85.18   Groundwater protection.
85.19   Construction site erosion control.
85.193   Borrow and material disposal sites for transportation projects.
85.195   Coordination with land conservation committees.
85.20   Urban mass transit operating assistance program.
85.205   Paratransit aids.
85.21   Specialized transportation assistance program for counties.
85.215   Tribal elderly transportation grant program.
85.22   Specialized transportation program.
85.23   Rural public transportation assistance program.
85.24   Transportation employment and mobility program.
85.245   Congestion mitigation and air quality improvement program.
85.25   Disadvantaged business mobilization assistance program.
85.26   Intercity bus assistance program.
85.27   Driver education grant program.
85.28   Driver license reinstatement training program.
85.30   Motorcycle, moped and motor bicycle safety program.
85.31   Information for tax bills.
85.32   Statewide trauma care system transfer.
85.35   Motor carrier projects program.
85.51   State traffic patrol services.
85.52   Transportation infrastructure loan program.
85.55   Safe-ride grant program.
85.605   Professional football stadium maintenance and operating costs.
85.61   Compliance with federal Help America Vote Act.
85.62   Transportation fund balance and appropriation reductions.
85.63   Surveying reference station system.
85.64   Assessment of local bridges and culverts.
85.01 85.01 Definitions. In this chapter:
85.01(1) (1)“Department" means the department of transportation.
85.01(2) (2)“Division of hearings and appeals" means the division of hearings and appeals in the department of administration.
85.01(2m) (2m)“Operator" has the meaning given in s. 340.01 (41).
85.01(3) (3)“Rail property" means all fixed property, real or personal, used in operating a railroad.
85.01(4) (4)“Rail property improvements" means rails, ties, switches, spurs, buildings, signals, trestles, bridges and other property, exclusive of land, that may be used in operating a railroad.
85.01(5) (5)“Railroad" means a railroad as defined in s. 195.02 (1) and any company, association, corporation or person managing, maintaining, operating or in possession of a railroad in whole or in part within this state whether as owner, contractor, lessee, mortgagee, trustee, assignee or receiver.
85.01(7) (7)“Railway" means a corporation described in s. 193.01, 1983 stats.
85.01(8) (8)“Secretary" means the secretary of transportation.
85.013 85.013 Hearings.
85.013(1)(1)Except as provided in sub. (2), any hearing under s. 227.42 granted by the department may be conducted before the division of hearings and appeals which shall decide the matter.
85.013(2) (2)
85.013(2)(a)(a) The secretary shall designate employees of the department as hearing examiners to preside over all hearings arising under ch. 344.
85.013(2)(b) (b) Any hearing under s. 227.42 shall be held before the tax appeals commission under s. 73.01 if the hearing concerns an additional assessment, refund or denial of refund under any of the following:
85.013(2)(b)1. 1. The international registration plan under s. 341.405.
85.013(2)(b)2. 2. A fuel tax agreement under s. 341.45.
85.013 History History: 1993 a. 16; 1999 a. 145.
85.015 85.015 Transportation assistance contracts. All contracts entered into under this chapter to provide financial assistance in the areas of railroads, urban mass transit, specialized transportation, and harbors are subject to ss. 16.528 and 16.752 but are exempt from ss. 16.70 to 16.75, 16.755 to 16.82, 16.85 to 16.87, and 16.875 to 16.89.
85.02 85.02 Planning, promotion and protection.
85.02(1)(1)The department may direct, undertake and expend state and federal aid for planning, promotion and protection activities in the areas of highways, motor vehicles, traffic law enforcement, aeronautics and astronautics, railroads, waterways, specialized transportation services, mass transit systems and for any other transportation mode. All state, regional and municipal agencies and commissions created under authority of law shall to the extent practicable, when dealing with transportation, follow the recommendations made by the secretary.
85.02(2) (2)The department shall implement the policy specified in s. 1.12 (6) in making all decisions, orders, and rules affecting the siting of new electric transmission facilities.
85.0205 85.0205 Expenditures for aesthetic elements.
85.0205(1)(1)Except as provided in subs. (2) and (3), the department may not expend more than 1.5 percent of the project costs of any highway improvement project on elements that the department determines are primarily related to the aesthetic preferences of communities adjacent to the project, generally known as community sensitive solutions.
85.0205(1m) (1m)The department may not expend state moneys on elements of a highway improvement project that the department determines are primarily related to the aesthetic preferences of communities adjacent to the project, generally known as community sensitive solutions.
85.0205(2) (2)Subsection (1) does not apply if any of the following apply:
85.0205(2)(a) (a) The elements are included in a federal record of decision or similar federal project approval issued prior to July 2, 2013.
85.0205(2)(b) (b) The inclusion of the elements is required to receive approval for the use of federal funds on the project.
85.0205(3) (3)The department may expend more than the amount permitted under sub. (1) if the expenditures in excess of the amount permitted are reimbursed by another party.
85.0205 History History: 2013 a. 20; 2015 a. 55.
85.021 85.021 Transportation alternatives program.
85.021(1)(1)Definitions. In this section:
85.021(1)(a) (a) “Eligible entity" has the meaning given in 23 USC 213 (c) (4) (B).
85.021(1)(b) (b) “Transportation alternatives" has the meaning given in 23 USC 101 (a).
85.021(2) (2) Program.
85.021(2)(a)(a) The department may administer a program to award grants of assistance to any eligible entity for transportation alternatives activities consistent with federal regulations promulgated under 23 USC 213. The grants shall be awarded from the appropriations under s. 20.395 (2) (js), (jv), and (jx).
85.021(2)(b) (b) Any project for which a grant is awarded under par. (a) shall be commenced within 4 years from the date that the grant is awarded. For purposes of this paragraph, a planning project is commenced when a planning study is begun and an infrastructure project is commenced when construction is begun.
85.021 History History: 2013 a. 20.
85.022 85.022 Multimodal transportation studies.
85.022(1)(1)The department shall administer a program to study multimodal transportation. The department may make grants or pay contract costs from the appropriations under s. 20.395 (2) (hq) and (hx) for multimodal transportation studies and preliminary engineering of public transportation projects. The department may provide grants or contract with any person under this section to study interurban and intraurban area multimodal transportation, including an analysis of the potential impact of a transportation facility on local and statewide economic development. A study may consider any of the following:
85.022(1)(a) (a) Present and future transit ridership.
85.022(1)(b) (b) Existing railroad and other transportation right-of-way and potential right-of-way availability.
85.022(1)(c) (c) The capacity of alternative transit facilities.
85.022(1)(d) (d) Parking availability.
85.022(1)(e) (e) Plans for completing transit projects.
85.022(1)(f) (f) The creation of a regional operating authority.
85.022(1)(g) (g) Analysis of alternative means of financing, including public and private cost-sharing.
85.022(1)(h) (h) Coordination of rail passenger services with existing publicly operated mass transit systems.
85.022(1)(i) (i) Technologies, costs, benefits and projected ridership of conventional rail passenger service, or of high-speed rail service.
85.022(1)(j) (j) Express bus service.
85.022(1)(k) (k) Commuter rail service.
85.022(1)(L) (L) Travel data.
85.022(1)(m) (m) Urban rail transit systems.
85.022(2) (2)
85.022(2)(a)(a) The department shall study high-speed rail service in the southern transportation corridor between this state and the state of Minnesota.
85.022(2)(b)1.1. Except as provided in subd. 2., funds may be expended under par. (a) only to match funds, at the ratio of 1 to 1, from the state of Minnesota for the study.
85.022(2)(b)2. 2. No funds may be expended under par. (a) unless the federal government contributes funds for a study under par. (a) in an amount equal to the total amount of funds from this state and the state of Minnesota for the study.
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2021-22 Wisconsin Statutes updated through 2023 Wis. Act 93 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on March 22, 2024. Published and certified under s. 35.18. Changes effective after March 22, 2024, are designated by NOTES. (Published 3-22-24)