84.09(7)
(7) When transportation funds or federal aid are involved in financing an expressway project under
s. 59.83 [59.84], the department, proceeding under the general authority in this section, may order that all or certain parts of the required land or interests therein shall be acquired by the county board or its designated standing committee. When so ordered, the county board or its designated standing committee and the department shall appraise and agree on the maximum price, including all damages recoverable in condemnation proceedings, considered reasonable for the lands or interests to be so acquired. The county board or its designated standing committee shall endeavor to obtain easements or title in fee simple by conveyance of the lands or interests required, to the county or the state as grantee, all as directed in the department's order. The instrument of conveyance shall be subject to approval by the department, and shall be recorded in the office of the register of deeds and filed with the department. If the needed lands or interests therein cannot be purchased expeditiously within the agreed appraised price, the county board or its designated standing committee may acquire them by condemnation under
ch. 32, but any award by the county board or its designated standing committee in excess of the agreed appraisal price shall be subject to review by the department. For the purposes and in the manner provided in
s. 59.83 [59.84] (2) (d) 1., when so directed in the department's order, the county board or its designated standing committee may acquire remnants, and with the approval of the department the county board may dispose of remnants and may improve, use, maintain or lease lands and interests acquired and held in trust for the state until they are actually needed for expressway construction. The net proceeds of the sales or rentals shall be remitted to the state or retained and used for expressway purposes when so directed by the department.
84.09 Note
NOTE: The bracketed language indicates the correct cross-reference.
1995 Wis. Act 201 renumbered s. 59.965 to be 59.84, but incorrectly changed this cross-reference. Corrective legislation is pending.
84.09(8)(a)(a) In this subsection, "surplus land" means land under the jurisdiction of the department which is unused and not needed for department operations or included in the department's plan for construction or development.
84.09(8)(b)
(b) Biennially, beginning on January 1, 1984, the department shall submit to the state building commission and the joint committee on finance an inventory of surplus land containing a general description of the location and an estimated value of each parcel.
84.09 Annotation
Where federal law required consideration and minimization of impact on lands containing Indian artifacts in designing a highway project, but did not specifically require mitigation, condemnation of five acres for mitigation outside the highway right-of-way was not authorized by this section. Mitton v. Transportation Dept. 184 W (2d) 738, 516 NW (2d) 709 (1994).
84.09 Annotation
The commission has the power to condemn lands of one property owner to provide a public access road to another property owner who would otherwise be landlocked. 61 Atty. Gen. 36.
84.09 Annotation
The highway commission may properly engage in hardship acquisitions under this section without the filing of an environmental impact statement under either federal or state law but must in such instances comply with the requirements of 84.09 and 32.25 (1). 62 Atty. Gen. 200.
84.10
84.10
Maintenance and operation of bridges not on state trunks. The amounts allocated under
s. 20.395 (3) (cq) and
(eq) for the purposes described in this section shall be expended by the department for the maintenance and operation of bridges not on the state trunk highway system which were constructed, reconstructed, or purchased under
s. 84.11 before August 9, 1989, and under
s. 84.12 and free bridges located in connecting highways in 4th class cities, and towns, which have a length, not including approaches, of 300 feet or more, or a swing or lift span. Except as provided in a jurisdictional transfer agreement under
s. 84.16, all matters relating to the maintenance and operation of such bridges shall be under the control of the department. Maintenance and operation shall not include the roadway lighting system and shall not include snow and ice removal and control for bridges located on connecting highways. The department may arrange with any county highway committee or with any city, village or town for the operation or maintenance or both of any such bridge; and any county highway committee, city, village or town may enter into such arrangement.
84.102
84.102
Governor Nelson Dewey Memorial Highway. In order to commemorate the first governor of the state of Wisconsin, the department shall designate and mark as the "Governor Nelson Dewey Memorial Highway" STH 81 from its junction with STH 35 in Grant county to Cassville, Governor Dewey's hometown.
84.102 History
History: 1989 a. 76.
84.1022
84.1022
Green Bay ethnic trail. 84.1022(1)
(1) The department shall designate and mark a transportation corridor commencing at the state line in Kenosha county and proceeding northerly to Green Bay in Brown county as the "Green Bay Ethnic Trail" to commemorate the historical achievements and contributions of earlier ethnic settlements along the shore of Lake Michigan.
84.1022(2)
(2) The transportation corridor shall consist of the following highway route:
84.1022(2)(a)
(a) In Kenosha county, commencing at Russel road at the Illinois-Wisconsin state line and proceeding northerly for approximately 16.7 miles on STH 31 to its junction with CTH "MM" in Racine county.
84.1022(2)(b)
(b) In Racine county, proceeding northerly for approximately 0.9 mile on CTH "MM" to its junction with STH 38; then proceeding westerly for approximately 1.0 mile on STH 38 to its junction with STH 31; then proceeding northerly for approximately 4.0 miles on STH 31 to its junction with STH 32; and then proceeding northerly for approximately 6.9 miles on STH 32 to its junction with 10th avenue in the city of South Milwaukee in Milwaukee county. The route shall include STH 32 commencing at Four mile road and proceeding northerly for approximately 2 miles to its junction with STH 31.
84.1022(2)(c)
(c) In Milwaukee county, proceeding northerly for approximately 1.6 miles on 10th avenue to its junction with STH 32; then proceeding northerly for approximately 0.8 mile on STH 32 to its junction with STH 62; then proceeding northerly for approximately 1.8 miles on STH 62 to its junction with Layton avenue in the city of Cudahy; then proceeding westerly for approximately 0.1 mile on Layton avenue to its junction with Kinnickinnic avenue; then proceeding northerly for approximately 2.2 miles on Kinnickinnic avenue to its junction with STH 32; then proceeding northerly for approximately 2.3 miles on STH 32 to its junction with 1st street in the city of Milwaukee; then proceeding northerly for approximately 0.5 mile on 1st street to its junction with STH 59; then proceeding westerly for approximately 0.1 mile on STH 59 to its junction with 2nd street; then proceeding northerly for approximately 0.6 mile on 2nd street to its junction with N. Plankinton avenue; then proceeding northerly for approximately 0.6 mile on N. Plankinton avenue to its junction with Kilbourn avenue; then proceeding westerly for approximately 0.1 mile on Kilbourn avenue to its junction with N. Old World 3rd street; then proceeding northerly for approximately 0.7 mile on N. Old World 3rd street to Dr. Martin Luther King Jr. drive; then proceeding northerly for approximately 3.0 miles on Dr. Martin Luther King Jr. drive to its junction with STH 57; and then proceeding northerly for approximately 9.9 miles on STH 57 to its junction with Green Bay road in the village of Thiensville in Ozaukee county.
84.1022(2)(d)
(d) In Ozaukee county, proceeding northerly for approximately 5.7 miles on Green Bay road to its junction with S. Falls road in the village of Grafton; then proceeding northerly for approximately 0.2 mile on S. Falls road to its junction with 12th avenue; then proceeding northerly for approximately 1.8 miles on 12th avenue to its junction with Green Bay road; then proceeding northerly for approximately 2.8 miles on Green Bay road to its junction with Green Bay avenue in the village of Saukville; then proceeding northeasterly for approximately 1.0 mile on Green Bay avenue to its junction with STH 33; then proceeding easterly for approximately 1.1 miles on STH 33 to its junction with Green Bay road; then proceeding northerly for approximately 1.0 mile on Green Bay road to its junction with Hillcrest drive; then proceeding easterly for approximately 0.1 mile on Hillcrest drive to its junction with CTH "LL"; and then proceeding northeasterly for approximately 11.9 miles on CTH "LL" to its junction with CTH "LLL" in Sheboygan county.
84.1022(2)(e)
(e) In Sheboygan county, proceeding northerly for approximately 0.2 mile on CTH "LLL" to its junction with Main street in the village of Cedar Grove; then proceeding northerly for approximately 0.9 mile on Main street to its junction with STH 32; then proceeding northerly for approximately 18.1 miles on STH 32 to its junction with STH 42; and then proceeding northerly for approximately 6.7 miles on STH 42 to its junction with Pioneer road in the village of Spring Valley in Manitowoc county.
84.1022(2)(f)
(f) In Manitowoc county, proceeding northwesterly for approximately 0.8 mile on Pioneer road to its junction with STH 42; then proceeding northerly for approximately 11.0 miles on STH 42 to its junction with US 151; then proceeding easterly for approximately 0.5 mile on US 151 to its junction with CTH "R"; and then proceeding northwesterly for approximately 20.6 miles on CTH "R" to its junction with CTH "T" in Brown county.
84.1022(2)(g)
(g) In Brown county, proceeding northwesterly for approximately 0.6 mile on CTH "T" to its junction with E. Main street in the village of Denmark; then proceeding westerly for approximately 0.2 mile on E. Main street to its junction with Green Bay road; then proceeding northwesterly for approximately 0.5 mile on Green Bay road to its junction with CTH "R"; then proceeding northwesterly for approximately 1.8 miles on CTH "R" to its junction with Steve's Cheese road; then proceeding northwesterly for approximately 1.0 mile on Steve's Cheese road to its junction with CTH "R"; then proceeding northwesterly for approximately 0.8 mile on CTH "R" to its junction with Stage Coach road; then proceeding northwesterly for approximately 1.3 miles on Stage Coach road to its junction with CTH "R"; and then proceeding northwesterly for approximately 9.6 miles on CTH "R", ending at the easterly shore of the Fox river in the city of Green Bay.
84.1022(3)
(3) The department shall erect markers at regular intervals along the route specified in
sub. (2), including at appropriate areas historical markers, to clearly identify to motorists each change from one road, street or highway to another road, street or highway along the designated route. The department shall erect historical markers at appropriate areas along the designated route. Any marker erected by the department shall clearly identify to motorists the designation of the route in commemoration of the diverse ethnic heritage along the shore of Lake Michigan in this state.
84.1022 History
History: 1993 a. 6.
84.1025
84.1025
Frank Lloyd Wright Memorial Highway. In recognition of the architectural accomplishments of Frank Lloyd Wright, the department shall designate and mark as the "Frank Lloyd Wright Memorial Highway" USH 14 commencing at Richland Center and proceeding easterly to Madison.
84.1025 History
History: 1991 a. 27,
39.
84.103
84.103
Veterans memorial highways. 84.103(1)
(1)
Wisconsin veterans memorial highway. The department shall designate and mark the following routes as parts of the "Wisconsin Veterans Memorial Highway" as living memorials to and in honor of all Wisconsin veterans, living and dead, of all wars in which the United States has engaged:
84.103(1)(a)
(a) I 94 commencing at Milwaukee and proceeding westerly to Madison.
84.103(1)(b)
(b) I 90 and I 94 commencing at Madison and proceeding northwesterly to the junction of I 90 and I 94 approximately 2 miles east of Tomah.
84.103(1)(c)
(c) I 90 commencing at the junction in
par. (b) and proceeding westerly to La Crosse.
84.103(1)(e)
(e) I 94 commencing at the junction in
par. (b) and proceeding northwesterly to Hudson.
84.103(1)(f)
(f) I 90 commencing at Madison and proceeding southerly to Beloit.
84.103(1)(g)
(g) I 94 commencing at Milwaukee and proceeding southerly to the state line.
84.103(1m)
(1m) World War I veterans memorial highway. The department shall designate and mark STH 29 commencing at Kewaunee and proceeding westerly to the state line at Prescott as the "World War I Veterans Memorial Highway" as a living memorial to and in honor of all Wisconsin veterans, living and dead, of World War I.
84.103(1r)
(1r) World War II veterans memorial highway. The department shall designate and mark USH 41 commencing at Milwaukee and proceeding northerly to Marinette as the "World War II Veterans Memorial Highway" as a living memorial to and in honor of all Wisconsin veterans, living and dead, of World War II.
84.103(1t)
(1t) Purple Heart Memorial Highway. The department shall designate USH 14 commencing at the Wisconsin-Minnesota border and proceeding easterly to Richland Center as the "Purple Heart Memorial Highway" as a permanent memorial to and in honor of all persons wounded, injured or killed as the direct result of enemy action who have been awarded this high honor in the name of the president of the United States. The department shall erect a permanent memorial marker along this route to identify the designation of the highway under this subsection.
84.103(2)
(2) Korean war veterans memorial highway. The department shall designate and mark the route of USH 51, extending from the Wisconsin-Illinois border to the Wisconsin-Michigan border, as the "Korean War Veterans Memorial Highway" as a living memorial to and in honor of all Wisconsin veterans, living and dead, of the Korean war.
84.103(3)
(3) Vietnam war veterans memorial highway. The department shall designate and mark the route of USH 10, commencing at Manitowoc and proceeding westerly to the Wisconsin-Minnesota border, as the "Vietnam War Veterans Memorial Highway" as a living memorial to and in honor of all Wisconsin veterans, living and dead, of the Vietnam war.
84.103(4)
(4) Markers. The department shall erect at regular intervals along the routes of the highways under this section markers, including at appropriate areas historical markers, to clearly identify to motorists the respective designations of the highways as memorials to Wisconsin veterans.
84.1032
84.1032
Blue Star memorial highway. The department shall designate STH 23 commencing at Sheboygan and proceeding westerly to the Sheboygan county line as a "Blue Star Memorial Highway" to commemorate and honor the armed forces of the United States of America and all individuals who have served or will serve in this nation's armed forces.
84.1032 History
History: 1993 a. 20.
84.1035
84.1035
Peace memorial highway. The department shall designate and mark USH 53 commencing at La Crosse and proceeding northerly to Superior as the "Peace Memorial Highway" to commemorate the contributions and devotion of the citizens of this state to international peace and greater understanding among nations. The department shall erect markers at regular intervals along the route, including at appropriate areas historical markers, to clearly identify to motorists the designation of the highway as a memorial to international peace.
84.1035 History
History: 1989 a. 343.
84.1038
84.1038
Iron Brigade memorial highway. The department shall designate and mark, consistent with any standards that may be developed by the department for memorial highway designations, USH 12 from the state line in Walworth county to the state line in St. Croix county as the "Iron Brigade Memorial Highway" as a living memorial to and in honor of the members of the Second, Sixth and Seventh Wisconsin regiments who served in the Iron Brigade of the Union army in the Civil War of 1861 to 1865.
84.1038 History
History: 1993 a. 442.
84.1039
84.1039
84th Division "Railsplitters" Memorial Highway. 84.1039(1)(1) The department shall designate and mark, subject to
sub. (2), STH 33 commencing at La Crosse and proceeding easterly to Port Washington as the "84th Division `Railsplitters' Memorial Highway" as a living memorial to and in honor of the men and women of the 84th Division who by their bravery and sacrifice in World Wars I and II brought great credit to this state and to their division, which traces its lineage back to the service of Abraham Lincoln in this state during the Blackhawk war of 1832.
84.1039(2)
(2) Upon receipt of sufficient contributions from interested parties, including any county, city, village or town, to cover the cost of erecting and maintaining markers along the route specified in
sub. (1) to clearly identify to motorists the designation of the route as the "84th Division `Railsplitters' Memorial Highway", the department shall erect and maintain the markers. No state funds, other than from the receipt of contributions under this subsection, may be expended for the erection or maintenance of the markers.
84.1039 History
History: 1995 a. 297.
84.104
84.104
32nd Division memorial highway. In order to commemorate the 32nd Infantry Division, also known as The Red Arrow Division, which, while composed mainly of men from Wisconsin, Illinois and Michigan, brought fame and glory to these states during World Wars I and II by their sacrifice, devotion and bravery and which is now established as a Wisconsin national guard division, the department is directed to establish a highway memorial designated route 32 by renumbering certain existing highways linking Illinois and Michigan through Wisconsin. Beginning at the Illinois-Wisconsin state line renumber state trunk highway 42 to a point where it joins the present Wisconsin state trunk highway 32 at Sheboygan; continuing over the present Wisconsin state trunk highway 32 north to the junction with U.S. highway 8 at Laona; continuing over the present Wisconsin state trunk highway 32 north to junction with U.S. highway 45 at Three Lakes; thence north on U.S. highway 45 to Michigan-Wisconsin state line at Land O'Lakes. The department is further directed that in addition to the numeral 32, the highway markers on this highway carry a red arrow, and that historical markers be erected and maintained along the highway in honor of the 32nd Division and its members.
84.104 History
History: 1977 c. 29 s.
1654 (8) (a).
84.1042
84.1042
Lloyd Spriggle Memorial Bridge. The department shall designate and mark, consistent with any standards that may be developed by the department for memorial highway designations, the bridge on USH 63 across the Wisconsin channel in Pierce county as the "Lloyd Spriggle Memorial Bridge" in recognition and appreciation of Lloyd Spriggle, a local civic leader of Pierce county who actively worked for over 50 years to preserve and protect the environment and to improve the water quality and the beauty of the rivers, streams, lakes and forests of this state.
84.1042 History
History: 1993 a. 364.
84.1043
84.1043
Cinco de mayo memorial highway. In recognition of the day of celebration that commemorates Mexico's victory over an invading French army on May 5, 1862, and in recognition and appreciation of the contributions and cultural heritage of Hispanics in the state whose ancestors originated in Mexico, the department shall designate and mark as the "Cinco de Mayo Memorial Highway" the route of STH 59 within the city of Milwaukee.
84.1043 History
History: 1991 a. 39.
84.1045
84.1045
Roland Kampo bridge. The department shall designate and mark, consistent with any standards that may be developed by the department for memorial highway designations, the Little Lake Butte des Morts bridge on STH 441 in Winnebago county as the "Roland Kampo Bridge" in recognition and appreciation of Roland Kampo, a local civic leader of the Fox valley region who was instrumental in the creation of the tri-county expressway in Calumet, Outagamie and Winnebago counties.
84.1045 History
History: 1993 a. 237.
84.1046
84.1046
Airborne forces memorial bridge. 84.1046(1)
(1) The department shall mark the bridge across the Wisconsin river on USH 10 in the city of Stevens Point as the "Airborne Forces Memorial Bridge" in recognition and appreciation of the military service performed by members of the airborne forces of the U.S. armed services, who served in time of war and in time of peace.
84.1046(2)
(2) The department shall erect a sign on each end of the bridge to clearly identify to motorists the marking of the bridge under this section. In cooperation with the applicable local municipalities, the department shall erect a permanent granite monument in close proximity to the bridge. The department shall design the permanent granite monument after consultation with the badger state chapter of the 82nd airborne division association. The department shall not expend more than $5,000 for the erection of the monument and the signs under this subsection.
84.1046 History
History: 1993 a. 278;
1993 a. 491 s.
136; Stats. 1993 s. 84.1046.
84.1047
84.1047
POW/MIA memorial highway. The department shall designate the route of STH 13, commencing at Wisconsin Dells and proceeding northerly to Superior as the "POW/MIA Memorial Highway" as a living memorial to and in honor of all prisoners of war, ex-prisoners of war and those who are currently or were formerly missing in action, of all wars in which the United States has engaged. The department shall erect markers at appropriate locations in close proximity to the route of the highway under this section to commemorate the designation of the highway.
84.1047 History
History: 1993 a. 396 s.
1;
1993 a. 491 s.
137; Stats. 1993 s. 84.1047.
84.105
84.105
National parkways. 84.105(1)(1)
Department of transportation to cooperate with federal agencies. The legislature of the state of Wisconsin hereby declares that the intent of this section is to assent to any act of the United States congress authorizing the development of any national parkway located wholly or partly within the state of Wisconsin, to the full extent that is necessary to secure any benefits under such act, provided that the hunting of migratory waterfowl and other game and fishing shall not be prohibited or otherwise restricted by the United States government or any of its designated agencies in control of said project, and to authorize the appropriate state boards, commissions, departments and the governing bodies of counties, cities, towns and villages and especially the department of transportation to cooperate in the planning and development of all national parkways that may be proposed for development in Wisconsin, with any agency or department of the government of the United States in which is vested the necessary authority to construct or otherwise develop such national parkways. Whenever authority shall exist for the planning and development of any national parkway, of which any portion shall be located in this state, it shall be the duty of the department of transportation to make such investigations and studies in cooperation with the appropriate federal agency, and such state boards, commissions and departments as shall have an interest in such parkway development, to the extent that shall be desirable and necessary in order to provide that the state shall secure all advantages that may accrue through such parkway development and that the interests of the counties, cities, villages and towns along the route shall be conserved.
84.105(2)
(2) Definitions. For the purposes of this section, all terms applying to any parkway, such as "secretary", "parkway", "scenic landscape", "sightly or safety easement", "access", "parkway road", "parkway development", "national parkway", "frontage", and other or similar terms, which are defined in any act of the United States Congress applicable to such national parkway, shall have the meanings set forth in such act. The term "national parkway" as used in this section shall mean and include the Great River Road and appurtenances thereto, as provided in section 14 of
P.L. 83-350, or any other parkway or road in Wisconsin projected in general accordance with the recommended plan set forth in the joint report submitted to the congress November 28, 1951, by the secretaries of commerce and interior pursuant to the act of August 24, 1949 (
P.L. 81-262) to the end that the department shall have authority to act with reference to them as provided by this section.
84.105(3)
(3) Department shall make investigations. The department shall have full authority to make such investigations, surveys, studies and plans in connection with any proposed national parkway or parkway development as it shall deem necessary or desirable in order to determine if the proposed development, under the terms of the act of the United States Congress applicable to such parkway or any regulations under such act, are advantageous to the state. Such parkway development may be any portion of the proposed parkway, which it may be proposed to construct as a project under such act. The department may hold such hearings in connection with such investigations as it deems necessary or desirable, and shall give notice of such hearings by publication of a class 2 notice, under
ch. 985, in the area affected.
84.105(4)
(4) Finding and determination. When the department has completed its investigations with respect to any proposed national parkway development, it shall make its findings and determination with respect to such proposed development. Such finding and determination shall state whether or not such proposed national parkway development is deemed advantageous to the state, shall include such information with respect to the development as shall be necessary to state its character and extent, and shall estimate the cost thereof and separately, the amount and character of lands necessary to be acquired in fee simple and in easements, with their cost, and needed to carry out the development.
84.105(5)
(5) Parkway to be state trunk highway. If the department, after such investigations and studies, shall find that the proposed parkway development is advantageous to the state, it shall have full authority to perform, on behalf of the state, each and every duty required of the state by the act of the U.S. congress applicable to such parkway development, in order to secure the proposed development project for the state. For the purposes of such development project, the parkway shall be a portion of the state trunk highway system.
84.105(6)
(6) Right-of-way and easements. All lands for right-of-way to be acquired in fee simple and all easements necessary to be acquired for the purposes of the proposed national parkway development shall be acquired by the department in the name of the state, as may be required by the act of the U.S. congress applicable thereto. Any lands owned by the state, or by any county, city, village or town, may be conveyed to the United States for the purposes of the parkway in the manner provided by law. The department may acquire such lands by gift, purchase agreement, or by exercising the right of eminent domain in any manner that may be provided by law for the acquirement of lands for public purposes. The department may convey such lands to the U.S. government or any of its agencies, as may be required by the act of the U.S. congress applicable to such national parkway.
84.105(7)
(7) Liberal construction. All powers granted in this section shall be liberally construed in favor of the department and any proposed national parkway development projects.
84.107
84.107
Great River Road. 84.107(1)(1) The department shall designate and mark as the "Great River Road" the route in Grant, Crawford, Vernon, La Crosse, Trempealeau, Buffalo, Pepin and Pierce counties commencing at the Wisconsin-Illinois border and proceeding northerly on STH 35 to its junction with STH 133; then proceeding westerly on STH 133 to its junction with CTH "VV" near Cassville; then proceeding northerly on CTH "VV" to its junction with CTH "A"; then proceeding westerly on CTH "A" to its junction with CTH "X" in Bagley; then proceeding northerly on CTH "X" to its junction with CTH "C"; then proceeding easterly on CTH "C" to its junction with STH 35, with all of the preceding highways in Grant county; then proceeding northerly on STH 35 to its junction with USH 14/61 in La Crosse county; then proceeding northerly on USH 14/61 to its junction with USH 53; then proceeding northerly on USH 53 to its junction with STH 35; then proceeding northerly on STH 35 to its junction with Business 35/CTH "HD" near Holmen; then proceeding northerly on Business 35/CTH "HD" to its junction with STH 35; then proceeding northerly on STH 35 to its junction with USH 10 in Pierce county; and then proceeding westerly on USH 10 to the Wisconsin-Minnesota border.
84.107(2)
(2) If the department, after investigations and studies, finds that any proposed Great River Road development is advantageous to the state, it shall have full authority to perform, on behalf of the state, each and every duty required of the state, in order to secure and complete the proposed development project. For the purposes of such development projects, the Great River Road shall be a portion of the state trunk highway system.
84.107 History
History: 1993 a. 357.
84.11
84.11
Local bridge construction and reconstruction. 84.11(1)(1)
Definitions. In this section:
84.11(1)(a)
(a) "Construction" includes reconstruction.
84.11(1)(b)
(b) "Local bridge" means a bridge which is not on the state trunk highway system or on marked routes of the state trunk highway system designated as connecting highways.
84.11(1g)
(1g) Administration. The department shall administer the local bridge construction program and shall have all powers necessary and convenient to implement this section.
84.11(1m)
(1m) Eligibility and project extent. Local bridges are eligible for construction under this section. Projects under this section include all approaches and embankments, acquisition of lands necessary for right-of-way or other purposes, and all other necessary appurtenances.
84.11(1r)
(1r) Rules. The department shall promulgate rules to implement this section. The rules shall include criteria for selecting and evaluating projects which are eligible for construction under this section.
84.11(2)
(2) Initiation of proceedings. Proceedings for the construction of a bridge project under
sub. (1m) may be initiated by a petition filed with the department. The petition shall state that the petitioner desires such construction, and the approximate location thereof, and that, in the opinion of petitioner, the construction is necessary and is a bridge project eligible for construction under this section. The petition may be filed by any county, city, village or town. The petition shall be duly adopted by the governing body of the county, city, village or town, and a certified copy of the adopted petition shall be filed with the department.
84.11(3)
(3) Hearing. Within 60 days of the receipt of a petition under
sub. (2), the department shall fix a time and place for a hearing and give notice of the hearing by publication of a class 2 notice, under
ch. 985, in the vicinity of the proposed bridge project. Notice shall also be given by registered letter addressed to the clerks of the counties, cities, villages and towns in which any part of the bridge project will be located. The notice shall also be given to the secretary of natural resources either by registered mail or personally. The hearing may be held in any county, city, village or town in which any part of the bridge project will be located.
84.11(4)
(4) Finding, determination and order. After such hearing the department shall make such investigation as it considers necessary in order to make a decision in the matter. If the department finds that the construction is necessary it shall determine the location of the project and whether the project is eligible for construction under this section. The department shall also determine the character and kind of bridge most suitable for such location and estimate separately the cost of the bridge portion and the entire project. The department shall make its finding, determination and order, in writing, and file a certified copy thereof with the clerk of each county, city, village and town in which any portion of the bridge project will be located and also with the secretary of state and the state treasurer. The determination of the location of the project made by the department and set forth in its finding, determination and order, shall be conclusive as to such location and shall constitute full authority for laying out new streets or highways or for any relocations of highways made necessary for the construction of the project and for acquirement of any lands necessary for such streets or highways, relocation or construction. The estimate of cost made by the department shall be conclusive insofar as cost may determine eligibility of construction under this section.
