2021 - 2022 LEGISLATURE
January 4, 2022 - Introduced by Representatives Shelton, Snodgrass, Goyke,
Anderson, Andraca, Brostoff, Cabrera, Conley, Considine, Emerson, Hebl,
Hong, B. Meyers, Milroy, Neubauer, Ohnstad, Pope, S. Rodriguez, Sinicki,
Spreitzer, Stubbs, Subeck, Vining and Vruwink, cosponsored by Senators
Agard, Carpenter, Larson, Ringhand, Johnson, Erpenbach, Roys, L. Taylor
and Smith. Referred to Committee on Transportation.
1An Act to repeal
84.01 (35) (d) (intro.) and 2.; to renumber
84.01 (35) (d) 1.;
84.01 (35) (b); and to create
84.01 (35) (c) of the statutes; relating to:
3requiring bicycle and pedestrian facilities in highway projects and granting
Analysis by the Legislative Reference Bureau
This bill requires the Department of Transportation to ensure, with exceptions,
that bikeways and pedestrian ways are established in all new highway construction
and reconstruction projects funded from state or federal funds (a policy commonly
known as “complete streets”).
Under current law, DOT generally must give due consideration to establishing
bikeways and pedestrian ways in all new highway construction and reconstruction
projects funded from state or federal funds. However, DOT may not establish a
bikeway or pedestrian way as part of a highway project if bicyclists or pedestrians
are prohibited from using the highway. DOT is also prohibited from establishing a
bikeway or pedestrian way as part of a state-funded project unless the governing
body of each municipality in which a portion of the project is located authorizes the
creation of the bikeway or pedestrian way.
Under the bill, DOT must ensure that bikeways and pedestrian ways are
established in all new highway construction and reconstruction projects funded from
state or federal funds. DOT is required to promulgate rules identifying exceptions
to this requirement, but the exceptions may only be based on one of several specified
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
84.01 (35) (b) of the statutes is amended to read:
(b) Except as provided in par. (d) (c)
, and notwithstanding any other 3
provision of this chapter or ch. 82, 83, or 85, the department shall
4consideration to establishing ensure that
bikeways and pedestrian ways are
in all new highway construction and reconstruction projects funded in 6
whole or in part from state funds or federal funds appropriated under s. 20.395 or 7
84.01 (35) (c) of the statutes is created to read:
(c) The department shall promulgate rules identifying exceptions to 10
the requirement under par. (b), but these rules may provide for an exception only if 11
any of the following applies:
2. The cost of establishing bikeways or pedestrian ways would be excessively 13
disproportionate to the need or probable use of the bikeways or pedestrian ways. For 14
purposes of this subdivision, cost is excessively disproportionate if it exceeds 20 15
percent of the total project cost. The rules may not allow an exception under this 16
subdivision to be applied unless the secretary of transportation, or a designee of the 17
secretary who has knowledge of the purpose and value of bicycle and pedestrian 18
accommodations, reviews the applicability of the exception under this subdivision to 19
the particular project at issue.
3. Establishing bikeways or pedestrian ways would have excessive negative 21
impacts in a constrained environment.
4. There is an absence of need for the bikeways or pedestrian ways, as indicated 2
by sparsity of population, traffic volume, or other factors.
5. The community where pedestrian ways are to be located refuses to accept an 4
agreement to maintain them.
84.01 (35) (d) (intro.) and 2. of the statutes are repealed.
84.01 (35) (d) 1. of the statutes is renumbered 84.01 (35) (c) 1.