Register January 2012 No. 673
Chapter Trans 202
WISCONSIN SCENIC BYWAYS PROGRAM
Trans 202.01   Purpose and scope.
Trans 202.02   Definitions.
Trans 202.03   Previously designated scenic byways.
Trans 202.04   Scenic byways advisory committee membership.
Trans 202.05   Qualifications for scenic byway designation.
Trans 202.06   Application procedure.
Trans 202.07   Reviewing and monitoring of Wisconsin scenic byways.
Trans 202.08   Jurisdiction and authority.
Trans 202.09   Maintaining and improving a state scenic byway.
Trans 202.10   Traffic control devices and route markings.
Trans 202.11   Outdoor advertising.
Trans 202.12   National scenic byways program.
Trans 202.13   Modification or withdrawal of Wisconsin scenic byways designation.
Trans 202.01 Trans 202.01Purpose and scope.
Trans 202.01(1) (1) As required by s. 84.106, Stats., this chapter establishes a Wisconsin scenic byways program. This chapter establishes the criteria and procedures to be used by the secretary to designate portions of the state trunk highway system as a scenic byway when the highway corridor possesses unusual, exceptional, or distinctive scenic features.
Trans 202.01(2) (2) The purpose of this chapter is to identify, designate, promote and preserve a system of state trunk highways recognized for their outstanding scenic views and ability to offer travelers an exceptional travel experience. These byway corridors shall highlight the best scenic qualities along with the natural, historic, archeological, cultural and recreational opportunities available in Wisconsin. Program participation may increase roadway corridor recognition, increase marketing potential, promote community consensus building, aid in preservation of resources, and increase eligibility for federal or state funding for certain byway related projects along the corridor.
Trans 202.01 History History: CR 04-057: cr. Register February 2005 No. 590, eff. 3-1-05.
Trans 202.02 Trans 202.02Definitions. The words and phrases defined in s. 340.01, Stats., have the same meaning in this chapter unless a different definition is specifically provided. In this chapter:
Trans 202.02(1) (1) “Action items" mean the specific activities, procedures, controls, operational practices and administrative strategies that are undertaken as part of a corridor management plan to maintain and promote the scenic, historic, recreational, cultural, archeological and natural qualities of the scenic byway.
Trans 202.02(2) (2) “All-American Road" means a public highway that has been designated by the federal government as satisfying national scenic byway criteria and the additional criteria and requirements for designation as an “All-American Road."
Trans 202.02 Note Note: A road should first be designated as a state scenic byway before national designation may be pursued. The criteria are set forth in the interim policy for the National Scenic Byway Program published in the Federal Register on May 18, 1995, at page 26759 of Vol. 60, No. 96.
Trans 202.02(3) (3) “Corridor" means the highway right-of-way and the area adjacent to and extending along the right-of-way that is visible from the roadway of a designated Wisconsin scenic byway.
Trans 202.02(4) (4) “Corridor management plan" or “CMP" means a written document authored by the local government sponsor that serves as the coordinating plan by which the scenic, historical, recreational, cultural, archeological and natural qualities on a designated byway are maintained and promoted.
Trans 202.02(5) (5) “Great River Road" has the meaning provided in s. 84.107, Stats.
Trans 202.02(6) (6) “Historic resources" mean the distinctive, visible sites or structures that demonstrate an important part of Wisconsin history that can help to educate viewers and help foster an appreciation of the past.
Trans 202.02(7) (7) “Local government" means a county, town, village, city or tribal government.
Trans 202.02(8) (8) “Local government sponsor" means a local government through whose jurisdiction a proposed Wisconsin scenic byway passes or a local government that is adjacent to a proposed scenic byway and that formally initiates the application process.
Trans 202.02(9) (9) “National Scenic Byway" means a public highway designated pursuant to 23 USC 162 as satisfying the federal criteria for a national scenic byway.
Trans 202.02 Note Note: A road should first be designated as a state scenic byway before national designation may be pursued. The criteria are set forth in the interim policy for the National Scenic Byways Program published in the Federal Register on May 18, 1995 at page 26759 of Vol. 60, No. 96.
Trans 202.02(10) (10) “Scenic byways advisory committee" or “SBAC" means the committee appointed by the secretary to review applications from local government sponsors and to recommend to the secretary whether an application for designation of a state trunk highway as a scenic byway should be approved.
Trans 202.02(11) (11) “Scenic qualities" are a combination of natural and manmade features that give remarkable character to the visual landscape, are striking in appearance and provide a pleasing and memorable experience to travelers.
Trans 202.02(12) (12) “Sign" has the meaning provided in s. 84.30 (2) (j), Stats.
Trans 202.02(13) (13) “Traffic control device" means a sign, marking or traffic control signal erected or placed within the right of way of a public highway by the government unit having jurisdiction over the highway for the purpose of guiding, warning or regulating traffic upon the highway.
Trans 202.02(14) (14) “Wisconsin scenic byway" means a state trunk highway or combination of state trunk highways that has special scenic qualities or historic resources and may in addition have special scenic, historic, recreational, cultural, archeological, or natural qualities that is designated as a scenic byway by the secretary pursuant to s. 84.106, Stats.
Trans 202.02 History History: CR 04-057: cr. Register February 2005 No. 590, eff. 3-1-05.
Trans 202.03 Trans 202.03Previously designated scenic byways.
Trans 202.03(1)(1) Any roadway previously designated as a scenic, historic, or recreational route or some combination thereof, either by legislative or by administrative action, may also be designated as a Wisconsin scenic byway upon satisfaction of the administrative process for the Wisconsin scenic byways program pursuant to s. 84.106, Stats.
Trans 202.03(2) (2) The Great River Road was designated by the secretary as a Wisconsin scenic byway under s. 84.106, Stats., on June 24, 1999. The provisions of ss. Trans 202.05, except ss. Trans 202.05 (3) (b), 202.06 and 202.07 do not apply to the Great River Road.
Trans 202.03 History History: CR 04-057: cr. Register February 2005 No. 590, eff. 3-1-05.
Trans 202.04 Trans 202.04Scenic byways advisory committee membership.
Trans 202.04(1)(1) The SBAC shall consist of all of the following:
Trans 202.04(1)(a) (a) One representative from each of the following state agencies nominated by the respective agency and appointed by the secretary:
Trans 202.04(1)(a)1. 1. Wisconsin department of tourism.
Trans 202.04(1)(a)2. 2. Wisconsin department of safety and professional services.
Trans 202.04(1)(a)3. 3. Wisconsin department of natural resources.
Trans 202.04(1)(a)4. 4. Wisconsin state historical society.
Trans 202.04(1)(b) (b) Four members at large appointed by the secretary.
Trans 202.04(1)(c) (c) The chairpersons of the senate and assembly standing committees having jurisdiction over transportation matters as determined by the speaker of the assembly and the president of the senate.
Trans 202.04(2) (2) The state agency representatives and the members at large shall be appointed by the secretary in staggered 4-year terms.
Trans 202.04 History History: CR 04-057: cr. Register February 2005 No. 590, eff. 3-1-05; correction in (1) (a) 2. made under s. 13.92 (4) (b) 6., Stats., Register January 2012 No. 673.
Trans 202.05 Trans 202.05Qualifications for scenic byway designation.
Trans 202.05(1)(1) The majority of the route proposed as a Wisconsin scenic byway shall have scenic qualities or historic resources, which are unique to the route. Scenic qualities or characteristics shall be as continuous as possible throughout the corridor. The majority of historic resources shall be eligible for, or listed on the National Register of Historic Places, be numerous, be visible, and have a setting or character that is complimentary to the historic resources.
Trans 202.05(2) (2) The route shall be on the state trunk highway system and be approximately 30 miles in length at a minimum and, where feasible, provide a completed closure or loop or connect to major highways at both ends of the route. The route may contain municipal streets or highways that the department has designated as connecting highways and that are marked as part of the state trunk highway system.
Trans 202.05(3)(a)(a) A proposed scenic byway route does not include a section of highway that traverses a business area unless the appropriate local government specifically includes the area in the proposed scenic byway route by means of a formal resolution. In unincorporated areas where county zoning is in effect, a resolution of the county board is also required. The proposed route shall be as continuous as possible.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.