AB678, s. 142 1Section 142. 81.38 (2) of the statutes is renumbered 82.08 (3) and amended
2to read:
AB678,58,73 82.08 (3) Shared cost. The county shall pay the cost in excess of $750 up to
4$1,500.
The town and county shall each pay one-half of the cost of construction or
5repair above $1,500. In determining the cost of construction or repair of any culvert
6or
bridge or culvert, the cost of constructing or repairing any approach not exceeding
7100 feet in length shall be included.
Note: New sub. (3) changes the way projects are funded. The current law requires
the town to pay for the first $750, the county to pay for the second $750, and the town and
county to split amounts in excess of $1,500. The new sub. (3) requires a straight 50% split.
AB678, s. 143 8Section 143. 81.38 (3) of the statutes is renumbered 82.08 (4) and amended
9to read:
AB678,58,2110 82.08 (4) Emergency petition. Whenever the construction or repair of any such
11culvert or bridge or culvert must be made without delay, the town board may file its
12petition with the county clerk and the county highway committee, setting forth the
13facts respecting
explaining the necessity for immediate construction or repairs. It
14shall then be the duty of the town board and the county highway committee to make
15such construction or repairs with the least possible delay. The town board is
16authorized to borrow the entire cost of the work, and to include the town's share of
17such cost in the next tax levy
construct or repair the bridge or culvert as soon as
18practicable
. The construction or repair of a culvert or bridge performed and accepted
19or culvert undertaken pursuant to this subsection shall entitle the town to the same
20county aid that the town would have been entitled to had it filed its petition with the
21county board as provided in sub. (1).
AB678, s. 144
1Section 144. 81.38 (4) of the statutes is renumbered 82.08 (5) and amended
2to read:
AB678,59,83 82.08 (5) Supervision over design, construction, and cost. The county
4highway committee and the town board shall have full charge of design, sizing,
5letting, inspecting, and accepting the work construction or repair, but the town board
6may leave the matter entirely in the hands of the county highway committee. The
7county highway committee and the town board must agree on the cost of the project
8and must consult each other during construction.
Note: New sub. (5) adds the requirement that the town and county mutually agree
on costs and consult with each other during construction.
AB678, s. 145 9Section 145. 81.38 (5) of the statutes is renumbered 82.08 (6) and amended
10to read:
AB678,59,1511 82.08 (6) Construction requirements. No county order may be drawn under
12sub. (1) (2) for the construction of an arch, culvert or a bridge or culvert unless it is
13constructed in a workmanlike manner and built of creosoted wood or timber, steel,
14stone or concrete or a combination thereof, and
the design and construction comply
15with requirements under s. 84.01 (23).
Note: New sub. (6) does not carry over the language from current s. 82.38 (5) that
specified what materials the culvert or bridge should be made of. The special committee
decided that the list was unnecessary and that some of the listed materials were outdated.
AB678, s. 146 16Section 146. 81.38 (6) of the statutes is renumbered 61.48 and amended to
17read:
AB678,60,13 1861.48 County aid for construction and repair of bridges and culverts.
19Any village, by a resolution adopted by a two-thirds majority vote of all members of
20the village board,
may elect to become subject to all of the provisions of this section.
21Such
s. 82.08 by a resolution adopted by a two-thirds majority vote of all of the
22members of the village board. The
election to become subject to s. 82.08 shall be

1effective when a certified copy of such the resolution is filed with the county board
2and approved by a majority of the towns and villages in the county that are already
3subject to s. 82.08
vote of the members of the county board representing towns and
4representing villages which have become subject to the provisions of this section as
5provided in this subsection; and thereafter, until such
to approve the village's
6election. Until the
village ceases to be subject to the provisions of this section s. 82.08,
7the words "town" and "town board" as used in this section s. 82.08 shall also apply
8respectively to such to the village and its village board. A village which that has
9become subject to the provisions of this section as provided in this subsection s. 82.08
10may cease to be subject to such provisions only that section by the adoption of a
11resolution and its approval by the county board in the same manner and by the same
12procedure by which a
as the village may become became subject to such provisions
13as provided in this subsection
that section.
Note: Since it concerns villages, the special committee decided current s.81.38 (6)
was more appropriately placed in ch. 61. New s. 61.48 changes how the election to be
subject to the provisions of new s. 82.08 is approved. The current language in s. 81.38
requires approval "...by a majority vote of the members of the county board representing
towns and villages that have become subject to this section". Since the members of the
county board no longer represent towns and villages in that manner, new s. 61.48 requires
a vote of the majority of the towns and villages that are already subject to s. 82.08.
AB678, s. 147 14Section 147. 81.38 (7) of the statutes is renumbered 82.08 (7) and amended
15to read:
AB678,60,1816 82.08 (7) No tax. Except as provided in sub. (6) and s. ss. 61.48 and 84.14 (3),
17nothing herein contained in this section shall authorize the levy of a tax upon the
18property in any city or village which that is required to maintain its own bridges.
AB678, s. 148 19Section 148. 81.39 of the statutes is repealed.
AB678, s. 149 20Section 149. 81.42 (title) of the statutes is repealed.
AB678, s. 150
1Section 150. 81.42 (1) of the statutes is renumbered 82.03 (8) and amended
2to read:
AB678,61,83 82.03 (8) Use of dams as roadways. The town board may contract with the
4owner of any a dam with that has a roadway thereon on it for the use of such the
5roadway for highway purposes for such period of time as the board may determine.
6The contract shall provide that who shall be responsible for keeping the roadway
7shall at all times be kept in repair by the owner and may be for a period of time that
8the board determines
.
Note: The language of current s. 81.42 (1) requires the contract to provide that the
owner of the dam keep the roadway in repair at all times. New s. 82.03 (8) changes this
language to require only that the contract specify who shall keep the road in repair.
AB678, s. 151 9Section 151. 81.42 (2) of the statutes is renumbered 82.09 and amended to
10read:
AB678,61,23 1182.09 County aid for dams used for bridges. Whenever any A town board
12shall may file its a petition with the county board, setting forth the fact that said
13stating that the town board has voted to acquire the right to use any such a roadway ,
14designating as near as may be the location of such dam and roadway, and stating
on
15a dam. The petition shall contain a legal description and scale map of the dam and
16roadway, and shall state
the amount agreed to be paid to the owner for the use thereof
17of the roadway. Upon receipt of a petition, the county board shall appropriate a sum
18equal to one-half 50 percent of the amount so agreed to be paid for such the use, and.
19The county board
shall, on the order of the chairperson of the county board and
20county clerk,
cause such sum to be paid to the treasurer of said the town on the order
21of the chairperson of the county board and county clerk
whenever the town board
22shall notify them notifies the county highway commissioner that a contract for the
23use of such the roadway has been executed.

Note: The contents of the petition have been changed. The original language
required the petition to designate "as near as may be" the location of the dam and
roadway. New s. 82.09 requires a legal description and scale map.
AB678, s. 152 1Section 152. Chapter 82 (title) of the statutes is created to read:
AB678,62,32 CHAPTER 82
3 Town Highways
AB678, s. 153 4Section 153. Subchapter I (title) of chapter 82 [precedes 82.01] of the statutes
5is created to read:
AB678,62,66 chapter 82
AB678,62,87 SUBCHAPTER I
8 FuNDING AND GOVERNANCE
AB678, s. 154 9Section 154. 82.01 (intro.), (1) to (7) and (9) to (11) of the statutes are created
10to read:
AB678,62,12 1182.01 Definitions. (intro.) In this chapter, the following words and phrases
12have the designated meanings unless specifically noted:
AB678,62,13 13(1) "Department" means the department of transportation.
AB678,62,16 14(2) "Freeholder" means a person who owns a fee simple or life estate interest
15in land, a person who is a land contract vendee, or a person who has an interest in
16land arising under ch. 766.
AB678,62,19 17(3) "Highway order" means an order laying out, altering, or discontinuing a
18highway or a part of a highway, that contains a legal description of what the order
19intends to accomplish and a scale map of the land affected by the order.
AB678,62,21 20(4) "Laid out" means any formal act or process by which a municipality
21determines the location of a highway.
AB678,62,23 22(5) "Legal description" means a complete description of land without internal
23references to any other document, and shall be described in one of the following ways:
AB678,63,3
1(a) By metes and bounds commencing at a monument at the section or quarter
2section corner or at the end of a boundary line of a recorded private claim or federal
3reservation in which the annexed land is located and in one of the following ways:
AB678,63,44 1. By government lot.
AB678,63,55 2. By recorded private claim.
AB678,63,66 3. By quarter section, section, township, and range.
AB678,63,97 (b) If the land is located in a recorded and filed subdivision or in an area that
8is subject to a certified survey map, by reference as described in s. 236.28 or 236.34
9(3).
AB678,63,10 10(6) "Municipality" means a city, village, or town.
AB678,63,12 11(7) "Opened" means the completion of work on a highway that places the
12highway in a condition ready for public use.
AB678,63,14 13(9) "Town line highway" means a highway that runs on or across the boundary
14line between a town and another town, a village, or a city.
AB678,63,15 15(10) "Unrecorded highway" means a highway that is not a recorded highway.
AB678,63,18 16(11) "Worked" means action of the town in regularly maintaining a highway
17for public use, including hauling gravel, grading, clearing or plowing, and any other
18maintenance by or on behalf of the town on the road.
AB678, s. 155 19Section 155. 82.03 (1) (title) of the statutes is created to read:
AB678,63,2020 82.03 (1) (title) Oversight of highways, superintendent of highways.
AB678, s. 156 21Section 156. 82.03 (1) (c), (5) (title) and (c), (6) and (9) to (19) of the statutes
22are created to read:
AB678,64,223 82.03 (1) (c) The town board shall fix the compensation and may require and
24set the amount of a bond of the superintendent. The town board may reimburse the

1superintendent for expenses incurred in performing his or her duties as
2superintendent.
AB678,64,4 3(5) (title) Maintenance. (c) To erect on the right-of-way fences other than
4snow fences.
AB678,64,6 5(6) Liability. The town shall be responsible for any damage resulting from
6activities undertaken under the authority granted by sub. (5).
AB678,64,9 7(9) Rustic roads. As specified in s. 83.42, the town board shall maintain the
8rustic roads under its jurisdiction and may apply to have a highway designated as
9a rustic road or withdrawn from the rustic road system.
AB678,64,12 10(10) Additions to and deletions from county trunk highway system. The town
11board shall approve or deny additions to and deletions from the county trunk
12highway system as provided in s. 83.025 (1).
AB678,64,15 13(11) Emergency closure of county trunk highway. The town chairperson may
14close county trunk highways when they have been rendered dangerous for travel and
15immediately notify the county highway commissioner under s. 83.09.
AB678,64,18 16(12) Controlled-access highways. The town board shall work with the county
17and other governmental bodies in establishing and maintaining controlled-access
18highways under s. 83.027.
AB678,64,21 19(13) County-controlled highways in a town. The town board may contract
20under s. 83.035 with the county to enable the county to construct and maintain
21streets and highways in the town.
AB678,64,23 22(14) Purchase of equipment. The town board may purchase road building and
23maintenance supplies from the county under s. 83.018.
AB678,65,3 24(15) Agreements with other governmental bodies. The town board, under s.
2583.027 (9), may enter into agreements with other governmental bodies respecting the

1financing, planning, establishment, improvement, maintenance, use, regulation, or
2vacation of controlled-access highways or other public ways in their respective
3jurisdictions.
AB678,65,5 4(16) County aid highways. The town board may improve county aid highways
5under s. 83.14.
AB678,65,7 6(17) Highway lighting. The town board may provide lighting for highways
7located in the town under s. 60.50 (4).
AB678,65,9 8(18) Solid waste transportation. The town board may designate highways on
9which solid waste may be transported under s. 60.54.
AB678,65,12 10(19) Tunnels under highways. The town board shall ensure that all tunnels
11constructed pursuant to s. 82.37 are constructed in accordance with the
12requirements of s. 82.37 and are kept in good repair by the landowner.
Note: Current s. 81.02 requires the superintendent to file a bond before assuming
office. The special committee discussed this requirement and concluded that town boards
rarely require such bonds. As a result, s. 82.03 (1) gives the board discretion over whether
to require a bond. Current s. 81.02 specifies what fund the superintendent may be paid
from. The special committee discussed this requirement and decided it should be left to
the town board's discretion.
New s. 82.03 (9) through (18) are simply cross-references to sections outside of this
chapter. They have been added to create a more comprehensive list of the duties of the
town board in relation to the highways under its jurisdiction.
New s. 82.03 (19) is based on the last sentence of current s. 81.35. No substantive
change is intended.
AB678, s. 157 13Section 157. 82.05 (1) of the statutes is created to read:
AB678,65,1514 82.05 (1) The term of office of highway superintendents shall be one year from
15the date of their appointment.
AB678, s. 158 16Section 158. 82.05 (4) of the statutes is created to read:
AB678,65,1817 82.05 (4) The superintendent shall routinely notify the town board of all
18highway work.
AB678, s. 159 19Section 159. 82.08 (8) of the statutes is created to read:
AB678,66,5
182.08 (8) Administration charge. The county may charge the towns that apply
2for aid under this section an administration charge. The administration charge shall
3be fixed as a percentage of the total costs of administering aid under this section and
4the percentage shall be no more than the percentage that the county charges the
5state for records and reports.
AB678, s. 160 6Section 160. Subchapter II (title) of chapter 82 [precedes 82.10] of the statutes
7is created to read:
AB678,66,88 chapter 82
AB678,66,109 Subchapter II
10 BASIC PROCEDURES
AB678, s. 161 11Section 161. 82.10 (title), (1) (b), (2), (4) (title) and (b) and (5) of the statutes
12are created to read:
AB678,66,13 1382.10 (title) Initiation of procedures.
AB678,66,14 14(1) (b) A scale map of the land that would be affected by the application.
AB678,66,17 15(2) Resolution. Notwithstanding sub. (1), the town board may initiate the
16process of laying out, altering, or discontinuing a town highway by the introduction
17of a resolution. The resolution shall contain all of the following:
AB678,66,1918 (a) A legal description of the highway to be discontinued or of the proposed
19highway to be laid out or altered.
AB678,66,2020 (b) A scale map of the land that would be affected by the resolution.
AB678,66,21 21(4) (title) Notice recipients.
AB678,66,2422 (b) If procedures are begun under sub. (1), the applicants shall bear the cost of
23publication. If the procedures are begun under sub. (2), the town shall bear the cost
24of publication.
AB678,67,3
1(5) Lis pendens. In the case of an application under sub. (1), the applicant shall
2file a lis pendens under s. 840.11. In the case of a resolution under sub. (2), the board
3shall file a lis pendens within 10 days of the introduction of the resolution.
Note: Current s. 80.02 seemed to require the petition of 6 resident freeholders to
lay, alter, or discontinue a highway. Section 82.10 now allows the board to lay, alter, or
discontinue a highway on its own initiative by the introduction of a resolution. After
introduction, the resolution is treated the same as an application.
AB678, s. 162 4Section 162. 82.11 (title) of the statutes is created to read:
AB678,67,5 582.11 (title) Meeting.
AB678, s. 163 6Section 163. 82.12 (title) of the statutes is created to read:
AB678,67,7 782.12 (title) Highway order.
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