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 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
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  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 .
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  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
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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.

				
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