot to exceed $10,000,000 may be incur'r'ed (2) It is the intent of" the legislature that state for the purpose of matching federal aid for thee debt not to exceed $185,000 ,000 for the con- construction of highway facilities .. struction of highways be appropriated over a 6- History: 1973 c 333; 1977 c 29 year period except that if funds allocated to any project hereunder are not used for such project 84 . 60 Bikeways. (1) In this section : or if additional highway construction funds are (a) "Bikeway" means a public path, trail, made available hereunder, they shall first be lane of other way, including structures, tra ffic used for development of state trunk highway 45 control devices and relatedd support facilities and m from the intersection with .h highway 41 to and parking areas, designated for use by bicycles and including the West Bend bypass, and except that other vehicles propelled by human power' .. The no funds shall be used for the construction of the term also includes "bicycle lane" as defined in s . Electronically scanned images of the published statutes. 2125 TRUNK HIGHWAYS 84. 60 340 01 (5e) and "bicycle way" as defined in s ( 2) The department may establish a bikeway 340,01 (Ss), separately or in conjunction with any existing highway.. 3) Bikeways established under this section (b) "Highway" means any state trunk high- ( shall be considered highways for- the purposes of way, national parkway, expressway, interstate ss . 84 ..06, 84 .07 and 84 099 highway or freeway . History: 1977 c 29.