AB216: Bill Text

2. The bill specifies that DOT must issue permits to eligible applicants. Also under the bill, DOT permits authorize the trimming or removal, but not the relocation, of obstructing vegetation.

3. The bill eliminates the requirement that a permittee that removes planted vegetation must either relocate the planted vegetation or reimburse DOT for the value of the planted vegetation. The bill replaces this requirement with the requirement that a permittee that removes vegetation with a diameter of four inches or more must plant replacement vegetation to compensate for the vegetation removed. DOT must determine where the replacement vegetation is to be planted, but it must be planted in the highway right-of-way within ten miles of the location where the vegetation was removed.

4. The bill eliminates a requirement under current law that, under certain conditions, a sign owner applying for a permit must, at the time of the application, provide written notice of the application to any adjacent property owner and to the applicable municipality. The bill also eliminates a provision of current law requiring DOT, within 30 days of receiving an application, to determine whether the application is complete and to return it to the applicant if incomplete.

5. The bill eliminates a provision of current law that a permit may not authorize the trimming, removal, or relocation of vegetation in existence prior to the erection of the sign obstructed by the vegetation. The bill replaces this provision with a provision that DOT may not issue a permit to trim, remove, or relocate vegetation obstructing the view of a sign that is less than five years old (calculated from when DOT first collected the sign's permit fee).

6. The bill eliminates a provision of current law allowing DOT to require as a condition or restriction under a permit that the work authorized under the permit meet standards established by DOT. However, the bill retains current law that DOT has authority to supervise and determine how the work authorized under a permit is carried out.

7. The bill expands the definition of "vegetation," for purposes of the bill, to include grass. The bill also eliminates the distinction between various other types of vegetation, including "natural vegetation," "planted vegetation," and "specimen trees."

For further information see the state 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:

AB216, s. 1 Section 1. 84.305 (1) (c) of the statutes is repealed.

AB216, s. 2 Section 2. 84.305 (1) (d) of the statutes is repealed.

AB216, s. 3 Section 3. 84.305 (1) (f) of the statutes is repealed.

AB216, s. 4 Section 4. 84.305 (1) (g) of the statutes is repealed.

AB216, s. 5 Section 5. 84.305 (1) (h) of the statutes is amended to read:

AB216,3,8 84.305 (1) (h) "Vegetation" means any tree, shrub, hedge, or other woody plant, and includes planted vegetation, natural vegetation, and specimen trees. "Vegetation" does not include or grass.

AB216, s. 6 Section 6. 84.305 (1) (j) of the statutes is repealed.

AB216, s. 7 Section 7. 84.305 (1) (k) of the statutes is repealed.

AB216, s. 8 Section 8. 84.305 (2) (a) (intro.) and 3. of the statutes are consolidated, renumbered 84.305 (2) and amended to read:

AB216,4,12 84.305 (2) Notwithstanding ss. 66.1037 and 86.03, and subject to sub. (2m), upon application, the department may shall issue permits to sign owners for the trimming, or removal, or relocation of vegetation that is located in the right-of-way of a highway under the jurisdiction of the department for maintenance purposes and that obstructs a sign if any of the following applies: 3. Subject to par. (b), within a distance of 500 continuous feet along any portion of the viewing zone, any portion of the face of the sign is not viewable because of an obstruction to sight by natural vegetation in the highway right-of-way.

AB216, s. 9 Section 9. 84.305 (2) (a) 1. of the statutes is repealed.

AB216, s. 10 Section 10. 84.305 (2) (a) 2. of the statutes is repealed.

AB216, s. 11 Section 11. 84.305 (2) (a) 4. of the statutes is repealed.

AB216, s. 12 Section 12. 84.305 (2) (b) of the statutes is repealed.

AB216, s. 13 Section 13. 84.305 (3) (a) of the statutes is amended to read:

AB216,4,24 84.305 (3) (a) Subject to pars. (d) to (g) and sub. (4), a permit issued under this section authorizes the permittee to trim obstructing vegetation or remove or relocate obstructing individual plants vegetation to the extent necessary to eliminate the obstruction and remedy any condition specified under sub. (2) (a) 1. to 4 provide an unobstructed view of a sign for 500 continuous feet within the viewing zone. A permit issued under this section shall specify the vegetation or the portion of the highway right-of-way to which the permit applies.

AB216, s. 14 Section 14. 84.305 (3) (b) of the statutes is amended to read:

AB216,5,14 84.305 (3) (b) An application for a permit under this section shall specifically describe the work proposed by the applicant. The department shall grant or deny an application for a permit under this section, and notify the applicant of the department's decision, within 60 days of receipt of the application. Within 30 days of receipt of the application, the department shall determine whether the application is complete and, if not, the department shall return the application to the applicant and inform the applicant of what information, specifically described, must be provided by the applicant to complete the application. The department may not deny an application for a permit under this section based solely upon receipt by the department of an objection or complaint from a property owner or municipality receiving notice under par. (c), but the department may consider the objection or complaint in determining whether to grant or deny the application for a permit. If the department denies an application for a permit under this section, the department shall notify the applicant of reasons for the denial.

AB216, s. 15 Section 15. 84.305 (3) (c) of the statutes is repealed.

AB216, s. 16 Section 16. 84.305 (3) (d) of the statutes is amended to read:

AB216,5,20 84.305 (3) (d) A permit issued under this section may not authorize trimming, or removal, or relocation of vegetation located within a municipality and within 10 feet of the nearest edge of the highway pavement without prior approval for the trimming, or removal, or relocation from the municipality.

AB216, s. 17 Section 17. 84.305 (3) (e) of the statutes is renumbered 84.305 (2m) and amended to read:

AB216,6,5 84.305 (2m) A permit issued under this section may not authorize the permittee to trim, remove, or relocate vegetation in existence prior to the erection of the sign obstructed by the vegetation. Nothing in this paragraph prohibits the The department from issuing may not issue a permit under this section authorizing the trimming, or removal, or relocation of vegetation that, at the time the sign was erected, did not obstruct obstructing the view of the a sign if the department first collected a permit fee under s. 84.30 (10m) for that sign within the immediately preceding 5 years.

AB216, s. 18 Section 18. 84.305 (3) (f) of the statutes is repealed.

AB216, s. 19 Section 19. 84.305 (3) (g) of the statutes is amended to read:

AB216,6,12 84.305 (3) (g) A permit issued under this section may not authorize the permittee to clear-cut any highway right-of-way. The permit authorizes the permittee to trim, or remove, or relocate only the vegetation specified in the permit, or only vegetation within the area of the right-of-way specified in the permit, in accordance with the terms of the permit.

AB216, s. 20 Section 20. 84.305 (5) (a) of the statutes is amended to read:

AB216,6,23 84.305 (5) (a) Each permit issued under this section shall require a permittee that removes planted vegetation to either relocate the planted vegetation or reimburse the department for the value of the planted vegetation. The department shall present to the permittee the department's calculation of the value of the planted vegetation, and the permittee may elect to relocate the planted vegetation or to reimburse the department for the value of the planted vegetation as determined by the department any tree with a diameter of 4 inches or more as measured at 3 feet from the ground, or any other vegetation with a diameter of 4 inches or more, to plant comparable replacement vegetation to compensate for all such vegetation removed, in compliance with the requirements under pars. (d) and (e).

AB216, s. 21 Section 21. 84.305 (5) (b) of the statutes is repealed.

AB216, s. 22 Section 22. 84.305 (5) (c) of the statutes is repealed.

AB216, s. 23 Section 23. 84.305 (5) (d) of the statutes is created to read:

AB216,7,9 84.305 (5) (d) 1. In planting replacement vegetation under par. (a), the permittee shall determine the diameters of all trees with a diameter of 4 inches or more, as measured at 3 feet from the ground, and of all other vegetation with a diameter of 4 inches or more, that was removed and shall calculate the sum total of these diameters for each category of vegetation, such as for trees, for shrubs, and for hedges. In calculating the sum total of these diameters, the permittee shall not include in the calculation the diameter of any vegetation that was dead, diseased, or determined to be an invasive species at the time of its removal.

AB216,7,13 2. The permittee shall plant sufficient replacement vegetation with a diameter of at least 2 inches so that the sum total of the diameters of the replacement vegetation, for each category of vegetation, at least equals the sum total of the diameters as calculated under subd. 1. for that category.

AB216, s. 24 Section 24. 84.305 (5) (e) of the statutes is created to read:

AB216,7,16 84.305 (5) (e) 1. Subject to subd. 2., the department shall determine where replacement vegetation required under this subsection is to be planted.

AB216,7,20 2. Replacement vegetation required under this subsection shall be planted in the highway right-of-way not farther than 10 miles from the location of the removed vegetation being replaced. Replacement vegetation may not be planted in front of a sign.

AB216, s. 25 Section 25. 84.305 (6) of the statutes is amended to read:

AB216,8,2 84.305 (6) The department shall have authority to supervise and determine how the work authorized under a permit issued under this section is carried out. The department may require as a condition or restriction under any permit issued under this section that the work authorized under the permit meet standards established by the department.

AB216, s. 26 Section 26. 84.305 (7) of the statutes is amended to read:

AB216,8,11 84.305 (7) Nothing in this section prohibits a sign owner and the department from voluntarily negotiating for, and the department from authorizing without the issuance of a permit under this section, the trimming, or removal, or relocation of any vegetation in a highway right-of-way in order to provide an unobstructed view of a sign, except in situations where sub. (3) (d) would apply if a permit were issued under this section. Nothing in this section restricts the department's authority with respect to departmental maintenance operations in the rights-of-way of highways under the department's jurisdiction.

AB216, s. 27 Section 27. Effective date.

AB216,8,13 (1) This act takes effect on the 30th day after the day of publication.

AB216,8,14 (End)