2003 WISCONSIN ACT 214
An Act to repeal 60.10 (1) (d), 60.24 (3) (n), chapter 80 (title), 80.01 (title), 80.01 (1) (title), 80.02 (title), 80.03, 80.04 (title), 80.05 (2) (intro.) and (c), 80.06 (title), 80.07 (title), 80.09, 80.10, 80.11 (2) (a) 1. to 4., (b) and (c), 80.11 (4), 80.11 (8), 80.12 (title), 80.12 (1), 80.12 (3) and (4), 80.13 (title), 80.17 (title), 80.22 (title), 80.24 to 80.30, 80.31 (title), (1) and (2), 80.35, 80.38 to 80.40, 80.48, 80.65, chapter 81 (title), 81.01 (5), (6), (7) and (9), 81.02 (title), 81.04, 81.05, 81.06 (title), 81.07, 81.11 (title) and (1) to (4), 81.12, 81.14, 81.36, 81.39, 81.42 (title), 83.18 (1) (title), 83.18 (2) and 893.73 (2) (c); to renumber 66.1003 (8), 80.01 (1m) (title), 80.01 (3) (title), 80.15 (title), 80.23 (title), 80.32 (4) (a) 1. and 2., 80.32 (4) (b), 80.32 (4) (d), 80.34 (title), 81.08 (title), 81.38 (title), 86.26, 86.265 and 86.266; to renumber and amend 80.01 (1), 80.01 (1m), 80.01 (2), 80.01 (3), 80.01 (4) (title), 80.01 (4), 80.01 (5), 80.02, 80.025, 80.04, 80.05 (title), 80.05 (1), 80.05 (2) (a), 80.05 (2) (b), 80.06, 80.08, 80.11 (title), 80.11 (1), 80.11 (2) (a) (intro.), 80.11 (3) (a), (b) 1. and 2. and (c), 80.11 (5), 80.11 (6), 80.11 (7), 80.12 (2), 80.12 (5), 80.125, 80.13 (1), 80.13 (1m), 80.13 (3), 80.13 (4), 80.13 (4m), 80.13 (5), 80.14, 80.15, 80.16, 80.17, 80.22, 80.23 (1), 80.23 (2), 80.31 (3), 80.32 (title), 80.32 (1), 80.32 (2), 80.32 (3), 80.32 (4) (a) (intro.), 80.32 (4) (c), 80.32 (5), 80.33, 80.34 (1), 80.34 (2), 80.37, 80.41, 80.47, 80.64, 81.01 (title), 81.01 (2), 81.01 (3), 81.01 (4), 81.01 (8), 81.01 (10), 81.01 (11), 81.02, 81.03 (title), 81.03, 81.06, 81.08 (1), 81.08 (2), 81.08 (3), 81.11 (5), 81.15, 81.17, 81.35, 81.38 (1), 81.38 (2), 81.38 (3), 81.38 (4), 81.38 (5), 81.38 (6), 81.38 (7), 81.42 (1), 81.42 (2) and 83.18 (1);
to consolidate, renumber and amend 80.07 (1) and (2) and 81.01 (intro.) and (1); to amend 32.035 (4) (a), 32.05 (intro.), 59.69 (5) (e) 7., 59.84 (2) (f) 5., 60.23 (17), 60.24 (3) (o), 60.24 (3) (p), 60.33 (10), 60.37 (4) (a), 62.73 (1), 66.1003 (2) and (3), 66.1003 (4) (b), 66.1003 (7), 83.015 (2) (b), 83.09, 83.19, 84.02 (1), 84.07 (1), 84.14 (3), 86.315 (3), 236.16 (2) and 756.04 (2); and to create 66.1003 (8) (a), 66.1003 (10), 66.1005 (title), 66.1033 (1) and (3), 66.1037 (2), chapter 82 (title), subchapter I (title) of chapter 82 [precedes 82.01], 82.01 (intro.), (1) to (7) and (9) to (11), 82.03 (1) (title), 82.03 (1) (c), (5) (title) and (c), (6) and (9) to (19), 82.05 (1), 82.05 (4), 82.08 (8), subchapter II (title) of chapter 82 [precedes 82.10], 82.10 (title), (1) (b), (2), (4) (title), (a) 5. and (b) and (5), 82.11 (title), 82.12 (title), 82.14 (title), (1) and (3), 82.15, 82.16 (3), 82.19 (2) (b) 1., subchapter III (title) of chapter 82 [precedes 82.21], 82.21 (1) (a) and (b), (4) (title) and (5) (title), 82.27 (title), (1), (5) (c) and (d), (9) and (10), subchapter IV (title) of chapter 82 [precedes 82.31], 82.35 (1) (intro.) and 893.83 (title) of the statutes; relating to: the reorganization, modernization, and modification of chapters 80 and 81.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Joint Legislative Council prefatory note: This bill was prepared for the Joint Legislative Council's Special Committee on Recodification of Town Highway Statutes.
The committee was directed to recodify chs. 80 and 81 and any matters related to those statutes. The special committee was instructed that the recodification may include a study of the reorganization of the chapter in a logical manner, renumbering and retitling sections, consolidating related provisions, modernizing language, resolving ambiguities in language, codifying court decisions, and making minor substantive changes.
Many of the provisions in chs. 80 and 81 date from the 1800s. The changes and additions to those chapters over the years seem to have occurred piecemeal without regard to any internal organization. As a result, current chs. 80 and 81are unwieldy and difficult to use.
This bill:
1. Reorganizes chs. 80 and 81 by:
a. Moving most of the provisions in current chs. 80 and 81 into a new ch. 82. The special committee decided to create ch. 82 in order to avoid confusion between the original and the recodified law.
b. Arranging the provisions of the new ch. 82 into a logical order. The bill creates 3 subchapters.
c. Reorganizing some of the individual sections within current chs. 80 and 81 by combining them with other sections, dividing single sections into multiple sections, and internally reorganizing single sections.
d. Relocating whole or partial sections of current chs. 80 and 81 outside of the new ch. 82. This was done mainly for provisions that apply to municipalities other than towns.
2. Makes nonsubstantive changes to modernize language and reflect modern drafting style.
3. Repeals several sections of the current chs. 80 and 81 that the special committee concluded were unnecessary.
4. Makes substantive changes.
There are detailed notes following the sections that indicate the substantive change, if any. If the note does not indicate a substantive change, none is intended. If a question arises about the effect of any modification made by this bill, the special committee intends that the revisions in this bill be construed to have the same effect as the prior statute.
To aid in locating the renumbered sections, a table is located at the end of this bill that identifies the treatment of each of the provisions in current chs. 80 and 81.
214,1
Section
1. 32.035 (4) (a) of the statutes is amended to read:
32.035 (4) (a) When an impact statement is required; permitted. The department shall prepare an agricultural impact statement for each project, except a project under ch. 81 82 or a project located entirely within the boundaries of a city or village, if the project involves the actual or potential exercise of the powers of eminent domain and if any interest in more than 5 acres of any farm operation may be taken. The department may prepare an agricultural impact statement on a project located entirely within the boundaries of a city or, village, or town or involving any interest in 5 or fewer acres of any farm operation if the condemnation would have a significant effect on any farm operation as a whole.
214,2
Section
2. 32.05 (intro.) of the statutes is amended to read:
32.05 Condemnation for sewers and transportation facilities. (intro.) In this section, "mass transit facility" includes, without limitation because of enumeration, exclusive or preferential bus lanes if those lanes are limited to abandoned railroad rights-of-way or existing expressways constructed before May 17, 1978, highway control devices, bus passenger loading areas and terminal facilities, including shelters, and fringe and corridor parking facilities to serve bus and other public mass transportation passengers, together with the acquisition, construction, reconstruction and maintenance of lands and facilities for the development, improvement and use of public mass transportation systems for the transportation of passengers. This section does not apply to town highways created or altered under ch. 80 except as to jury trials on appeals under ss. 80.24 and 80.25, nor to proceedings in 1st class cities under subch. II. In any city, condemnation for housing under ss. 66.1201 to 66.1211, for urban renewal under s. 66.1333, or for cultural arts facilities under subch. V of ch. 229, may proceed under this section or under s. 32.06 at the option of the condemning authority. Condemnation by a local exposition district under subch. II of ch. 229 for any exposition center or exposition center facility may proceed under this section or under s. 32.06 at the option of the local exposition district. All other condemnation of property for public alleys, streets, highways, airports, mass transit facilities, or other transportation facilities, gas or leachate extraction systems to remedy environmental pollution from a solid waste disposal facility, storm sewers and sanitary sewers, watercourses or water transmission and distribution facilities shall proceed as follows:
214,3
Section
3. 59.69 (5) (e) 7. of the statutes is amended to read:
59.69 (5) (e) 7. When any lands previously under the jurisdiction of a county zoning ordinance have been finally removed from such jurisdiction by reason of annexation to an incorporated municipality, and after the regulations imposed by the county zoning ordinance have ceased to be effective as provided in sub. (7), the board may, on the recommendation of its zoning agency, enact amendatory ordinances that remove or delete the annexed lands from the official zoning map or written descriptions without following any of the procedures provided in subds. 1. to 6., and such amendatory ordinances shall become effective upon enactment and publication. A copy of the ordinance shall be forwarded by the clerk to the clerk of each town in which the lands affected were previously located. Nothing in this paragraph shall be construed to nullify or supersede s. 80.64 66.1031.
214,4
Section
4. 59.84 (2) (f) 5. of the statutes is amended to read:
59.84 (2) (f) 5. The governing body of the municipality shall, within 30 days after filing, take the necessary action to comply with the order and in so doing shall not be limited by the objections of an abutting owner, and s. 80.32 (4) 66.1005 (2) shall not be applicable to any vacation or discontinuance required by the order, and any such municipality may act upon the initiative of its governing body without the necessity of obtaining the consent of an abutting owner, notwithstanding chs. 60, 61, 62 and 66 and s. 80.32 (4) 66.1005 (2) and any other provisions of law to the contrary.
214,5
Section
5. 60.10 (1) (d) of the statutes is repealed.
Note: The committee repealed s. 81.05 because the committee believed that it was no longer used by towns. Current s. 60.10 (1) (d) is merely a cross-reference to s. 81.05.
214,6
Section
6. 60.23 (17) of the statutes is amended to read:
60.23 (17) Change street names. Name, or change the name of, any street in the town under s. 81.01 (11) 82.03 (7).
214,7
Section
7. 60.24 (3) (n) of the statutes is repealed.
Note: Section 60.24 (3) (n) reads as follows: "Perform duties in connection with selection of jurors in actions relating to the taking of property to provide access to a cemetery, fairground, or land used for industrial expositions under s. 80.48 (3) and (4).". The special committee deleted current s. 80.48 because it concluded that the section was no longer necessary.
214,8
Section
8. 60.24 (3) (o) of the statutes is amended to read:
60.24 (3) (o) Sign orders for payment of work performed and materials furnished on town highways under s. 81.04.
Note: This bill entirely deletes the language in current s. 81.04. Therefore, this section deletes the cross-reference.
214,9
Section
9. 60.24 (3) (p) of the statutes is amended to read:
60.24 (3) (p) See that all tunnels in the town are constructed under s. 81.35 82.37 and that they are kept in good repair.
214,10
Section
10. 60.33 (10) of the statutes is amended to read:
60.33 (10) Highways and bridges. Perform the duties specified in chs. 80 82 to 92, relating to highways, bridges and drains.
214,11
Section
11. 60.37 (4) (a) of the statutes is amended to read:
60.37 (4) (a) An elected town officer who also serves as a town employee may be paid an hourly wage for serving as a town employee, not exceeding a total of $5,000 each year. Amounts that are paid under this paragraph may be paid in addition to any amount that an individual receives under s. 60.32 or as a volunteer fire fighter, emergency medical technician, or first responder under s. 66.0501 (4). The $5,000 maximum in this paragraph includes amounts paid to a town board supervisor who is acting as superintendent of highways under s. 81.01 82.03 (1).
214,12
Section
12. 62.73 (1) of the statutes is amended to read:
62.73 (1) The common council of a 1st class city may vacate in whole or in part highways, streets, alleys, grounds, waterways, public walks and other public grounds within the corporate limits of the city that it determines the public interest requires to be vacated or are of no public utility, subject to s. 80.32 (4)
66.1005 (2). Proceedings under this section shall be commenced either by a petition presented to the common council signed by the owners of all property which abuts the portion of the public facilities proposed to be vacated, or by a resolution adopted by the common council. The requirements of s. 840.11 apply to proceedings under this section.
214,13
Section
13. 66.1003 (2) and (3) of the statutes are amended to read:
66.1003 (2) The common council of any city, except a 1st class city, or a village or town board may discontinue all or part of a public way upon the written petition of the owners of all the frontage of the lots and lands abutting upon the public way sought to be discontinued, and of the owners of more than one-third of the frontage of the lots and lands abutting on that portion of the remainder of the public way which lies within 2,650 feet of the ends of the portion to be discontinued, or lies within so much of that 2,650 feet as is within the corporate limits of the city, village or town. The beginning and ending of an alley shall be considered to be within the block in which it is located. This subsection does not apply to a highway upon the line between 2 towns that is subject to s. 80.11 82.21.
(3) The common council of any city, except a 1st class city, or a village or town board may discontinue all or part of an unpaved alley upon the written petition of the owners of more than 50% of the frontage of the lots and lands abutting upon the portion of the unpaved alley sought to be discontinued. The beginning and ending of an unpaved alley shall be considered to be within the block in which it is located. This subsection does not apply to a highway upon the line between 2 towns that is subject to s. 80.11 82.21.
214,13d
Section 13d. 66.1003 (4) (b) of the statutes is amended to read:
66.1003 (4) (b) A hearing on the passage of a resolution under par. (a) shall be set by the common council or village or town board on a date which shall not be less than 40 days after the date on which the resolution is introduced. Notice of the hearing shall be given as provided in sub. (8) (b), except that in addition notice of the hearing shall be served on the owners of all of the frontage of the lots and lands abutting upon the public way or unpaved alley sought to be discontinued in a manner provided for the service of summons in circuit court at least 30 days before the hearing. When service cannot be made within the city, village or town, a copy of the notice shall be mailed to the owner's last-known address at least 30 days before the hearing.
214,13h
Section 13h. 66.1003 (7) of the statutes is amended to read:
66.1003 (7) The city council or village or town board may by resolution discontinue any alley or any portion of an alley which has been abandoned, at any time after the expiration of 5 years from the date of the recording of the plat by which it was dedicated. Failure or neglect to work or use any alley or any portion of an alley for a period of 5 years next preceding the date of notice provided for in sub. (8) (b) shall be considered an abandonment for the purpose of this section.
214,13m
Section 13m. 66.1003 (8) of the statutes is renumbered 66.1003 (8) (b).
214,13r
Section 13r. 66.1003 (8) (a) of the statutes is created to read:
66.1003 (8) (a) Upon receiving a petition under sub. (2) or (3) or upon the introduction of a resolution under sub. (4), the city, village, town, or county shall deliver a copy of the petition or resolution to the secretary of transportation, if the public way or unpaved alley that is the subject of the petition or resolution is located within one-quarter mile of a state trunk highway or connecting highway.
214,14
Section
14. 66.1003 (10) of the statutes is created to read:
66.1003 (10) Notwithstanding ss. 82.10 and 82.21, no city council or county, village, or town board may discontinue a highway when the discontinuance would deprive a landowner or a public school of all access to a highway.
Note: New s. 66.1003 is based on the last sentence of current s. 80.02, which reads: "No town board shall discontinue . . . any highway when such discontinuance would deprive the owner of lands of access therefrom to a highway" and on the last sentence of current s. 80.16 which reads: "No highway shall be discontinued when the effect of such discontinuance shall be to exclude a public school from access to the public highways.". The special committee believes that, in practice, the current language applies to cities, counties, villages, and towns. Therefore, the new s. 66.1003 specifically includes cities, villages, and counties and moves the provision to ch. 66. No substantive change is intended.
214,15
Section
15. 66.1005 (title) of the statutes is created to read:
66.1005 (title) Reversion of title.
214,16
Section
16. 66.1033 (1) and (3) of the statutes are created to read:
66.1033 (1) In this section:
(a) "Political subdivision" means a city, village, town, or county.
(b) "Public way" means a highway, street, slip, pier, or alley.
(3) For proceedings taken, or for plats, deeds, orders, or resolutions executed after the effective date of this subsection .... [revisor inserts date], except as provided in s. 840.11, no defect, omission, or informality in the proceedings of, or execution of a plat, deed of dedication, order, or resolution by, a political subdivision shall affect or invalidate the proceedings, plat, deed, order, or resolution after 5 years from the date of the proceedings, plat, deed, order, or resolution. The public way dedicated, laid out, or altered by a defective or informal proceeding, plat, deed, order, or resolution shall be limited in length to the portion actually worked and used.
214,17
Section
17. Chapter 80 (title) of the statutes is repealed.
214,18
Section
18. 80.01 (title) of the statutes is repealed.
214,19
Section
19. 80.01 (1) (title) of the statutes is repealed.
214,20
Section
20. 80.01 (1) of the statutes is renumbered 82.01 (8) and amended to read:
82.01 (8) In this section, "recorded "Recorded highway" means a highway for which the order laying out or altering the highway, or a certified copy of the order, has been filed recorded in the office of the clerk of the town or register of deeds in the county in which the highway is situated or, for highways that were laid out or altered before the effective date of this subsection .... [revisor inserts date], in the office of the clerk of the town or the county in which the highway is situated.
Note: All but one of the definitions in s. 82.01 is new. The only term that is specifically defined in chs. 80 and 81 is "recorded highway". That definition has been included with the modification that the order must be filed with the register of deeds rather than the town or county clerk. The term "widened" has been deleted throughout the bill because the special committee concluded that it was redundant of the term "altered".
214,21
Section
21. 80.01 (1m) (title) of the statutes is renumbered 82.31 (title).
214,22
Section
22. 80.01 (1m) of the statutes is renumbered 82.31 (1) and amended to read:
82.31 (1) Recorded highways. Any recorded highway that has been laid out by the town supervisors, the county board or by a committee of the board, or by commissioners appointed by the legislature, or by any other authority, any portion of which has been opened and worked for 3 years under this chapter is a legal highway only to the extent that it has been opened and worked
for 3 years. Any laid out highway that has not been fully and sufficiently described or recorded or for which the records have been lost or destroyed is presumed to be 66 feet wide.
214,23
Section
23. 80.01 (2) of the statutes is renumbered 82.31 (2), and 82.31 (2) (title), (b) and (c), as renumbered, are amended to read:
82.31 (2) (title) Unrecorded highways
validated, exception; grants for highway purposes, presumptive width.
(b) No road or bridge built upon the bottoms and sloughs of the Mississippi River by citizens or a municipality of any other state shall become a legal highway or a charge upon the town in which the road is located unless upon petition the highway is legally laid out by the town supervisors board.
(c) No lands granted for highway purposes that did not become a legal highway prior to July 1, 1913, shall become a legal highway unless the grant is accepted by the town board or by the town meeting of the town wherein where the lands and proposed highway are located, and until a resolution of acceptance of the grant is recorded in the office of the town clerk.
214,23m
Section 23m. 80.01 (3) (title) of the statutes is renumbered 66.1037 (title).
214,24
Section
24. 80.01 (3) of the statutes is renumbered 66.1037 (1) and amended to read:
66.1037 (1) No lands abutting on any highway, and acquired or held for highway purposes, shall be deemed discontinued for such purpose purposes so long as they abut on any highway. All lands acquired for highway purposes after June 23, 1931, may be used for any purpose that the public authorities authority in control of such the highway shall deem to conduce to determines promotes the public use and enjoyment thereof. Such authorities. The authority may improve such lands by suitable planting, to prevent the erosion of the soil, or to beautify the highway. The right to protect and to plant vegetation in any highway laid out prior to said date
June 23, 1931, may be acquired in any manner that lands may be acquired for highway purposes. It Subject to sub. (2), it shall be unlawful for any person to injure any tree or shrub, or cut or trim any vegetation other than grass, or make any excavation in any highway laid out after said date June 23, 1931, or where the right to protect vegetation has been acquired, without the consent of the highway authorities authority and under
their its direction but such authorities. The authority shall remove, cut
, or trim or consent to the removing, cutting, or removal trimming of any tree, shrub, or vegetation in order to provide safety to users of the highway.
Note: The inclusion of "other than grass" was made to ensure that property owners could trim grass near their property.
214,24g
Section 24g. 66.1037 (2) of the statutes is created to read:
66.1037 (2) (a) Except as provided in par. (b), no person may cut or trim grass along any state trunk highway without the consent of the department of transportation.
(b) A person who owns or leases land abutting a state trunk highway may, without the consent of the department of transportation, cut or trim grass that is within the highway right-of-way and that is located along the land's frontage with the highway right-of-way or within 200 feet of a driveway, railroad crossing, or intersection along the land's frontage with the highway right-of-way. This paragraph does not permit a person to cut or trim grass without the consent of the department of transportation if any of the following applies:
1. The state trunk highway is a freeway, as defined in s. 346.57 (1) (am), or an expressway, as defined in s. 59.84 (1) (b).
2. The person farms or harvests the grass.
