2005 - 2006 LEGISLATURE
January 31, 2006 - Introduced by Representatives Honadel, Ainsworth, Albers,
Ballweg, Friske, Gielow, Gronemus, Gunderson, Hahn, Krawczyk, Lehman,
Moulton, Musser, Nerison, Ott, Petrowski, Richards, Sheridan, Shilling,
Staskunas, Stone, Strachota, Towns, Van Roy, Ward, Wood
and Zepnick,
cosponsored by Senators Kanavas, Erpenbach, Breske, Brown, Hansen,
Kapanke, Olsen
and Reynolds. Referred to Committee on Transportation.
AB967,1,4 1An Act to amend 227.43 (1) (bg); and to create 84.305 of the statutes; relating
2to:
maintenance and removal of vegetation obstructing the view of outdoor
3advertising signs along highways under the jurisdiction of the Department of
4Transportation and an audit of a program of the Department of Transportation.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Transportation (DOT) is responsible for
maintenance of the highway right-of-way on highways that, for maintenance
purposes, are under its jurisdiction, which are generally state trunk highways but
do not include connecting highways (state trunk highways). DOT must provide for
the care and protection of trees and other roadside vegetation, including suitable
planting to prevent soil erosion and to beautify the highways. DOT must also cut,
trim, or remove, or allow others to cut, trim, or remove, trees and other vegetation
in order to provide safety to highway users. DOT is also required to establish
procedures for increasing the number of trees planted on state trunk highway
rights-of-way.
Current law also prohibits a person from cutting, trimming, removing, or
injuring any tree or other vegetation within the right-of-way of a state trunk
highway without the consent of DOT. With DOT's approval, an owner of land
adjoining a state trunk highway may plant and maintain trees and other vegetation
on the side of the highway within ten feet of the owner's land, and these trees and
other vegetation may be cut or removed only by the owner or DOT. Under certain

conditions, a person may cut or trim grass within the highway right-of-way without
DOT's consent.
The federal Highway Beautification Act requires states to restrict advertising
along interstate and federal-aid primary highways, which includes state trunk
highways and connecting highways, and current state law incorporates these
requirements. Current law prohibits, with certain exceptions, the erection or
maintenance of outdoor advertising signs (signs) within 660 feet of, or beyond 660
feet but visible (and erected for the purpose of being visible) from, the main-traveled
way of an interstate or federal-aid primary highway. Exceptions to this prohibition
include, with some restrictions, signs advertising activities conducted on the
property on which the signs are located; signs located beyond 660 feet of the highway
in urban areas; and signs located within 660 feet of the highway in certain business,
industrial, or commercial areas.
This bill creates a DOT permit system for the maintenance and removal by sign
owners of vegetation obstructing the view of signs along highways under the
jurisdiction of DOT for maintenance purposes. Under the bill, DOT may issue
permits to sign owners for the trimming, removal, or relocation of vegetation that is
located in the right-of-way of a state trunk highway and that obstructs a sign if,
within various specified distances along the main-traveled way of the highway, the
face of the sign is not viewable because of an obstruction to sight by vegetation in the
highway right-of-way. A permit authorizes the sign owner, or a third-party
contractor employed by the sign owner, to trim obstructing vegetation or remove or
relocate obstructing individual plants to the extent necessary to eliminate the
obstruction and restore an unobstructed view of the sign for the applicable specified
distance along the highway. A permit must specify the vegetation or the portion of
the highway right-of-way to which the permit applies. Each permit must require
a sign owner that removes planted vegetation to either relocate the planted
vegetation or reimburse DOT for the value of the planted vegetation. DOT must
present to the sign owner DOT's calculation of the value of the planted vegetation,
and the sign owner may elect to relocate the planted vegetation or to reimburse DOT
in the amount calculated by DOT. A permit may not authorize: trimming, removal,
or relocation of vegetation located within a municipality and within ten feet of the
nearest edge of the highway pavement unless the municipality approves the
trimming, removal, or relocation; trimming, removal, or relocation of vegetation in
existence prior to the erection of the sign obstructed by the vegetation; or
clear-cutting any highway right-of-way.
DOT must grant or deny an application for a permit within 60 days of receiving
the application. If an application is incomplete, DOT must return the application
within 30 days of receiving the application and inform the applicant of what
information must be provided to complete the application. If DOT denies an
application, DOT must notify the applicant of reasons for the denial. Under certain
conditions, a sign owner applying for a permit must, at the time of the application,
provide written notice of the permit application to the owner of any property adjacent
to the vegetation that is the subject of the permit application and to the municipality
in which this adjacent property is located.

DOT has authority to supervise and determine how the work authorized under
a permit is carried out, and may require as a condition or restriction under any
permit that the work authorized under the permit meet standards established by
DOT. If a sign owner employs a third-party contractor to perform work authorized
under the permit, the sign owner is responsible for any work performed by the
contractor that is not authorized by the permit as if the work had been performed
directly by the sign owner.
The bill generally does not prevent a sign owner and DOT from voluntarily
agreeing to a sign owner's trimming, removal, or relocation, without a permit, of
vegetation that obstructs the view of a sign.
If a sign owner is aggrieved by a DOT decision or by DOT's failure to act on an
application, the sign owner may seek review through a contested case hearing before
the Division of Hearings and Appeals in the Department of Administration and may
thereafter seek court review.
Finally, the bill requests the Legislative Audit Bureau to conduct a performance
audit of the permit program created under the bill during the 2007-08 fiscal year and
to file a report by June 30, 2008.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB967, s. 1 1Section 1. 84.305 of the statutes is created to read:
AB967,3,3 284.305 Vegetation obstructing view of outdoor advertising signs. (1)
3In this section:
AB967,3,44 (b) "Main-traveled way" has the meaning given in s. 84.30 (2) (h).
AB967,3,65 (c) "Natural vegetation" means vegetation that the department has allowed to
6become established and remain in the right-of-way of a highway.
AB967,3,77 (d) "Planted vegetation" means any of the following:
AB967,3,98 1. Vegetation that has been planted in the right-of-way of a highway as part
9of a landscape project approved by the department for which there is a project plan.
AB967,3,1210 2. Individual trees or shrubs in a landscaped area that the department has
11allowed to become established naturally and that are specifically noted on a recorded
12project plan for a landscape project approved by the department.
AB967,4,1
13. Vegetation planted by persons as provided under s. 86.03 (3).
AB967,4,22 (e) "Sign" has the meaning given in s. 84.30 (2) (j)
AB967,4,43 (f) "Specimen tree" means a live tree with a trunk measuring 12 or more inches
4in diameter as measured at 3 feet from the ground.
AB967,4,85 (g) "Unzoned commercial or industrial area" means an area that is not zoned
6by state or local law, regulation, or ordinance, and on which a sign is located within
7500 feet of one or more permanent structures devoted to an ongoing commercial or
8industrial activity.
AB967,4,119 (h) "Vegetation" means any tree, shrub, hedge, or other woody plant, and
10includes planted vegetation, natural vegetation, and specimen trees. "Vegetation"
11does not include grass.
AB967,4,1612 (i) "Viewing zone" means, with respect to a sign, the area commencing at the
13point on the main-traveled way of the highway nearest the sign and extending, in
14a direction opposite of the direction of travel in the nearest through traffic lanes, in
15a line along the highway parallel to the highway pavement edge for a distance of
161,000 feet.
AB967,4,1817 (j) "Zoned commercial or industrial areas" has the meaning given in s. 84.30 (2)
18(L).
AB967,4,1919 (k) "Zoned industrial area" has the meaning given in s. 84.31 (2) (L).
AB967,4,24 20(2) (a) Notwithstanding ss. 66.1037 and 86.03, upon application, the
21department may issue permits to sign owners for the trimming, removal, or
22relocation of vegetation that is located in the right-of-way of a highway under the
23jurisdiction of the department for maintenance purposes and that obstructs a sign
24if any of the following applies:
AB967,5,4
11. The sign is 800 feet or less from another sign and, because of an obstruction
2to sight by planted vegetation in the highway right-of-way, there is no portion of the
3viewing zone along which, for a distance of 243 continuous feet, the entire face of the
4sign is viewable.
AB967,5,85 2. The sign is more than 800 feet from another sign and, because of an
6obstruction to sight by planted vegetation in the highway right-of-way, there is no
7portion of the viewing zone along which, for a distance of 350 continuous feet, the
8entire face of the sign is viewable.
AB967,5,119 3. Subject to par. (b), within a distance of 500 continuous feet along any portion
10of the viewing zone, any portion of the face of the sign is not viewable because of an
11obstruction to sight by natural vegetation in the highway right-of-way.
AB967,5,1512 4. Subject to par. (b), the sign is located in a zoned industrial area and, within
13a distance of 600 continuous feet along any portion of the viewing zone, any portion
14of the face of a sign is not viewable because of an obstruction to sight by natural
15vegetation in the highway right-of-way.
AB967,5,1916 (b) In measuring the distance in continuous feet along the viewing zone under
17par. (a) 3. and 4., the department shall not include in its measurement any part of
18the viewing zone where any portion of the face of a sign is not viewable because of
19an obstruction to sight by a specimen tree in the highway right-of-way.
AB967,5,25 20(3) (a) Subject to pars. (d) to (g) and sub. (4), a permit issued under this section
21authorizes the permittee to trim obstructing vegetation or remove or relocate
22obstructing individual plants to the extent necessary to eliminate the obstruction
23and remedy any condition specified under sub. (2) (a) 1. to 4. A permit issued under
24this section shall specify the vegetation or the portion of the highway right-of-way
25to which the permit applies.
AB967,6,14
1(b) An application for a permit under this section shall specifically describe the
2work proposed by the applicant. The department shall grant or deny an application
3for a permit under this section, and notify the applicant of the department's decision,
4within 60 days of receipt of the application. Within 30 days of receipt of the
5application, the department shall determine whether the application is complete
6and, if not, the department shall return the application to the applicant and inform
7the applicant of what information, specifically described, must be provided by the
8applicant to complete the application. The department may not deny an application
9for a permit under this section based solely upon receipt by the department of an
10objection or complaint from a property owner or municipality receiving notice under
11par. (c), but the department may consider the objection or complaint in determining
12whether to grant or deny the application for a permit. If the department denies an
13application for a permit under this section, the department shall notify the applicant
14of reasons for the denial.
AB967,6,1715 (c) Any person who makes application for a permit under this section shall, at
16the time of the application, provide written notice of the application, including
17contact information for the department, to all of the following:
AB967,6,2018 1. The owner of any property adjacent to the vegetation specified in the permit
19application if the work proposed in the permit application includes removal or
20relocation of individual plants and any of the following apply:
AB967,6,2421 a. The adjacent property is in a zoned commercial or industrial area or an
22unzoned commercial or industrial area and the sum of the diameters, as measured
23at 3 feet from the ground, of all trees specified in the permit application having a
24trunk of at least 4 inches in diameter exceeds 20 inches.
AB967,7,4
1b. The adjacent property is not in a zoned commercial or industrial area or an
2unzoned commercial or industrial area and the sum of the diameters, as measured
3at 3 feet from the ground, of all trees specified in the permit application having a
4trunk of at least 4 inches in diameter exceeds 12 inches.
AB967,7,65 2. The municipality in which any property adjacent to the vegetation specified
6in the permit application is located if any of the following apply:
AB967,7,107 a. The adjacent property is in a zoned commercial or industrial area or an
8unzoned commercial or industrial area and the sum of the diameters, as measured
9at 3 feet from the ground, of all trees specified in the permit application having a
10trunk of at least 4 inches in diameter exceeds 30 inches.
AB967,7,1411 b. The adjacent property is not in a zoned commercial or industrial area or an
12unzoned commercial or industrial area and the sum of the diameters, as measured
13at 3 feet from the ground, of all trees specified in the permit application having a
14trunk of at least 4 inches in diameter exceeds 20 inches.
AB967,7,1815 (d) A permit issued under this section may not authorize trimming, removal,
16or relocation of vegetation located within a municipality and within 10 feet of the
17nearest edge of the highway pavement without prior approval for the trimming,
18removal, or relocation from the municipality.
AB967,7,2319 (e) A permit issued under this section may not authorize the permittee to trim,
20remove, or relocate vegetation in existence prior to the erection of the sign obstructed
21by the vegetation. Nothing in this paragraph prohibits the department from issuing
22a permit authorizing the trimming, removal, or relocation of vegetation that, at the
23time the sign was erected, did not obstruct the view of the sign.
AB967,8,824 (f) The department shall make every effort to issue permits under this section
25that authorize the permittee to fully remedy the condition giving rise to the need for

1the permit as described under sub. (2) (a) 1. to 4., but the department, in its discretion
2and for the purpose of causing the least disruption to the landscape design in the
3highway right-of-way, may issue permits authorizing trimming, removal, or
4relocation of vegetation in a manner that results in the distance of 243 feet specified
5in sub. (2) (a) 1., 350 feet specified in sub. (2) (a) 2., 500 feet specified in sub. (2) (a)
63., or 600 feet specified in sub. (2) (a) 4., being noncontinuous if the permit allows the
7permittee to minimize sight obstruction of the sign along the applicable portion of the
8viewing zone.
AB967,8,139 (g) A permit issued under this section may not authorize the permittee to
10clear-cut any highway right-of-way. The permit authorizes the permittee to trim,
11remove, or relocate only the vegetation specified in the permit, or only vegetation
12within the area of the right-of-way specified in the permit, in accordance with the
13terms of the permit.
AB967,8,18 14(4) Each permit issued under this section shall authorize the permittee to
15employ 3rd-party contractors, including any arborist or landscape contractor, to
16perform work authorized under the permit. A permittee shall be responsible for any
17such work performed by a contractor on behalf of the permittee that is not authorized
18by the permit as if the work were performed directly by the permittee.
AB967,8,25 19(5) (a) Each permit issued under this section shall require a permittee that
20removes planted vegetation to either relocate the planted vegetation or reimburse
21the department for the value of the planted vegetation. The department shall
22present to the permittee the department's calculation of the value of the planted
23vegetation, and the permittee may elect to relocate the planted vegetation or to
24reimburse the department for the value of the planted vegetation as determined by
25the department.
AB967,9,5
1(b) The department shall determine the value of the planted vegetation, for
2purposes of par. (a), based upon either the reasonable replacement cost of the
3vegetation or another suitable method established by the department, which method
4may include use of a vegetation value chart that is publicly available and generally
5accepted in the landscaping industry.
AB967,9,106 (c) If the department issues a permit under this section authorizing removal
7of vegetation, the department shall provide to the permittee prior to commencement
8of the work an estimate of the value of the vegetation to be removed and a detailed
9explanation of the department's objectives in planting this vegetation or allowing
10this vegetation to become established.
AB967,9,15 11(6) The department shall have authority to supervise and determine how the
12work authorized under a permit issued under this section is carried out. The
13department may require as a condition or restriction under any permit issued under
14this section that the work authorized under the permit meet standards established
15by the department.
AB967,9,23 16(7) Nothing in this section prohibits a sign owner and the department from
17voluntarily negotiating for, and the department from authorizing without the
18issuance of a permit under this section, the trimming, removal, or relocation of any
19vegetation in a highway right-of-way in order to provide an unobstructed view of a
20sign, except in situations where sub. (3) (d) would apply if a permit were issued under
21this section. Nothing in this section restricts the department's authority with respect
22to departmental maintenance operations in the rights-of-way of highways under
23the department's jurisdiction.
AB967,9,25 24(8) Any person aggrieved by a decision of the department under this section,
25or by the department's failure to act on an application within the time limits specified

1in this section, is entitled, upon request, to a contested case hearing before the
2division of hearings and appeals in the department of administration, and to judicial
3review thereof, in accordance with ch. 227.
AB967, s. 2 4Section 2. 227.43 (1) (bg) of the statutes is amended to read:
AB967,10,115 227.43 (1) (bg) Assign a hearing examiner to preside over any hearing or review
6under ss. 84.30 (18), 84.305, 84.31 (6) (a), 85.013 (1), 86.073 (3), 86.16 (5), 86.195 (9)
7(b), 86.32 (1), 101.935 (2) (b), 101.951 (7) (a) and (b), 114.134 (4) (b), 114.135 (9),
8114.20 (19), 175.05 (4) (b), 194.145 (1), 194.46, 218.0114 (7) (d) and (12) (b), 218.0116
9(2), (4), (7) (a), (8) (a) and (10), 218.0131 (3), 218.11 (7) (a) and (b), 218.22 (4) (a) and
10(b), 218.32 (4) (a) and (b), 218.41 (4), 218.51 (5) (a) and (b), 341.09 (2m) (d), 342.26,
11343.69 and 348.25 (9).
AB967, s. 3 12Section 3. Nonstatutory provisions.
AB967,10,1913 (1) The joint legislative audit committee is requested to, and may, direct the
14legislative audit bureau to perform a performance evaluation audit of the program
15under section 84.305 of the statutes, as created by this act, during the 2007-08 fiscal
16year, which audit shall include evaluating the overall effectiveness of the program.
17If the committee directs the legislative audit bureau to perform an audit under this
18subsection, the bureau shall file its report as described in section 13.94 (1) (b) of the
19statutes by June 30, 2008.
AB967,10,2020 (End)
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