86.26(2)
(2) The department may approve deviations from the minimum standards in special cases where the strict application of the standards is impractical and where such deviation is not contrary to the public interest and safety and the intent of this section.
86.26(3)
(3) This section does not apply to improvements on existing town roads as of the effective date of rules promulgated by the department under
s. 86.266 or September 30, 1994, whichever comes first.
86.265
86.265
Rules for town road bridge standards. The department shall establish by rule uniform minimum design standards for the improvement of town road bridges.
86.265 History
History: 1981 c. 20;
1987 a. 137 s.
6.
86.266
86.266
Rules for town road standards. The department shall establish by rule uniform minimum geometric standards for the improvement of existing town roads.
86.266 History
History: 1991 a. 39.
86.30
86.30
General transportation aids. 86.30(1)
(1)
Definitions. In this section:
86.30(1)(c)
(c) "Municipality" means a city, village or town.
86.30(1)(e)
(e) "Statewide county average cost-sharing percentage" means a factor determined for counties by which multiyear average costs under
s. 86.303 are multiplied to fully distribute the amounts specified in
sub. (9) (b) for the purpose of determining the share of costs.
86.30(1)(f)
(f) "Statewide municipal average cost-sharing percentage" means a factor determined for municipalities by which multiyear average costs under
s. 86.303 are multiplied to fully distribute the amounts specified in
sub. (9) (c) for the purpose of determining the share of costs.
86.30(1)(g)
(g) "Three-year average costs" means the amount determined based on the 3 most recent years of actual costs established under
s. 86.303.
86.30(2)
(2) Transportation aids distribution. 86.30(2)(a)1.1. Except as provided in
pars. (b),
(d) and
(dm) and
s. 86.303, the amount of transportation aids payable by the department to each county shall be the aids amount calculated under
subd. 2. and to each municipality shall be the aids amount calculated under
subd. 2. or
3., whichever is greater.
86.30(2)(a)2.a.a. The share of costs for a municipality is the amount determined by multiplying the statewide municipal average cost-sharing percentage by the municipality's multiyear average costs under
s. 86.303.
86.30(2)(a)2.b.
b. The share of costs for a county is the amount determined by multiplying the statewide county average cost-sharing percentage by the county's multiyear average costs under
s. 86.303.
86.30(2)(a)3.
3. For each mile of road or street under the jurisdiction of a municipality as determined under
s. 86.302, the mileage aid payment shall be an amount equal to the following:
86.30(2)(b)1.1. Except as provided under
par. (d) and
s. 86.303 (5), no municipality whose aid is determined under
par. (a) 2. may receive an increase in its annual transportation aid payment in excess of 15% of its last previous calendar year aid payment or a decrease in its annual transportation aid payment in excess of 5% of its last previous calendar year transportation aid payment.
86.30(2)(b)1g.
1g. Except as provided under
par. (d) and
s. 86.303 (5), no municipality whose aid is determined under
par. (a) 3. may receive a decrease in its annual transportation aid payment in excess of 5% of its last previous calendar year transportation aid payment.
86.30(2)(b)1r.
1r. Except as provided under
s. 86.303, no county may receive an increase in its annual transportation aid payment in excess of 15% of its last previous calendar year aid payment. Except as provided under
par. (dm) and
s. 86.303, no county may receive a decrease in its annual transportation aid payment in excess of 2% of its last previous calendar year transportation aid payment.
86.30(2)(b)2.
2. The last previous calendar year aid payment to a municipality whose aid is determined under
par. (a) 3. is adjusted in proportion to changes in the mileage under the jurisdiction of the municipality before an adjustment under
subd. 1g. is made.
86.30(2)(d)
(d)
Aid limitation based on reported costs. No municipality may be paid an amount under this section greater than 85% of its 3-year average costs.
86.30(2)(dm)1.1. If the department of revenue requests the department to reduce the aids paid to a county under
par. (e), the department shall reduce those aids by the amount specified under
s. 66.77 (4) (b).
86.30(2)(dm)2.
2. An amount equal to the amount of the reductions under
subd. 1. is lapsed to the transportation fund.
86.30(2)(e)
(e)
Aid payments. General transportation aids under this section shall be calculated and distributed on the basis of a calendar year. General transportation aids shall be paid in 4 equal instalments on the first Monday in January, April, July and October. If adjustments are necessary, the department may adjust any of the scheduled aid payments in a calendar year. The payments shall be made from the appropriation under
s. 20.395 (1) (as) or
(at) for the fiscal year in which the payments are made.
86.30(2)(f)
(f)
Corrections of aid payments. In making corrections to transportation aid payments under this section:
86.30(2)(f)1.
1. If the sum of all underpayments and overpayments results in a net underpayment, the net underpayment shall be paid from the appropriation under
s. 20.395 (1) (ar).
86.30(2)(f)2.
2. If the sum of all underpayments and overpayments results in a net overpayment, the net overpayment shall be returned to the transportation fund.
86.30(7)
(7) Use of aids. All transportation aids distributed under this section shall be used for transportation related expenditures.
86.30(9)(b)(b) For the purpose of calculating and distributing aids under
sub. (2), the amounts for aids to counties are $70,644,200 in calendar year 1997 and $78,744,300 in calendar year 1998 and thereafter. These amounts, to the extent practicable, shall be used to determine the statewide county average cost-sharing percentage in the particular calendar year.
86.30(9)(c)
(c) For the purpose of calculating and distributing aids under
sub. (2), the amounts for aids to municipalities are $222,255,300 in calendar year 1997 and $247,739,100 in calendar year 1998 and thereafter. These amounts, to the extent practicable, shall be used to determine the statewide municipal average cost-sharing percentage in the particular calendar year.
86.302
86.302
Jurisdictional responsibility. 86.302(1)
(1) Except as provided in
sub. (1m), the board of every town, village and county, and the governing body of every city, shall file with the department and with the county clerk not later than December 15 of every odd-numbered year, a certified plat of such town, village, city or county showing the roads and streets under their jurisdiction and the mileage thereof to be open and used for travel as of the succeeding January 1, which may be used by the department in making computations of transportation aids. One-half of the mileage of roads or streets on boundary lines shall be considered as lying in each town, village, city or county.
86.302(1m)(a)(a) The board of a town, village or county and the governing body of a city need not file a certified plat under
sub. (1) if the town, village, county or city has not added or deleted jurisdictional mileage since filing its last preceding certified plat under
sub. (1).
86.302(1m)(b)
(b) Upon incorporation of a village or city, the board of the village and the governing body of the city shall file with the department and with the county clerk a certified plat of the village or city showing the roads and streets under its jurisdiction and the mileage thereof to be open and used for travel as of the date of incorporation, which may be used by the department in making computations of transportation aids. One-half of the mileage of roads or streets on boundary lines shall be considered as lying in the village or city.
86.302(2)
(2) The department shall cooperate with and provide assistance to local units of government in their jurisdictional mileage determination efforts. The department shall inventory and verify all road mileage in a county or municipality once every 10 years.
86.302(3)
(3) For the purposes of transportation aid determinations under
s. 86.30, changes in the road mileage of a city, county, town or village indicated on the certified plat filed under
sub. (1) shall be used by the department in making computations of transportation aids to be paid beginning in the next odd-numbered year following the odd-numbered year in which the certified plat is filed. The following factors shall be considered by the department:
86.302(3)(c)
(c) Changes in jurisdictional mileage responsibilities for existing roads.
86.302(4)
(4) Islands of this state consisting of one or more towns shall receive all state aids regularly payable to towns under
s. 86.30. For purposes of determining aids payable under
s. 86.30, mileage under the jurisdiction of an island under this subsection includes the number of miles equal to the distance between an island port and the closest mainland port where such distance is regularly traveled by a licensed ferry transporting persons, cars, trucks, buses and other mechanized equipment.
86.303
86.303
Cost determinations. 86.303(4)(a)(a) The multiyear average costs used to determine the share of cost aids amount for local units of government shall be based on the 6 most recent years for which actual costs are available.
86.303(4)(b)
(b) In the case of municipalities formed within the previous 6 years, the information needed for the determinations under this section shall be calculated as follows: for those years for which the necessary data does not exist, the data for the new municipality and the municipality from which it was formed shall be combined and the sum shall be apportioned to each municipality in proportion to the total mileage of roads and streets under their respective jurisdictions. In making these calculations, the department shall use the certified plats filed under
s. 86.302 (1).
86.303(5)(am)
(am) The department, with the assistance of the department of revenue and representatives of local governments and their associations appointed by the secretary, shall prescribe a uniform cost reporting procedure.
86.303(5)(b)
(b) Cost data shall be reported on a calendar year basis, and financial report forms or a written request for extension shall be submitted to the department of revenue as provided under
pars. (c) and
(d). All extensions under this paragraph shall be until May 15 and no extension beyond that date may be granted.
86.303(5)(c)
(c) The department and the department of revenue shall prescribe a statewide uniform financial reporting procedure under
s. 73.10 for municipalities having a population of 2,500 or less. The financial report form or a written request for extension shall be submitted to the department of revenue by March 31 by municipalities having a population of 2,500 or less for the purposes under this section. All extensions under this paragraph shall be until May 15 and no extension beyond that date may be granted. The department of revenue shall forward the highway-related cost data to the department.
86.303(5)(d)
(d) The department and the department of revenue shall prescribe a statewide uniform financial reporting procedure under
s. 73.10 for counties having a population of more than 2,500 and municipalities having a population of more than 2,500. The financial report forms or a written request for extension shall be submitted to the department of revenue by May 1 by counties having a population of more than 2,500 and municipalities having a population of more than 2,500 for the purposes under this section. All extensions under this paragraph shall be until May 15 and no extension beyond that date may be granted. The department of revenue shall forward the highway-related cost data to the department. Counties having a population of 25,000 or more and municipalities having a population of 25,000 or more are required to submit a financial report form to the department of revenue under this paragraph and financial reports under
par. (g).
86.303(5)(e)
(e) Except as provided in
par. (f), if a county or municipality fails to submit a substantially complete and accurate financial report form by the applicable date under
par. (c) or
(d) each year, the aids payable to the county or municipality during the following year shall be equal to 90% of the aids actually paid to the county or municipality under
s. 86.30 (2) during the preceding year.
86.303(5)(f)
(f) If a county or municipality submits a substantially complete and accurate financial report form within 30 calendar days after the applicable date under
par. (c) or
(d), the aids payable to the county or municipality for the following year shall be reduced by an amount equal to 1% of the aids payable to the county or municipality for the following year for each working day after the date required in
par. (c) or
(d) that the report form is actually submitted, subject to the following limitations:
86.303(5)(f)1.
1. The amount of the reduction may not exceed 10% of the aids payable to the county or municipality under
s. 86.30 (2) for the following year.
86.303(5)(f)2.
2. The amount of aids payable to the county or municipality under
s. 86.30 (2) during the following year may not be reduced to less than 90% of the aids actually paid to the county or municipality under
s. 86.30 (2) during the preceding year.
86.303(5)(g)
(g) The department and the department of revenue shall prescribe a uniform financial reporting procedure under
s. 73.10 for counties having a population of 25,000 or more and municipalities having a population of 25,000 or more for the purposes under this section and for the purposes of administering other local aid programs, as defined by the department of revenue by rule. The financial reports specified by the department of revenue shall be submitted to that department by July 31 each year. The department of revenue shall forward the highway-related cost data from the reports to the department.
86.303(5)(h)
(h) Except as provided in
par. (i), if a county or municipality under
par. (g) fails to submit the financial reports required under
par. (g) by July 31 each year, the aids payable to the county or municipality during the following year shall be equal to 90% of the aids actually paid to the county or municipality under
s. 86.30 (2) during the preceding year.
86.303(5)(i)
(i) If a county or municipality under
par. (g) submits the financial reports required under
par. (g) within 30 calendar days after July 31, the aids payable to the county or municipality for the following year shall be reduced by an amount equal to 1% of the aids payable to the county or municipality for the following year for each working day after July 31 that the report form is actually submitted, subject to the following limitations:
86.303(5)(i)1.
1. The amount of the reduction may not exceed 10% of the aids payable to the county or municipality under
s. 86.30 (2) for the following year.
