SB315,51,8 666.1029 (title) Highways; refusal of town to open; appeal to county
7board; cost of opening
Appeal of the refusal to open or repair a highway or
8bridge
.
SB315, s. 132 9Section 132. 81.14 (1) of the statutes is renumbered 66.1029 (1) (a) and
10amended to read:
SB315,51,2011 66.1029 (1) (a) If any town, or towns in case of a town line highway, either by
12the proper officers, or by a majority vote of the electors voting on such question,

13refuse, fail or neglect to city, village, or town does not open and put in reasonable
14condition for travel
a highway, within one year from the date when it on which the
15highway
was laid out, or refuse, fail or neglect to does not repair any highway or build
16or repair any a bridge thereon, in such town or towns, any on a highway, 15
17freeholders thereof of the city, village, or town may appeal to the county board of the
18county in which the highway or bridge is situated located, by notice in writing served
19on the chairperson or chairpersons county clerk, with copies delivered to the clerk
20of the city, village, or town or towns.
SB315,52,7
1(b) For the purpose of this section all, highways on city, village, or town lines,
2which shall
that have been apportioned between the respective cities, villages, or
3towns shall be considered as wholly within the city, village, or town to which such the
4part of said the highway or bridge is apportioned. In case of town highways which
5are upon
If a highway is on county lines and which have has not been apportioned
6for the purpose of maintenance authority and responsibility, the appeal may be made
7to the county board of either county. When it is appealed to,
SB315,52,20 8(c) Upon receipt of an appeal, the county board shall, at the next regular
9meeting, either by a majority of its members or by a committee of not less than 3,
10examine such highway or bridge, and if they determine that it ought to be put in
11reasonable condition for travel or ought to be repaired,
. If it determines that the
12appeal should be granted,
the county board shall thereupon appropriate therefor
13sufficient funds to defray the estimated cost of opening or repairing the highway or
14building or repairing the bridge, and the chairperson of the county board shall cause
15the highway to be opened and put in reasonable condition for travel or cause the
16bridge to be repaired or built, and shall keep an accurate account of the expense
17thereof, and such. The expense, when audited and allowed by the county board, shall
18be charged to the town and affected cities, villages, or towns in amounts and
19proportions that the county board shall determine and shall be
added to the next
20county tax apportioned thereto and collected therewith.
SB315, s. 133 21Section 133. 81.14 (2) of the statutes is renumbered 66.1029 (2) and amended
22to read:
SB315,53,823 66.1029 (2) If any county fails to aid in putting create an established plan,
24agreed to by the city, village, or town, to put any county line highway
in reasonable
25condition for travel any county line highway, the adjoining county may, after not less

1than 20 30 days' notice in writing given to the county clerk of such the other county,
2put such the highway in reasonable condition for travel and keep an accurate account
3of the expense thereof. Such. The expense, when audited and allowed by the county
4board, shall be prorated and charged to the county whose duty it is to keep the
5highway in condition for travel. Such county may then charge the expense to the
6affected city, village, or town whose duty it is to keep the highway in repair and add
7it to the next county tax, apportion it thereto and collect it therewith apportioned and
8collected
.
SB315, s. 134 9Section 134. 81.14 (3) of the statutes is repealed.
SB315, s. 135 10Section 135. 81.14 (4) of the statutes is renumbered 66.1029 (3) and amended
11to read:
SB315,54,212 66.1029 (3) In case of If a county line highway which has not been apportioned
13between cities, villages, or towns for the purpose of maintenance, and where
14authority and responsibility, an appeal may be taken to the county board of any
15county bounded by said the highway , the. The expense incurred in opening and
16putting in reasonable condition for travel such highway, or in repairing it the
17highway
, or in building or repairing any bridge thereon on the highway, shall be paid
18primarily by the county to which the appeal is taken, and by said county apportioned.
19The county to which the appeal is taken shall apportion the expense
among all of the
20counties which that are bounded in whole or in part by such the highway, and the
21proportionate share of such costs and expense shall be paid by the other counties
.
22The other counties shall pay their apportioned share
to the county to which the
23appeal is taken, upon presentation receipt of a proper claim therefor, and when such.
24When the
expense has been paid by the counties liable therefor it shall be charged
25by the
respective counties to their proper towns and added, the counties shall charge

1their affected cities, villages, or towns and add the charge
to the next county tax
2apportioned to such the cities, villages, or towns and collected therewith.
Note: Under current s. 81.14, the county's oversight is only over towns. This
section expands the county's oversight to cities and villages. Since the county is given the
same oversight over cities and villages, the section has been moved to ch. 66.
New s. 66.1029 changes where the application must be delivered. Under current
s. 81.14, an appeal is begun by serving notice on the chairperson of town or towns. Since
the appeal is to the county, the special committee decided that it would be more
appropriate to serve the notice on the county. Thus, new s. 66.1029 requires service on
the county clerk and copies to be delivered to the towns.
Current s. 81.14 (3) was deleted. That subsection concerned highways that were
laid out by commissioners reversing the decision of the supervisors. The provisions for
commissioners reversing supervisors was eliminated in 1995 Wisconsin Act 186.
In new sub. (2), the language about a county failing to aid in putting the highway
in reasonable condition was changed to require a plan to put the highway in reasonable
condition that is agreed to by the town or village. In addition, new sub. (2) was modified
to require 30 rather than 20 days' notice.
SB315, s. 136 3Section 136. 81.15 of the statutes is renumbered 893.83 (1) and amended to
4read:
SB315,55,75 893.83 (1) Damages caused by highway defects; liability of town and county
6municipality. If damages happen to any person or his or her property by reason of
7the insufficiency or want of repairs of any highway which that any town, city, or
8village is bound to keep in repair, the person sustaining the damages has a right to
9recover the damages from the town, city, or village. If the damages happen by reason
10of the insufficiency or want of repairs of a highway which that any county by law or
11by agreement with any town, city, or village is bound to keep in repair, or which that
12occupies any land owned and controlled by the county, the county is liable for the
13damages and the claim for damages shall be against the county. If the damages
14happen by reason of the insufficiency or want of repairs of a bridge erected or
15maintained at the expense of 2 or more towns, cities, villages, or counties, the action
16shall be brought against all of the towns, cities, villages, or counties that are liable
17for the repairs of the bridge and upon. Upon recovery of judgment, the damages and
18costs shall be paid by the towns, cities, villages, or counties in the proportion in which

1they are liable for the repairs; and the. The court may direct the judgment to be
2collected from each town, city, village, or county for its proportion only. The amount
3recoverable by any person for any damages so sustained shall not exceed $50,000.
4The procedures under s. 893.80 shall apply to the commencement of actions brought
5under this section subsection. No action may be maintained to recover damages for
6injuries sustained by reason of an accumulation of snow or ice upon any bridge or
7highway, unless the accumulation existed for 3 weeks.
SB315, s. 137 8Section 137. 81.17 of the statutes is renumbered 893.83 (2) and amended to
9read:
SB315,55,2410 893.83 (2) Highway defects; liability of wrongdoer; procedure. Whenever
11damages happen to any person or property by reason of any defect in any highway
12or other public ground, or from any other cause for which any town, city, village, or
13county would be liable, and such damages are caused by, or arise from, the wrong,
14default, or negligence thereof and of any person, or private corporation, such person
15or private corporation shall be primarily liable therefor; but the. The town, city,
16village, or county may be sued with the person or private corporation so primarily
17liable. If the town, city, village, or county denies its primary liability and proves upon
18whom such liability rests, the judgment shall be against all of the defendants shown
19by the verdict or finding to be liable for the damages; but judgment. Judgment
20against the town, city, village, or county shall not be enforceable until execution has
21been issued against the party found to be primarily liable and returned unsatisfied
22in whole or in part; on. On such return being made, the defendant town, city, village,
23or county shall be bound by the judgment. The unpaid balance shall be collected in
24the same way as other judgments.

Note: Section 893.83 is based on current ss. 81.15 and 81.17. The special
committee decided it was more appropriately placed in ch. 893. Though some of the
language has been modified to make it more current, no substantive change is intended.
SB315, s. 138 1Section 138. 81.35 of the statutes is renumbered 82.37 and amended to read:
SB315,56,14 282.37 Tunnel under highway by landowner. The owner of land on both
3sides of a town highway may construct a tunnel under the highway, and the
4necessary
may erect fences for the passage of stock, and other purposes, in such
5manner as will
that are necessary for the use of the tunnel. The tunnel shall not
6interfere with or endanger travel on the highway. The tunnel shall not be less than
725 feet in length and shall be maintained by the owner.
The owner shall maintain
8the tunnel and shall
be liable for all damages which may be occasioned by that occur
9as a result of the
failure to keep the tunnel in repair. Unless authorized by a town
10meeting, the tunnel shall not be less than 25 feet in length.
The electors of the town
11at an annual town meeting may authorize the construction of any designated a
12tunnel not less than that is less than 25 feet, but at least 16 feet in length. The
13chairperson of the town shall see that all tunnels in the town are made in accordance
14with this section and that they are kept in good repair.
SB315, s. 139 15Section 139. 81.36 of the statutes is repealed.
SB315, s. 140 16Section 140. 81.38 (title) of the statutes is renumbered 82.08 (title).
SB315, s. 141 17Section 141. 81.38 (1) of the statutes is renumbered 82.08 (1) and amended
18to read:
SB315,57,319 82.08 (1) Petitions. When any A town that has voted to construct or repair any
20culvert or bridge or culvert on a highway maintainable maintained by the town, and
21has provided for such portion of the cost of such construction or repair as is required
22by this section, the town board shall
may file a petition with the county board setting
23forth said facts and
for county aid with the county highway commissioner. The

1petition shall describe
the location and size of the culvert or bridge; and bridge or
2culvert and shall contain a statement that the town has provided the funds required
3by sub. (3).
SB315,57,13 4(2) Funding requirements. (a) Except as provided in par. (b), upon receipt of
5a petition for a bridge or culvert with a 36-inch or greater span, or a structure of
6equivalent capacity to carry water,
the county board, except as herein provided, shall
7thereupon appropriate such the sum as will, with the money provided by the town,
8be sufficient to defray the expense of constructing or repairing such culvert or bridge,

9required by sub. (3) and shall levy a tax therefor , which. The tax, when collected ,
10shall be disbursed on the order of the chairperson of the county board and the county
11clerk, when the town board and county highway committee files a written notice with
12the clerk that the work has been completed and accepted
held in a separate account
13administered by the county highway committee
.
SB315,57,21 14(b) If on January 1, 2003, a county has a policy of providing funding only for
15bridges and culverts larger than the requirement of par. (a), the county may refuse
16to fund bridges and culverts that do not meet the minimum requirements of that
17policy. The minimum size bridge or culvert that a county is required to fund under
18this section may be raised, but not lowered, by the affirmative vote of a majority of
19the towns in the county.
The county board of any county which that has never
20granted aid under this section may, in its discretion , refuse to make any
21appropriation
all petitions under sub. (1).
Note: Current s. 81.38 requires all petitions for county aid to be granted. The
special committee had a number of discussions about whether the county should be
involved in projects that are very small, and about the fact that some counties currently
put a minimum size requirement on the bridges and culverts that they fund.
The new s. 80.28 (2) limits the funding requirements to bridges or culverts with a
span of 36 inches or greater. However, counties that had a greater size requirement in
place on January 1, 2003 can continue to abide by that policy. In addition, the size limit
can be raised, but not lowered, by the vote of the majority of towns in the county. Current

s. 81.38 also seemed to require the town to apply to the county for aid. That has been
changed so that a town "may" apply for aid. Finally, the new sub. (2) requires the tax that
the county levies to be held in a separate account.
SB315, s. 142 1Section 142. 81.38 (2) of the statutes is renumbered 82.08 (3) and amended
2to read:
SB315,58,73 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.
SB315, s. 143 8Section 143. 81.38 (3) of the statutes is renumbered 82.08 (4) and amended
9to read:
SB315,58,2110 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).
SB315, s. 144
1Section 144. 81.38 (4) of the statutes is renumbered 82.08 (5) and amended
2to read:
SB315,59,83 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.
SB315, s. 145 9Section 145. 81.38 (5) of the statutes is renumbered 82.08 (6) and amended
10to read:
SB315,59,1511 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.
SB315, s. 146 16Section 146. 81.38 (6) of the statutes is renumbered 61.48 and amended to
17read:
SB315,60,13 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.
SB315, s. 147 14Section 147. 81.38 (7) of the statutes is renumbered 82.08 (7) and amended
15to read:
SB315,60,1816 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.
SB315, s. 148 19Section 148. 81.39 of the statutes is repealed.
SB315, s. 149 20Section 149. 81.42 (title) of the statutes is repealed.
SB315, s. 150
1Section 150. 81.42 (1) of the statutes is renumbered 82.03 (8) and amended
2to read:
SB315,61,83 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.
SB315, s. 151 9Section 151. 81.42 (2) of the statutes is renumbered 82.09 and amended to
10read:
SB315,61,23 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.
SB315, s. 152 1Section 152. Chapter 82 (title) of the statutes is created to read:
SB315,62,32 CHAPTER 82
3 Town Highways
SB315, s. 153 4Section 153. Subchapter I (title) of chapter 82 [precedes 82.01] of the statutes
5is created to read:
SB315,62,66 chapter 82
SB315,62,87 SUBCHAPTER I
8 FuNDING AND GOVERNANCE
SB315, s. 154 9Section 154. 82.01 (intro.), (1) to (7) and (9) to (11) of the statutes are created
10to read:
SB315,62,12 1182.01 Definitions. (intro.) In this chapter, the following words and phrases
12have the designated meanings unless specifically noted:
SB315,62,13 13(1) "Department" means the department of transportation.
SB315,62,16 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.
SB315,62,19 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.
SB315,62,21 20(4) "Laid out" means any formal act or process by which a municipality
21determines the location of a highway.
SB315,62,23 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:
SB315,63,3
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:
SB315,63,44 1. By government lot.
SB315,63,55 2. By recorded private claim.
SB315,63,66 3. By quarter section, section, township, and range.
SB315,63,97 (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).
SB315,63,10 10(6) "Municipality" means a city, village, or town.
SB315,63,12 11(7) "Opened" means the completion of work on a highway that places the
12highway in a condition ready for public use.
SB315,63,14 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.
SB315,63,15 15(10) "Unrecorded highway" means a highway that is not a recorded highway.
SB315,63,18 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.
SB315, s. 155 19Section 155. 82.03 (1) (title) of the statutes is created to read:
SB315,63,2020 82.03 (1) (title) Oversight of highways, superintendent of highways.
SB315, s. 156 21Section 156. 82.03 (1) (c), (5) (title) and (c), (6) and (9) to (19) of the statutes
22are created to read:
SB315,64,223 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.
SB315,64,4 3(5) (title) Maintenance. (c) To erect on the right-of-way fences other than
4snow fences.
SB315,64,6 5(6) Liability. The town shall be responsible for any damage resulting from
6activities undertaken under the authority granted by sub. (5).
SB315,64,9 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.
SB315,64,12 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).
SB315,64,15 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.
SB315,64,18 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.
SB315,64,21 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.
SB315,64,23 22(14) Purchase of equipment. The town board may purchase road building and
23maintenance supplies from the county under s. 83.018.
SB315,65,3 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.
SB315,65,5 4(16) County aid highways. The town board may improve county aid highways
5under s. 83.14.
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