Trans 202.01 (1) As required by s. 84.106, Stats., this chapter establishes a Wisconsin scenic byways program. This chapter establishes the criteria and procedures to be used by the secretary to designate scenic byways. portions of the state trunk highway system as a scenic byway when the highway corridor possesses unusual, exceptional, or distinctive scenic features. Trans 202.01 (2) The purpose of this chapter is to identify, designate, promote and preserve a system of state trunk highways recognized for their outstanding scenic views and ability to offer travelers an exceptional travel experience. These byway corridors shall highlight the best scenic qualities along with the natural, historic, archeological, cultural and recreational opportunities available in Wisconsin. Program participation may increase roadway corridor recognition, increase marketing potential, promote community consensus building, aid in preservation of resources, and increase eligibility for federal or state funding for certain byway related projects along the corridor.
SECTION 5. Trans 202.02(intro) is amended to read:
Trans 202.02 Definitions. The words and phrases defined in s. ss. 84.106 and 340.01, Stats., have the same meaning in this chapter unless a different definition is specifically provided. In this chapter: SECTION 6. Trans 202.02 (10m) is created to read:
Trans 202.02 (10m) “Scenic byway sign” means an official sign designating a scenic byway as set forth in the manual adopted by the department, the Wisconsin Manual on Uniform Traffic Control Devices (MUTCD) under s.84.02(4)(e).
SECTION 7. Trans 202.02 (14) is amended to read:
Trans 202.02 (14) "Wisconsin scenic byway" or “scenic byway” means a state trunk highway or any combination of contiguous segments of state and federal highways, connecting highways, county highways or local roads state trunk highways that has have special scenic qualities or historic resources and may in addition have special scenic, historic, recreational, cultural, archeological, or natural qualities for which they are that is designated as a scenic byway by the secretary pursuant to s. 84.106 Stats. SECTION 8. Trans 202.05 (2) is amended to read:
Trans 202.05 (2) The route shall be on the state trunk highway system and be approximately 30 miles in length at a minimum and, where feasible, provide a completed closure or loop or connect to major highways at both ends of the route. The route may contain municipal streets or highways that the department has designated as connecting highways and that are marked as part of the state trunk highway system.
SECTION 9. Trans 202.05 (4) is repealed and recreated to read:
Trans 202.05 (4) Any of the following are not eligible for scenic byway designation:
(c)
Bike paths, sidewalks, hiking trails, and footpaths.(d)
ATV and snowmobile trails, except that roadways designated as ATV or snowmobile routes as defined in s. 23.33(1) (c) and 350.01(16), may be included in a scenic byway.(e)
Rustic roads designated under s. 83.42. (f)
Railroad rights of way.(g)
Any other facility not intended for use by motor vehicles (new). SECTION 10. Trans 202.08 is repealed and recreated to read:
Trans 202.08 Wisconsin scenic byway designation, as approved by the secretary, except as otherwise provided in this chapter, may not affect in any manner the authority and responsibilities of the department, any county or any local government over their respective segments of a scenic byway including responsibility for maintenance, safety, improvements or regulation of traffic.
SECTION 11. Trans 202.09 is repealed and recreated to read:
Trans 202.09 Designation as a Wisconsin scenic byway may not:
(a)
Prohibit or affect future roadway design or construction.(b)
Change the existing state or federal classification of the highway.(c)
Be a factor in department or local government decisions on whether or not a highway improvement project is necessary or appropriate for the designated highway.(d)
Be considered in determining local transportation aids paid under s. 86.30.(e)
Affect enforcement of state or local traffic laws.SECTION 12. Trans 202.10 (1) is repealed and recreated to read:
Trans 202.10 (1) The following units of government shall furnish, erect, replace and maintain signs marking scenic byways in accordance with the manual adopted by the department under s. 84.02(4) (e): (a) The department with respect to state trunk highways under its jurisdiction.
(b) A local government with respect to any highway under their maintenance not described in par. (a), including connecting highways.
SECTION 13. Trans 202.13 (3) is amended to read:
Trans 202.13 (3) The SBAC may recommend to the secretary that a scenic byway designation for a particular state trunk highway route be rescinded if the route no longer possesses the scenic or historic character of the route originally qualifying it for designation due to overdevelopment, the presence of some other visual detraction, the failure to adequately implement the corridor management plan, or if substantial modifications to the route have taken place under sub. (1). The department may request that the SBAC review and recommend whether a scenic byway designation for a particular route should be rescinded. If the SBAC recommends that a scenic byway designation for a route be rescinded, the department shall hold a public hearing on the removal. After the public hearing is held, the designation as a scenic byway for the route may be withdrawn upon approval of the secretary.
SECTION 14. EFFECTIVE DATE. This rule shall take effect on the first day of the month beginning after publication in the Wisconsin Administrative Register as provided in s. 227.22 (2), Stats. (END OF RULE TEXT)
