Trans 201.05(1)(a)
(a) “Scenic area" means any area of particular scenic beauty or historical significance as determined by the federal, state, or local officials having jurisdiction thereof, and includes interests in land which have been acquired for the restoration, preservation, and enhancement of scenic beauty.
Trans 201.05(1)(b)
(b) “Parkland" means any publicly owned land which is designated or used as a public park, recreation area, wildlife or waterfowl refuge or historic site.
Trans 201.05(1)(c)
(c) “Directional and other official signs and notices" includes only official signs and notices, public utility signs, service club and religious notices, public service signs, and directional signs.
Trans 201.05(1)(d)
(d) “Official signs and notices" means signs and notices erected and maintained by public officers or public agencies within their territorial or zoning jurisdiction and pursuant to and in accordance with direction or authorization contained in federal, state, or local law for the purposes of carrying out an official duty or responsibility. Historical markers authorized by state law and erected by state or local government agencies or nonprofit historical societies may be considered official signs.
Trans 201.05(1)(e)
(e) “Public utility signs" means warning signs, informational signs, notices, or markers which are customarily erected and maintained by publicly or privately owned public utilities, as essential to their operations.
Trans 201.05(1)(f)
(f) “Service club and religious notices" means signs and notices, whose erection is authorized by law, relating to meetings of nonprofit service clubs or charitable associations, or religious services, which signs do not exceed 8 square feet in area.
Trans 201.05(1)(g)
(g) “Public service signs" means signs located on school bus stop shelters, which signs:
Trans 201.05(1)(g)2.
2. Contain public service messages, which shall occupy not less than 50% of the area of the signs;
Trans 201.05(1)(g)4.
4. Are located on school bus shelters which are authorized or approved by city, county, or state law, regulation, or ordinance, and at places approved by the city, county, or state agency controlling the highway involved; and
Trans 201.05(1)(g)5.
5. May not exceed 32 square feet in area. Not more than one sign on each shelter shall face in any one direction.
Trans 201.05(1)(h)
(h) “Directional signs" means signs containing directional information about public places owned or operated by federal, state, or local governments or their agencies; publicly or privately owned natural phenomena, historic, cultural, scientific, educational, and religious sites; and areas of natural scenic beauty or naturally suited for outdoor recreation, deemed to be in the interest of the traveling public.
Trans 201.05(2)(a)1.1. Signs advertising activities that are illegal under federal or state laws or regulations in effect at the location of those signs or at the location of those activities.
Trans 201.05(2)(a)2.
2. Signs located in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device, or obstruct or interfere with the driver's view of approaching, merging, or intersecting traffic.
Trans 201.05(2)(a)3.
3. Signs which are erected or maintained upon trees or painted or drawn upon rocks or other natural features.
Trans 201.05(2)(b)3.
3. Maximum length—20 feet. All dimensions include border and trim, but exclude supports.
Trans 201.05(2)(c)1.
1. Signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights are prohibited.
Trans 201.05(2)(c)2.
2. Signs which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of a controlled highway or which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or which otherwise interfere with any driver's operation of a motor vehicle are prohibited.
Trans 201.05(2)(c)3.
3. No sign may be so illuminated as to interfere with the effectiveness of or obscure an official traffic sign, device, or signal.
Trans 201.05(2)(d)2.
2. No directional sign may be located within 2,000 feet of an interchange or intersection at grade along the interstate system or other freeways (measured along the interstate or freeway from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main traveled way).
Trans 201.05(2)(d)3.
3. No directional sign may be located within 2,000 feet of a rest area, parkland, or scenic area.
Trans 201.05(2)(d)4.a.a. No 2 directional signs facing the same direction of travel shall be spaced less than 1 mile apart;
Trans 201.05(2)(d)4.b.
b. Not more than 3 directional signs pertaining to the same activity and facing the same direction of travel may be erected along a single route approaching the activity;
Trans 201.05(2)(d)4.c.
c. Signs located adjacent to the interstate system shall be within 75 air miles of the activity: and
Trans 201.05(2)(d)4.d.
d. Signs located adjacent to the primary system or Great River Road shall be within 50 air miles of the activity.
Trans 201.05(2)(e)
(e) Message content. The message on directional signs shall be limited to the identification of the attraction or activity and directional information useful to the traveler in locating the attraction, such as mileage, route numbers, or exit numbers. Descriptive words or phrases, and pictorial or photographic representations of the activity or its environs are prohibited.
Trans 201.05(2)(f)1.1. Privately owned activities or attractions eligible for directional signing are limited to the following: natural phenomena; scenic attractions; historic, educational, cultural, scientific, and religious sites; and outdoor recreational areas.
Trans 201.05(2)(f)2.
2. To be eligible, privately owned attractions or activities must be nationally or regionally known, and of outstanding interest to the traveling public.
Trans 201.05 History
History: Cr.
Register, September, 1972, No. 201, eff. 10-1-72; am. intro. and (1) (g) 2.,
Register, October, 1976, No. 250, eff. 11-1-76; am. (intro.), (2) (c) 2. and (d) 4.,
Register, May, 1977, No. 257, eff. 6-1-77; renum. from Hy 19.03 and am. intro. and (2) (d) 1.,
Register, July, 1980, No. 295, eff. 8-1-80; correction in (2) (b) made under s. 13.93 (2m) (b) 1., Stats.,
Register, April, 2001, No. 544.
Trans 201.06(1)(1)
Signs visible from the main-traveled way of a controlled highway shall conform to the requirements of s.
84.30 (4), Stats., and to these rules. On non-freeway federal-aid primary highways outside of cities and villages, no sign may be adjacent to or within 300 feet of an interchange, intersection at grade, safety rest area, or wayside. Said 300 feet shall be measured along the highway from the beginning or ending of the pavement widening at the exit from or entrance to the main-traveled way of the primary highway.
Trans 201.06(2)
(2) In addition to the spacing criteria of s.
84.30 (4) (c), Stats., s.
Trans 201.05 (2) (d), and sub.
(1), a permit may not be issued for an otherwise eligible sign location if the erection of a sign at that location would obstruct motorists' view of another lawfully erected sign.
Trans 201.06 History
History: Cr.
Register, September, 1972, No. 201, eff. 10-1-72; renum. from Hy 19.04 and am.
Register, July, 1980, No. 295, eff. 8-1-80; cr. (2),
Register, July, 1983, No. 331, eff. 8-1-83.
Trans 201.07(1)(1)
Requests may be submitted to the department for permits to erect or maintain specific signs at defined locations in a manner to be visible from a travel lane of a controlled highway. A separate application shall be presented to describe each such sign proposed, shall be presented on forms furnished by the department, and shall include a $175 nonrefundable application fee and all information and exhibits which the application form requires. No permit fee may be required to amend or supplement a defective permit application for a particular location for which an application fee was paid, provided the amendment or supplemental materials are provided to the department within 60 days of denial of the permit application or a request for supplemental materials.
Trans 201.07(2)
(2) A new sign permit shall automatically expire one year after issuance if the sign permitted has not been erected and the permit holder has not received an extension from the department. The department may for good cause grant one 6-month extension of a new sign permit.
Trans 201.07 History
History: Cr.
Register, September, 1972, No. 201, eff. 10-1-72; am.
Register, May, 1977, No. 257, eff. 6-1-77; renum. from Hy 19.07 and am.,
Register, July, 1980, No. 295, eff. 8-1-80; cr. (2),
Register, July, 1983, No. 331, eff. 8-1-83; am. (1), cr. (3),
Register, April, 2001, No. 544, eff. 5-1-01; correction in (3) (g) made under s. 13.93 (2m) (b) 7., Stats.,
Register February 2005 No. 590.
Trans 201.075(1)(1)
No person may maintain an off-premises sign that was erected after March 18, 1972, or erect an off-premises sign outside the adjacent area if a person with normal visual acuity traveling at the speed limit on that highway can do any of the following:
Trans 201.075(1)(b)
(b) See and recognize any trademarks, logos, or other symbols associated with a business or business product or service displayed on the sign.
Trans 201.075(2)
(2) No person may erect an off-premises sign outside the adjacent area for the purpose of being seen or read from the main traveled way of an interstate or primary highway or the Great River Road.
Trans 201.075(3)
(3) A sign outside the adjacent area that is changed in a manner that creates a violation of sub.
(1) is subject to removal.
Trans 201.075(4)
(4) Notwithstanding sub.
(1), any off-premises sign erected after March 18, 1972, and existing on May 1, 2001 may continue to exist and be maintained so long as the advertisement on the sign remains exactly the same. Any sign in this classification is subject to removal if the advertisement is changed and the sign does not comply with sub.
(1).
Trans 201.075 Note
Note: Signs are considered outside the adjacent area if they are more than 660 feet from the nearest edge of the right-of-way of the Great River Road, an interstate or a primary highway. s.
84.30 (2).
Trans 201.075 History
History: Cr.
Register, April, 2001, No. 544, eff. 5-1-01.
Trans 201.08
Trans 201.08 Changes in permitted signs. State permitted signs may be changed in size, lighting, shape, color scheme or copy subject to compliance with the following criteria:
Trans 201.08(1)
(1) No change shall result in signing which violates s.
84.30, Stats., or these rules. Any sign which is found to be in non-compliance will be required to be altered to conform, or removed, at the expense of the owner thereof.
Trans 201.08(2)
(2) Any proposal to change the location of any state permitted sign must be approved by the department in advance of the physical accomplishment of the change. To propose a change of this kind, the applicant shall submit a complete new permit application together with a request that the prior permit (identified by its number) be cancelled and superseded by the new application.
Trans 201.08(3)(a)(a) The department may permit directional signs to be changed on a seasonal basis to identify alternate attractions or activities. If all of the attractions or activities are listed on the initial permit application, only a single permit fee shall be charged. If additional attractions or activities are listed on a later application, an additional permit fee shall be charged under s.
Trans 201.07.
Trans 201.08(3)(b)
(b) Approval of the department is required in advance of any message change on a directional sign that involves a different attraction or activity than originally approved. Message change applications under this paragraph are subject to the permit fees set by s.
Trans 201.07.
Trans 201.08 History
History: Cr.
Register, September, 1972, No. 201, eff. 10-1-72; am. (1),
Register, October, 1976, No. 250, eff. 11-1-76; renum. from Hy 19.08 and am.,
Register, July, 1980, No. 295, eff. 8-1-80; cr. (3),
Register, July, 1983, No. 331, eff. 8-1-83; corrections in (3) made under s. 13.93 (2m) (b) 7., Stats.,
Register, April, 2001, No. 544.
Trans 201.09
Trans 201.09 Removal of illegal signs. Any sign erected after October 1, 1972, without a permit having been granted therefor, and any nonconforming sign which subsequently violates s.
84.30, Stats., or these rules, shall be subject to removal as an illegal sign. Upon removal of an illegal sign, the owner of the sign shall be given 30 days in which to salvage the sign upon payment of actual reasonable costs incurred in removing the sign. If not salvaged, the sign may be disposed of as the department deems appropriate.
Trans 201.09 History
History: Cr.
Register, September, 1972, No. 201, eff. 10-1-72; r. and recr.
Register, October, 1976, No. 250, eff. 11-1-76; renum. from Hy 19.09 and am.,
Register, July, 1980, No. 295, eff. 8-1-80.
Trans 201.10(1)(1)
Nonconforming signs, as defined by s.
84.30 (5), Stats., shall be eliminated in accordance with s.
84.30, Stats., and these rules. Compensation for removal of a nonconforming sign shall be paid in accordance with s.
84.30 (6) to
(8), Stats., provided the sign has complied with the conditions in sub.
(2).
Trans 201.10(2)
(2) In order to lawfully maintain and continue a nonconforming sign, or a grandfathered sign under s.
84.30 (3) (d), Stats., the following conditions apply:
Trans 201.10(2)(a)
(a) The sign must have been actually in existence at the time the applicable state law became effective, except where a permit for the construction of a sign was granted by the state prior to the effective date of the state law and the sign owner acted in good faith and expended sums in reliance thereon. This exception shall not apply in instances where large numbers of permits were applied for and issued to a single sign owner, obviously in anticipation of the passage of a state control law.
Trans 201.10(2)(b)
(b) There must be existing property rights in the sign affected by the state law.
Trans 201.10(2)(c)
(c) The sign may be sold, leased, or otherwise transferred without affecting its status, but its location may not be changed. A nonconforming sign removed as a result of a right-of-way taking or for any other reason may be relocated to a conforming area but cannot be re-established at a new location as a nonconforming use.
Trans 201.10(2)(d)
(d) The sign must have been lawful on the effective date of the state law and must continue to be lawfully maintained.
Trans 201.10(2)(e)
(e) The sign must remain substantially the same as it was on the effective date of the state law, and may not be enlarged. Reasonable repair and maintenance of the sign, including a change of advertising message, is not a change which would terminate nonconforming rights. Customary maintenance ceases and a substantial change occurs if repairs or maintenance, excluding message changes, on a sign exceeds 50% of the replacement costs of the sign.
Trans 201.10(2)(f)
(f) The sign may continue as long as it is not destroyed, abandoned or discontinued. A sign shall be considered destroyed if it is damaged in excess of 50% of its replacement cost. Any sign destroyed by criminal or tortious acts may be replaced upon a showing by the sign owner that the sign was so destroyed and upon written approval from the region office. Applications for replacement signs shall be submitted to the region office. If the region office fails to send notice of its decision within 10 days after it receives an application, the sign owner may assume that replacement has been approved. As an alternative to replacement, the region office and sign owner may negotiate for the acquisition of the sign which was so destroyed. Approvals of replacements shall contain such terms and conditions as are necessary to ensure that the replacement sign is essentially the same as the sign destroyed. A sign is abandoned or discontinued if for a period of 12 months or longer it is composed of obsolete advertising matter or is without advertising matter or is in need of substantial repair, provided that any period of involuntary discontinuance which occurs during the period a highway is closed shall not be considered. A sign is abandoned if the name of the owner does not appear thereon and if the name and address of the current owner are not readily ascertainable from records on file with the department.
