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Trans 75.02 History History: CR 10-082: cr. Register December 2010 No. 660, eff. 1-11-11.
Trans 75.03 Trans 75.03 Bicycles or pedestrians prohibited.
Trans 75.03(1)(1)Section Trans 75.02 does not require bikeways or sidewalks to be included on any highway on which bicycles or pedestrians are prohibited by any of the following:
Trans 75.03(1)(a) (a) Order, ordinance or resolution under s. 349.105, Stats., regarding use of a freeway or expressway.
Trans 75.03(1)(b) (b) Ordinance under s. 349.18, Stats., regarding the operation of bicycles on the highway.
Trans 75.03(1)(c) (c) Ordinance under s. 349.23 (3), Stats., regarding use of a roadway.
Trans 75.03(1)(d) (d) Order, ordinance or resolution under s. 349.185 (2), Stats., regarding pedestrians upon highways.
Trans 75.03(2) (2) If bicycles or pedestrians, but not both, are prohibited from using the highway, the project shall include either a bikeway or sidewalk, as appropriate, to serve the bicycles or pedestrians that are allowed to use the highway. A path may be considered along a controlled access highway, as defined in s. 990.01 (5r), Stats., having a speed limit of 45 miles per hour or higher where bicyclists and pedestrians are not allowed to use the roadway.
Trans 75.03 History History: CR 10-082: cr. Register December 2010 No. 660, eff. 1-1-11.
Trans 75.04 Trans 75.04 Excessively disproportionate cost.
Trans 75.04(1)(1)When facilities are not required. Notwithstanding s. Trans 75.02, bikeways and sidewalks are not required on any highway on which the cost of establishing bikeways or sidewalks would be excessively disproportionate to the need or probable use of the bikeways or sidewalks. Cost is excessively disproportionate to the need or probable use of the bikeways or sidewalks if it exceeds 20 percent of the estimated total project cost.
Trans 75.04(2) (2)Costs considered. The cost of establishing a bikeway or sidewalk shall consider only the marginal cost of establishing any new or expanded bikeway or sidewalk and may not include any cost to reestablish any existing bikeway or sidewalk. Costs shall include only construction costs and the cost to acquire any real estate needed for a bikeway or sidewalk. Only 20 percent of the cost to acquire real estate needed for a bikeway or sidewalk shall be considered a cost of the bikeway or sidewalk if all of the following apply:
Trans 75.04(2)(a) (a) Existing right of way is sufficiently wide to establish the bikeway and sidewalk were the highway construction or reconstruction project to occur without any additional travel lane.
Trans 75.04(2)(b) (b) Additional real estate is needed to accommodate all needed travel lanes, bikeways and sidewalks.
Trans 75.04 Note Note: For example, a highway reconstruction project may require a gravel shoulder of sufficient width. Paving the shoulders could establish a bikeway. The cost to establish the bikeway shall consider only the cost of paving the shoulder, not the cost of the gravel shoulder. If the shoulder is widened for the bikeway beyond that ordinarily required for the roadway, the excess shoulder costs shall be considered costs to establish the bikeway, in addition to the cost of repaving the entire shoulder.
Trans 75.04(3) (3)Apportioning moneys. If the sum of costs for both sidewalks and bikeways exceeds 20 percent of the estimated total project cost, but the costs for either sidewalks or bikeways is less than 20 percent of the estimated total project cost, the authority may give more consideration to the inclusion of sidewalks as required in s. Trans 75.02 (2). The highway project shall include whichever of bikeways or sidewalks, or portions thereof, the authority, in consultation with the department, determines will provide the best value and costs 20 percent or less than the estimated total project costs. The highway project shall expend up to 20 percent of estimated total project costs on establishing sidewalks or bikeways or both.
Trans 75.04 Note Note: Assume a highway reconstruction project requiring no additional real estate and having estimated total project costs of $1,500,000 where roadway construction costs $1,150,000, the cost to build or rebuild sidewalks on both sides is $250,000, the cost to build or rebuild bikeways on both sides is $100,000, and where:
Trans 75.04 Note 1. Sidewalks already exist on both sides of the highway and no bikeways exist. In this example, the cost of establishing the sidewalks shall be considered to be zero, since the sidewalks are already established. The cost to establish both sidewalks and bikeways shall be considered to be $100,000, which represents 7 percent of estimated total project costs. Bikeways and sidewalks should be built on both sides of the highway.
Trans 75.04 Note 2. Sidewalk exists on only one side of that highway and no bikeways exist. In this example, the cost of establishing the sidewalks shall be considered to be $125,000, the cost to establish bikeways is $100,000, which together represents 15 percent of estimated total project costs. Bikeways and sidewalks should be built on both sides of the highway.
Trans 75.04 Note 3. Neither sidewalks nor bikeways exist. In this example, the cost to establish both sidewalks and bikeways is $350,000, which represents 23 percent of total project costs. In this case, expenditures to establish sidewalks and bikeways may be limited to $300,000, or 20 percent of total project costs.
Trans 75.04(4) (4)Documentation and approval required. Notwithstanding s. Trans 75.02 (4), if an authority determines that bikeways and sidewalks are not required under this section, the authority shall submit to the department a written justification for the exception as part of any agreement concerning funding for the highway construction and reconstruction project from any appropriation of state or federal funds under s. 20.395 or 20.866, Stats. If the department receives a justification under this subsection, the department may approve the expenditure of moneys from any state or federal appropriation under s. 20.395 or 20.866, Stats., for the highway project only if the secretary of transportation, or the secretary's designee who has knowledge of the purpose and value of bicycle and pedestrian accommodations, finds that the exception under this subsection applies.
Trans 75.04 History History: CR 10-082: cr. Register December 2010 No. 660, eff. 1-1-11.
Trans 75.05 Trans 75.05 Constrained environments.
Trans 75.05(1) (1) Notwithstanding s. Trans 75.02 and subject to subs. (3) and (4), bikeways and sidewalks are not required in a constrained environment if establishing them would have excessive negative impacts. A "constrained environment" is any area in which structures, improvements, natural resources, or historical or archaeological sites adjacent to the highway do not allow construction of all of the following on each side of the roadway unless the obstruction is eliminated:
Trans 75.05(1)(a) (a) A terrace at least 3 feet wide, including the width of the curb, and having no sidewalk.
Trans 75.05(1)(b) (b) A sidewalk that is either of the following:
Trans 75.05(1)(b)1. 1. Five feet wide, if adjacent to a terrace at least 3 feet wide.
Trans 75.05(1)(b)2. 2. Six feet wide, if adjacent to a curb or a terrace less than 3 feet wide.
Trans 75.05(1)(c) (c) A bikeway.
Trans 75.05(2) (2) Impacts are considered excessively negative if any of the following applies:
Trans 75.05(2)(a) (a) Establishing a sidewalk and bikeway together or just a sidewalk requires the reduction of the terrace width to less than 3 feet for more than 50 percent of total project length.
Trans 75.05(2)(b) (b) Eliminating obstructing structures or improvements adjacent to the highway would dramatically reduce the aesthetic value or functionality of the remaining area. The authority shall give significant weight to the impacts on abutting property owners in any constrained environment.
Trans 75.05(2)(c) (c) The environmental documentation process shows that establishing all of the facilities described in sub. (1) (a), (b), or (c) would result in loss or degradation of natural resources, historical or archaeological sites.
Trans 75.05(3) (3) In a constrained environment with excessive negative impacts, the authority shall include those facilities to the greatest extent the authority determines is practicable but may omit a sidewalk or bikeway, or both, from either or both sides of the roadway, or may vary the minimum widths specified in sub. (1). If an authority omits a bikeway or sidewalk under this subsection, the authority shall do all of the following:
Trans 75.05(3)(a) (a) Establish bikeways or sidewalks using the amount of space remaining in the highway after that omission.
Trans 75.05(3)(b) (b) Consider establishing those omitted facilities nearby the constrained environment.
Trans 75.05(4) (4) In a constrained environment, an authority shall establish bikeways if the authority can do so by reducing the terrace width to less than 3 feet for not more than 25 percent of the overall length of the project.
Trans 75.05(5) (5) If real estate is or will be acquired within the constrained environment for a travel lane, the authority shall consider whether the area remains a constrained environment or whether additional real estate could be acquired for purposes of a bikeway or sidewalk without generating excessive negative impacts. Real estate costs attributable to establishing any new bikeways or sidewalks may be considered under s. Trans 75.04 for purposes of determining costs.
Trans 75.05 History History: CR 10-082: cr. Register December 2010 No. 660, eff. 1-1-11.
Trans 75.06 Trans 75.06 Absence of need.
Trans 75.06(1)(1) In this section:
Trans 75.06(1)(a) (a) "Average daily traffic" or "ADT" means the total traffic volume during a stated period divided by the number of days in that stated period.
Trans 75.06(1)(b) (b) "Outlying district" means the territory contiguous to and including any highway within the corporate limits of a city or village where on each side of the highway within any 1,000 feet along such highway the buildings in use for business, industrial or residential purposes fronting thereon average more than 200 feet apart.
Trans 75.06(1)(c) (c) "Rural area" means any area that is not an urban area or a semi urban district.
Trans 75.06(1)(d) (d) "Semi urban district" means the territory contiguous to and including any highway where on either side of the highway within any 1,000 feet along such highway the buildings in use for business, industrial or residential purposes fronting thereon average not more than 200 feet apart or where the buildings in use for such purposes fronting on both sides of the highway considered collectively average not more than 200 feet apart.
Trans 75.06 Note Note: This will include most areas within small cities and villages that do not have a population large enough to be classified as an urban area.
Trans 75.06(1)(e) (e) "Urban area" means any area which is an urbanized area or urban place, as determined by the department under 23 USC 101 (a) and regulations adopted under 23 USC 101 (a) and approved by the appropriate federal authority.
Trans 75.06(2) (2) An authority may not omit sidewalks under this section in any semi urban district and in any urban area that is not an outlying district. In semi urban districts and urban areas, an authority may not omit a bikeway under this section if the highway has at least 1,500 ADT in the design year.
Trans 75.06 Note Note: Maps of urban area boundaries shall be available for inspection at offices of the department and copies of the maps shall be provided at cost to anyone requesting them.
Trans 75.06(3) (3) Bikeways are not required in an outlying district or rural area if the highway that is the subject of the construction or reconstruction project has, or upon completion will have, less than 750 ADT and any of the following applies:
Trans 75.06(3)(a) (a) The average bicycle traffic volume on the highway is or is expected to be less than 25 per day during the 10 most traveled days for bicycling of the year.
Trans 75.06(3)(b) (b) The highway is not identified in part of a government bike transportation plan, in the Wisconsin Bicycle Transportation Plan or in any other bicycle plan endorsed by or supported by the department.
Trans 75.06 Note Note: The Wisconsin Bicycle Transportation Plan is available online at:
Trans 75.06(3)(c) (c) The highway does not provide a connection of one mile or less between any existing or planned bike route, as defined in s. 340.01 (5m), Stats.
Trans 75.06(3)(d) (d) The highway is not a short connection of one mile or less needed to connect an existing bikeway to the nearest local road.
Trans 75.06(4) (4) An authority may omit bikeways or sidewalks in any outlying district or rural area unless the authority determines, based on an official land use plan, that there will be significant development within the outlying district within the next 10 years. Use of a sidewalk in an outlying district or rural area is presumed to be too sparse to justify including sidewalks. An authority may omit bikeways from any highway that has less than 750 ADT in the design year, but shall consider establishing a bikeway that will do any of the following:
Trans 75.06(4)(a) (a) Complete a gap of one mile or less in an otherwise continuous bike route.
Trans 75.06(4)(b) (b) Make a connection of not more than 3 miles from communities or urban areas to a town or county roadway network, excluding any dead end roadway.
Trans 75.06(5) (5) If an authority considers omitting a bikeway or sidewalk under this section, the authority shall consider changing patterns of use during the design life of the highway project. If the authority expects bikeway or sidewalk use to increase over the design life of the highway project, the authority shall give greater weight to use projected for the second half of the design life than for the first half of the design life. In this subsection, the "design life" is 20 years for a roadway, 75 years for a bridge.
Trans 75.06 History History: CR 10-082: cr. Register December 2010 No. 660, eff. 1-1-11.
Trans 75.07 Trans 75.07 Maintenance agreements; sidewalks.
Trans 75.07(1)(1) Notwithstanding s. Trans 75.02, an authority may omit sidewalks from a highway construction or reconstruction project if the local governmental unit refuses to agree in writing to maintain them. A refusal is valid under this section only if shown by ordinance, resolution or order of the city, village, town or county in which the highway lies. This section applies only in areas in which all of the following applies:
Trans 75.07(1)(a) (a) There are no sidewalks in the highway system under the authority's jurisdiction.
Trans 75.07(1)(b) (b) The city, village, town or county has no ordinance that requires the installation of sidewalks or that requires the removal of snow and ice from sidewalks.
Trans 75.07(1)(c) (c) The city, village, town or county lacks sufficient equipment for the efficient removal of snow or ice from sidewalks.
Trans 75.07(2) (2)Subsection (1) does not apply to any highway that is part of the national highway system.
Trans 75.07(3) (3) Except as provided in this section, an authority must agree, in writing, with the department, to maintain sidewalks as a condition of eligibility for state or federal funds appropriated under s. 20.395 or 20.866, Stats., for that highway construction or reconstruction project.
Trans 75.07 History History: CR 10-082: cr. Register December 2010 No. 660, eff. 1-1-11.
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