348.27(12m)(a)1.a.a. "Building" means a dwelling or other structure or portion of a dwelling or other structure that, when measured as provided in
subd. 1. b., is more than 12 feet wide, more than 14 feet 3 inches in height, or more than 100 feet long; that is transportable as a whole or in sections; and that is raised and supported from an existing foundation to be moved and placed on a permanent foundation at a new location where the dwelling or other structure is to be delivered. "Building" does not include a modular housing unit, a manufactured building as defined in
s. 101.71 (6), or a manufactured home as defined in
s. 101.91 (2).
348.27(12m)(a)1.b.
b. For purposes of
subd. 1. a., width shall be measured from the farthest extremity of the vehicle and load on each side, height shall be measured from the ground to the highest point of the vehicle and load, and length shall be measured from the rearmost point of the vehicle and load to the frontmost point of the vehicle.
348.27(12m)(b)
(b) The department may issue annual or consecutive month permits for vehicles transporting buildings on the highways. A permit under this subsection may be issued only by the department, regardless of the highways to be used.
348.27(12m)(c)
(c) The department may not issue a permit under this subsection unless the department determines that all of the following requirements are met:
348.27(12m)(c)1.
1. The applicant identifies each potential operator of a vehicle under the permit and provides proof that each such operator holds a valid commercial driver license, with any endorsement required under
ch. 343 for operation of the class and type of vehicle to be used to transport a building under the permit.
348.27(12m)(c)2.
2. The applicant provides proof of a valid motor carrier certificate or license of authority issued under
ch. 194 or under federal law applicable for each vehicle to be used to transport a building under the permit.
348.27(12m)(c)3.
3. The applicant provides proof, by a certificate of insurance filed with the department, that the applicant, in addition to satisfying the insurance requirements described in
s. 346.924 (2), maintains a policy of comprehensive general liability insurance, issued by an insurer authorized to transact business in this state, that provides bodily injury liability coverage and property damage liability coverage, including for underground property damage, with a total limit of not less than $500,000 for each occurrence.
348.27(12m)(d)
(d) The department may deny any application for a permit under this subsection if the department finds any of the following:
348.27(12m)(d)1.
1. That the applicant, or any potential operator identified in
par. (c) 1., has been convicted, within 3 years immediately preceding the date of application, of a violation of
s. 346.924.
348.27(12m)(d)2.
2. That the applicant, or any potential operator identified in
par. (c) 1., has engaged in conduct endangering the safety of persons using the highways.
348.27(12m)(d)3.
3. That the applicant has failed to provide reimbursement for damage, which is not paid for by the applicant's insurer, to a highway caused while transporting a building under a permit under this subsection.
348.27(12m)(d)4.
4. That the applicant, or any potential operator identified in
par. (c) 1., has abandoned a building on a highway or on public or private property without permission of the property owner.
348.27(12m)(e)
(e) The provisions of this subsection apply in addition to any other requirement imposed under this chapter,
chs. 194,
343,
346, and
347, and federal law.
348.27(15)(a)(a) The department shall issue to qualifying applicants multiple trip permits for the transportation of granular roofing material in vehicles or vehicle combinations that exceed the maximum gross weight limitations under
s. 348.15 (3) (c) by not more than 10,000 pounds. A permit issued under this subsection does not authorize the operation of any vehicle or vehicle combination at a maximum gross weight in excess of 90,000 pounds. A permit under this subsection may be issued only by the department, regardless of the highways to be used. A permit under this subsection is not valid on highways designated as part of the national system of interstate and defense highways except that a permit may be issued that is valid on not more than 2.5 miles of any state trunk highway if such issuance of the permit is consistent with federal law.
348.27(15)(b)1.1. An application for a permit under this subsection shall include all of the following information:
348.27(15)(b)1.a.
a. The motor carrier on behalf of which the load is to be transported.
348.27(15)(b)1.b.
b. The location from which the transportation of the load is to originate and the load's destination, along with the designated route over which the load will be transported.
348.27(15)(b)2.
2. A permit issued under this subsection shall include as conditions of the permit the information specified in
subd. 1. a. and
b.
348.27(15)(c)
(c) If the designated route under
par. (b) 1. b. includes streets or highways other than those within the state trunk highway system, no permit may be issued under this subsection unless the governing body of each municipality or county having jurisdiction over such streets or highways adopts a resolution approving the transportation of the load over that portion of the designated route that is on streets or highways under the jurisdiction of the municipality or county. An applicant for a permit under this subsection shall include a copy of each such resolution with the permit application.
348.27(15)(d)
(d) The department shall promulgate rules to implement and administer this subsection.
348.27 Cross-reference
Cross-reference: See also ch.
Trans 263, Wis. adm. code.
348.27(16)(a)(a) The department may issue annual or consecutive month permits for the transportation of loads of hay or straw on a vehicle or combination of vehicles that exceeds the height limitations under
s. 348.06.
348.27(16)(b)
(b) If the roads desired to be used by an applicant for a permit under this subsection involve highways other than those within the state trunk highway system, the application shall be accompanied by a written statement of route approval by the officer in charge of maintenance of the other highway.
348.27(16)(c)
(c) A permit under this subsection does not authorize the operation of any vehicle or vehicle combination having an overall height in excess of 14 feet 6 inches if the vehicle or vehicle combination is being operated on a highway in an urban area or 15 feet if the vehicle or vehicle combination is being operated on any other highway. The department shall, by rule, define "urban area" for purposes of this paragraph and shall provide, with each permit issued under this subsection, information to the permit holder as to the meaning of this term.
348.27(16)(d)
(d) The department may promulgate rules regulating the configuration of the loads carried under permits issued under this subsection and how these loads are to be secured for safe travel.
348.27(17)
(17) Permits for the transportation of sealed loads in international trade. 348.27(17)(a)(a) In this subsection, "sealed load" means a load consisting of a container or vehicle, being transported in international trade, that has been sealed with a tamper-evident seal affixed at the time of initial loading.
348.27(17)(b)
(b) The department may issue annual or consecutive month permits for the transportation of a sealed load in a vehicle or vehicle combination that has 6 or more axles and that exceeds the maximum gross weight limitations under
s. 348.15 (3) (c) if the vehicle or vehicle combination does not exceed the maximum gross weight limitations under
s. 348.29. Notwithstanding
s. 348.15 (8), any axle of a vehicle or vehicle combination that does not impose on the highway at least 8 percent of the gross weight of the vehicle or vehicle combination may not be counted as an axle for the purposes of this paragraph. A permit issued under this subsection does not authorize the operation of any vehicle or vehicle combination at a maximum gross weight in excess of 90,000 pounds.
348.27(18)
(18) Permits for the transportation of certain agricultural products. 348.27(18)(a)1.
1. "Agricultural product" means any of the following or any combination of the following:
348.27(18)(a)2.
2. "Agricultural product" does not include liquid milk or liquid milk by-products, manure or animal waste, or raw forest products:
348.27(18)(b)
(b) Subject to
par. (c), the department may issue annual or consecutive month permits for the transportation of agricultural products in vehicles or vehicle combinations that have 6 or more axles and that exceed the maximum gross weight limitations under
s. 348.15 (3) (c) if the vehicle or vehicle combination does not exceed the maximum gross weight limitations under
s. 348.295. Notwithstanding
s. 348.15 (8), any axle of a vehicle or vehicle combination that does not impose on the highway at least 8 percent of the gross weight of the vehicle or vehicle combination may not be counted as an axle for the purposes of this paragraph. A permit issued under this subsection does not authorize the operation of any vehicle or vehicle combination at a maximum gross weight in excess of 90,000 pounds.
348.27(18)(c)
(c) A permit under this subsection is valid only for the transportation of agricultural products to a farm or from a field or farm to a storage facility on the grower's owned or leased land, a facility for initial storage that is not on the grower's owned or leased land, or a facility for initial processing.
348.27(18)(d)
(d) If the roads desired to be used by an applicant for a permit under this subsection involve highways other than those within the state trunk highway system, the application shall be accompanied by a written statement of route approval by the officer in charge of maintenance of the other highway.
348.27(18)(e)
(e) A permit under this subsection is not valid on any interstate highway designated under
s. 84.29 (2) except to the extent allowed by federal law without any loss or reduction of federal aid or other sanction.
348.27(19)
(19) No-fee permits for implements of husbandry and agricultural commercial motor vehicles that exceed length or weight limitations. 348.27(19)(a)(a) In this subsection, "maintaining authority" means the following:
348.27(19)(a)1.
1. The department or its designee, with respect to state trunk highways.
348.27(19)(a)2.
2. The municipality or county responsible for maintenance of the highway or its designee, with respect to any highway that is not a state trunk highway, including any connecting highway.
348.27(19)(b)1.1. Subject to
subds. 3. and
5. b. and
par. (c), a person may apply to the maintaining authority of a highway for an annual or consecutive month, no-fee permit to operate an implement of husbandry or agricultural commercial motor vehicle that exceeds limitations on length or weight, or both, imposed by this chapter. Upon receiving an application for a no-fee permit under this subsection, the maintaining authority shall provide the applicant with a final decision on the application within 3 weeks of its receipt. If the maintaining authority fails to approve or deny the application within this 3-week period, the application is considered approved until the applicant receives a denial meeting the requirements under
subd. 4. or until 6 weeks from receipt of the application. If the maintaining authority fails to approve or deny the application within 6 weeks of its receipt, the application is approved.
348.27(19)(b)2.
2. Subject to
subd. 3. and
par. (c), any person to whom a no-fee permit has been issued under this subsection may, at any time, apply for an amendment to the permit to reflect a change in the applicant's circumstances or information, including a change in the listing or map of highways to be traveled. Upon receiving an application for amendment under this subdivision, the maintaining authority shall provide the applicant with a decision on the application within 5 business days of its receipt. If the maintaining authority fails to approve or deny the application within this period of 5 business days, the application is considered approved until the applicant receives a denial meeting the requirements under
subd. 4. or until 10 business days from receipt of the application. If the maintaining authority fails to approve or deny the application within 10 business days of its receipt, the application is approved. This subdivision does not apply if the permit is a resolution or ordinance adopted under
subd. 5.
348.27(19)(b)3.
3. Except as provided in
subd. 5. b., an application under
subd. 1. or
2. shall be made on the form prescribed by the department under
par. (d) 1.
348.27(19)(b)4.
4. If a maintaining authority denies a permit application under
subd. 1. or
2., it shall notify the applicant in writing of the denial and the notice shall include a reasonable and structurally based explanation of the denial that relates to the preservation of the roadway.
348.27(19)(b)4m.a.a. If a maintaining authority receives a permit application with respect to an implement of husbandry described in
s. 340.01 (24) (a) 1. b. and the only basis to deny the application is the listing or map of highways under
par. (c) 3. accompanying the application, the maintaining authority shall modify the application to include an approved alternate route or map of highways for operation of the implement of husbandry and approve the application.
348.27(19)(b)4m.b.
b. The approved alternate route or map of highways under
subd. 4m. a. may include highways that are not under the jurisdiction of the maintaining authority issuing the permit only upon prior approval of the maintaining authority having jurisdiction over those highways.
348.27(19)(b)5.a.a. The governing body of a municipality or county may, by resolution or ordinance, authorize operation on any or all highways under the municipality's or county's jurisdiction of implements of husbandry and agricultural commercial motor vehicles that exceed limitations on length or weight, or both, imposed by this chapter. If the governing body of a municipality or county adopts a resolution or ordinance under this
subd. 5. a., the resolution or ordinance shall be valid for at least one calendar year. For a resolution or ordinance under this
subd. 5. a. to be effective in any calendar year, the resolution or ordinance must be adopted on or before January 15 of that calendar year or in a prior year.
348.27(19)(b)5.b.
b. If the governing body of a municipality or county adopts a resolution or ordinance under
subd. 5. a., then
subd. 3. and
par. (c) 3. do not apply, no permit application is required, and the resolution or ordinance shall serve as the permit under this subsection. The governing body of the municipality or county shall make copies of the resolution or ordinance readily available to the public at multiple locations within the municipality or county.
348.27(19)(b)5.c.
c. If the governing body of a municipality or county adopts a resolution or ordinance under
subd. 5. a. that applies to fewer than all of the highways under the municipality's or county's jurisdiction or that authorizes operation of implements of husbandry and agricultural commercial motor vehicles but imposes conditions, restrictions, or limitations on this operation, then a person may apply for a permit under
subd. 1. for operation of an implement of husbandry or agricultural commercial motor vehicle on any highway or under any circumstance not authorized by the resolution or ordinance.
348.27(19)(b)5.d.
d. Each municipality or county that adopts a resolution or ordinance under this subdivision shall forward to the department a copy of the resolution or ordinance, and the department shall publish the resolution or ordinance on the department's Internet site.
348.27(19)(c)1.1. With respect to any highway under its jurisdiction, and as provided in
par. (b) 4m. b., a maintaining authority may issue an annual or consecutive month, no-fee permit authorizing operation on the highway of an implement of husbandry or agricultural commercial motor vehicle that exceeds limitations on length or weight, or both, imposed by this chapter if the applicable requirements of this subsection are satisfied.
348.27(19)(c)2.
2. A no-fee permit issued under this subsection does not exempt any implement of husbandry or agricultural commercial motor vehicle from complying with all equipment and other requirements for an implement of husbandry or agricultural commercial motor vehicle specified in
ch. 347.
348.27(19)(c)3.
3. Except as provided in
par. (b) 5. b., an application for a no-fee permit under this subsection shall be accompanied by a listing or map of the highways that may potentially be traveled under authorization of the permit.
348.27(19)(c)4.
4. A no-fee permit issued under this subsection is not valid on any highway that is a part of the national system of interstate and defense highways.
348.27(19)(c)5.
5. No fee may be charged for issuance or amendment of a permit under this subsection, or for any study, investigation, or other review in connection with an application for a permit or amendment of a permit under this subsection.
348.27(19)(c)6.
6. A maintaining authority under
par. (a) 2. may issue permits under this subsection having a valid period that is longer than one year or for which there is no expiration.
348.27(19)(c)7.
7. Permits issued under this subsection by a maintaining authority under
par. (a) 1., including amended permits for which an application has been approved under
par. (b) 2., shall automatically renew each year unless there is a material change to any roadway for which the permit applies.
348.27(19)(d)1.1. The department shall prescribe an application form for no-fee permits, and amendments to no-fee permits, under this subsection. Except with respect to permits under
par. (b) 5. b., this form shall be used by each maintaining authority. The application form shall require the applicant to provide, on the form or as an attachment, all of the following information:
348.27(19)(d)1.b.
b. A listing or map of the highways that may potentially be traveled under authorization of the permit.
348.27(19)(d)1.c.
c. Identification of the types of implements of husbandry or agricultural commercial motor vehicles for which the application is made; the length, number of axles, make, model, and estimated weight of the implements of husbandry or agricultural commercial motor vehicles; and the time of year and frequency that these implements of husbandry or agricultural commercial motor vehicles are expected to be operated on the highway.
348.27(19)(d)1.d.
d. Changes to the original application when requesting an amendment to a previously issued no-fee permit.
348.27(19)(d)1.e.
e. Any other information considered necessary by the department to determine the acceptability of the application.
348.27(19)(d)2.
2. The department shall prescribe a procedure for the submission of applications to the maintaining authority under
par. (b) 1. and
2. The procedure shall allow an application to be submitted by mail, including certified mail, by electronic transmission, or in person, and shall include a method for accurately documenting the date of receipt of the application regardless of which delivery method is used.
348.27(19)(d)3.a.a. Except as provided in
subd. 3. b.,
c., and
d., a maintaining authority shall keep confidential all information provided by an applicant for a permit under this subsection and this information is not open to public inspection, copying, or disclosure under
s. 19.35.
348.27(19)(d)3.b.
b. A maintaining authority described in
par. (a) 2. shall disclose to the department, upon its request, information provided by an applicant for a permit under this subsection, but the department shall keep the information confidential, and this information is not open to public inspection, copying, or disclosure under
s. 19.35.
348.27(19)(d)3.c.
c. A maintaining authority shall, upon request, disclose to a law enforcement agency, for use only for law enforcement purposes, information provided by an applicant for a permit under this subsection.
348.27(19)(d)3.d.
d. This subdivision does not prohibit a maintaining authority from disclosing on a permit under this subsection the information necessary to carry out the purpose of the permit.
348.27(19)(e)1.1. In this paragraph, "adverse determination" means the denial of an application for issuance or amendment of a no-fee permit under this subsection.
348.27(19)(e)2.
2. Notwithstanding
s. 348.25 (9), any person aggrieved by an adverse determination by a municipality or county may obtain review of the adverse determination in the manner provided in
ch. 68 or as provided under an ordinance or resolution adopted under
s. 68.16. However, review of the initial determination of the municipality or county, under
s. 68.09 or
68.10 or under the equivalent provision of an ordinance or resolution adopted by a municipality under
s. 68.16, shall be made by, respectively, the governing body of the municipality or the county highway committee of the county.
348.27(19)(e)3.
3. Any person aggrieved by an adverse determination by the department may petition as provided in
s. 348.25 (9).
348.27(19)(f)1.1. Except as provided in
subd. 2., this subsection does not apply after January 1, 2020, and any permit issued under this subsection or resolution or ordinance adopted under
par. (b) 5. a. on or before January 1, 2020, is void after January 1, 2020.
348.27(19)(f)2.
2. The confidentiality requirements under
par. (d) 3. continue to apply after January 1, 2020, to all application information provided on or before January 1, 2020.
