The department shall prepare plans and specifications for the manufacture, installation and maintenance of tourist-oriented directional signs and tourist-oriented directional assemblies. The department's specifications shall require all tourist-oriented directional assembly supports to be of breakaway design. The department may manufacture and install tourist-oriented directional assemblies and tourist-oriented directional signs by installation contract or by maintenance contract. Contracts may be of any regional, district or local scope deemed reasonable and cost-effective by the department. All installation and maintenance work shall be done under contracts or procedures administered by the department. No installation, maintenance or other work may be done by any applicant, except for removal and replacement due to seasonal closures. The applicant shall furnish the department or its contractor the appropriate legend and directional information meeting the department's specifications for tourist-oriented directional signs. All materials furnished as a tourist-oriented directional sign by an applicant or by the department's contractor shall become and remain the property of the department once installed within any public highway, or as otherwise specified in the department's contract with its contractor. Failure by the applicant to deliver the tourist-oriented directional sign within the specified period, to provide for the installation of necessary supplemental signs, or to conform the sign to the department's specifications may result in the forfeiture of all fees and costs, and another business, service or activity may be given the opportunity to qualify to provide the signs for the vacated space.
Sign maintenance contracts shall include provisions for installation of additional tourist-oriented directional signs on existing tourist-oriented directional assemblies; replacement of damaged, defective or obsolete signs; removal of signs; and costs for these items.
Maintenance contracts may contain provisions for a negotiated price for unanticipated installation of tourist-oriented directional signs, including supports.
In lieu of or in addition to the contracting procedures in pars. (a)
, the department may enter into a contract that specifies alternative manufacture, installation, maintenance, marketing and implementation methods with a private contractor.
Applicant or contractor shall be responsible for removing and replacing signs for seasonal services. This activity shall be in accordance with department standards and applicant or contractor performing the activity shall hold harmless the department in case of any accident or injury due to this operation.
Trans 200.08(7)(a)(a) Distance to tourist-oriented business, service or activity.
A tourist-oriented business, service or activity may not be located in excess of the 5-mile distance specified in s. 86.196 (5)
, Stats., from the highway intersection at which tourist-oriented directional signs are to be located to qualify for a tourist-oriented directional sign, unless the distance limit is increased by a statutory enactment of the Wisconsin Legislature that is consistent with federal law. Distance to a business, service or activity will be measured from the near edge of the main travelled way to the center line extended of the closest business driveway of the business, service or activity.
(b) Lateral location.
The location for tourist-oriented directional signs shall be determined by the department to preserve highway safety, to take advantage of natural terrain, to have the least impact on the scenic environment, to minimize conflict with scenic easements and to avoid visual conflict with other signs within the highway or with signs authorized or permitted under s. 84.30
, Stats. The signs shall be installed in accordance with the applicable provisions of the Wisconsin manual on traffic control devices adopted by the department under s. 84.02 (4) (e)
(c) Location of tourist-oriented directional assemblies.
Tourist-oriented directional assemblies located at intersections shall be at least 200 feet from the intersection. If 2 tourist-oriented directional assemblies are required for one direction leading to an intersection, the tourist-oriented directional assembly for right turns shall be at least 200 feet from the intersection and the tourist-oriented directional assembly for left turns shall be at least 300 feet away from the right-turn assembly, moving away from the intersection.
(d) Advance tourist-oriented directional assemblies.
Advance tourist-oriented directional assemblies may be permitted only in those situations where the department determines that sight distance or other geometric conditions, intersection vehicle maneuvers or other vehicle operating characteristics require advance notification of the service to reduce vehicle conflicts or improve highway safety on the approach to and at the intersection where turning movements would occur.
(e) Order of advance tourist-oriented directional assemblies.
The order of advance tourist-oriented directional assemblies shall be identical to the order of tourist-oriented directional signs found at intersections. However, advance tourist-oriented directional signs shall omit directional arrows and distances. The legend NEXT RIGHT or NEXT LEFT, whichever is appropriate, in letters of the same height as the sign legends, will be placed on the tourist-oriented directional assemblies above the tourist-oriented directional signs. The department or its contractor shall be responsible for the fabrication, installation and maintenance of NEXT RIGHT and NEXT LEFT panels.
(f) Location of advance tourist-oriented directional assemblies.
When used, advance tourist-oriented directional assemblies shall be located approximately 1/2 mile from the intersection. The distance between adjacent advance tourist-oriented directional assemblies shall be at least 800 feet.
(g) Precedence of advance or intersection tourist-oriented directional assemblies.
An advance tourist-oriented directional assembly replaces and is not in addition to the intersection tourist-oriented directional assembly which would otherwise be installed at the intersection.
(h) Relationship to rail crossings.
All tourist-oriented directional assemblies shall be located at least 750 feet from railroad crossings on the highway on which tourist-oriented directional signs are to be located.
(i) Traffic control device precedence.
The location of other traffic control devices shall take precedence over the location of tourist-oriented directional signs. Tourist-oriented directional assemblies shall be located at least 300 feet from other traffic control devices.
(j) Supplemental signing.
Where the department requires, an applicant shall provide adequate supplemental signs on local roads and streets to guide motorists to the business, service or activity. Any required supplemental signs shall be in place before the tourist-oriented directional sign may be erected on a state trunk highway. Supplemental signs may be necessary where the business, service or activity is not located on a crossroad of the highway upon which the tourist-oriented directional sign is placed. Where supplemental signing is required by the department, it shall be the responsibility of the applicant to make arrangements with the appropriate local authority, and make the necessary payments to the local authority for the erection and maintenance of such signs.
Tourist-oriented directional signs may be designed in any manner that complies with the applicable provisions of the Wisconsin manual on traffic control devices adopted by the department under s. 84.02 (4) (e)
, Stats. Briefly, the Wisconsin manual provides in part that tourist-oriented directional signs shall be rectangular in shape and shall have a white legend and border on a blue background. Each tourist-oriented directional sign shall have not more than 2 lines of legend including a separate directional arrow and the distance to the facility shown beneath the arrow except advance tourist-oriented directional signs as described in sub. (7) (e)
. The content of the legend shall be limited to the identification of the business, service or activity, and the directional information. Legends shall not include promotional advertising.
The department shall develop specifications for tourist-oriented directional assembly supports, sign base material and sign message and background reflective sheeting consistent with specifications as established for department signing. If the department adopts revised specifications at any time, existing tourist-oriented directional signs may remain until replacement is necessary. The new specifications shall be applicable for replacement tourist-oriented directional signs.
The style and size of lettering and the arrangement and size of signs may be of any type that complies with the applicable provisions of the Wisconsin manual on traffic control devices adopted by the department under s. 84.02 (4) (e)
, Stats. Briefly, the Wisconsin manual provides in part that individual tourist-oriented directional signs for intersection tourist-oriented directional assemblies shall not exceed 72‶
width and the tourist-oriented directional sign for advance tourist-oriented directional assemblies shall not exceed 60‶
width and the standard size and style of legend.
A maximum of 4 tourist-oriented directional signs may be displayed on any one tourist-oriented directional assembly. A maximum of 2 tourist-oriented directional assemblies shall be allowed on each approach to an intersection or, when the department deems it necessary, a maximum of 2 advance tourist-oriented directional assemblies may be permitted.
When there are 4 or fewer tourist-oriented directional signs to be placed on any one approach to an intersection, they shall be placed on one tourist-oriented directional assembly. When only one intersection tourist-oriented directional assembly is to be placed, those tourist-oriented directional signs for businesses, services or activities to the left shall be arranged vertically above those tourist-oriented directional signs requiring a turn to the right. Advance tourist-oriented directional signs require separate tourist-oriented directional assemblies for businesses, services or activities requiring turns to the right and to the left.
When there are more than 4 tourist-oriented directional signs to be placed at an intersection, 2 tourist-oriented directional assemblies shall be used, one assembly for those businesses, services or activities requiring turns to the right, and one assembly for those requiring turns to the left. The tourist-oriented directional assembly for left turns shall be placed further from the intersection than the tourist-oriented directional assembly for right turns. In special circumstances as determined by the department, such as at a T-intersection or at a crossroad intersection when the number of potentially eligible businesses, services or activities in a particular direction is limited, the 2 tourist-oriented directional assemblies may contain up to a total of 8 tourist-oriented directional signs for businesses, services or activities located either to the right or left.
The department may revoke or suspend an approved tourist-oriented directional sign permit and remove any related tourist-oriented directional signs at any time for good cause including, but not limited to, any of the following reasons:
Failure to comply with an emergency rule promulgated by the department to comply with more restrictive federal standards under sub. (9)
Failure to comply with any condition of any tourist-oriented directional sign permit.
The department may also remove a tourist-oriented directional sign to facilitate construction, maintenance or utility work within the limits of the public highway, including sign erection or maintenance, when approved by the department. The department shall restore the tourist-oriented directional sign upon completion of the work, if practicable.
Removal of a tourist-oriented directional sign by the department shall not be stayed by the filing of any contested case, by any appeal of the department's decision or order to remove the tourist-oriented directional sign, or while the final decision is pending in any contested case or appeal. A reviewing court may order a stay upon such terms as it deems proper pursuant to s. 227.54
Removal of a tourist-oriented directional sign by the department as a result of the department's denial of a permit renewal shall not be stayed pending the final decision in any contested case or by appeal of the department's denial of the permit renewal. A reviewing court may order a stay upon such terms as it deems proper pursuant to s. 227.54
The department may remove a tourist-oriented directional sign at any time for any reason stated in this subsection whether the reason for removal occurs before or after issuance of the permit by the department, renewal or denial of the permit or erection of the sign.
The department may remove a tourist-oriented directional sign at any time for any reason stated in this subsection whether the reason for removal results from action or inaction of the department, an applicant, permittee, the department's contractor or any other person or any other event or occurrence. The department shall provide for restoration of the sign or refund if the removal results from error of the department or the department's contractor in locating the tourist-oriented directional sign.
In cases where the department removes a tourist-oriented directional sign before the permit period has expired, except where good cause is shown under par. (a)
, the appropriate permit fee for any time remaining on the permit shall be refunded. No refund shall be provided for any temporary removal.
The department shall remove any sign which imitates or purports to be a tourist-oriented directional sign and which is determined by the department to be installed without a valid tourist-oriented directional sign permit.
(10) Compliance with federal law.
To the extent changes to the tourist-oriented directional sign provisions of this section are required in order to conform with more restrictive federal standards for specific information signs pursuant to s. 86.195 (10)
, Stats., the department shall promulgate an emergency administrative rule under s. 227.24
, Stats., that supersedes this chapter whenever federal standards become more restrictive than this chapter.
Trans 200.08 History
Cr. Register, July, 1992, No. 439
, eff. 8-1-92; correction in (1) (h) made under s. 13.93 (2m) (b) 7., Stats., Register March 1999 No. 519
; CR 06-103
: am. (2) (e) 5. b., c., (3) and (7) (a) Register July 2007 No. 619
, eff. 8-1-07; correction in (3) made under s. 13.92 (4) (b) 6., Stats., Register January 2012 No. 673
; corrections in (4) (a), (c), (5) (d) made under s. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686