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 town roads existing on October 1, 1992.
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),
sub. (10) 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. If the amounts calculated for a municipality under
subd. 2. or
3. are the same, transportation aids to that municipality shall be paid under
subd. 2.
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. 59.605 (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 $78,744,300 in calendar years 1998 and 1999, and $84,059,500 in calendar year 2000 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 $247,739,100 in calendar years 1998 and 1999, and $264,461,500 in calendar year 2000 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.
86.30(10)
(10) Aid payments for calendar year 2001. 86.30(10)(a)1.1. For calendar year 2001, the department shall determine the percentage change between the amount of moneys appropriated for distribution under this section to counties for calendar year 2001 and the amount of moneys appropriated for distribution under this section to counties for calendar year 2000.
86.30(10)(a)2.
2. Notwithstanding
sub. (2) (a),
(b) and
(d) and
s. 86.303 (5) (e),
(f),
(h) and
(i), the amount of aid payable to each county in calendar year 2001 shall be the amount paid to that county for calendar year 2000, plus an amount equal to the percentage determined under
subd. 1. of the amount paid to the county for calendar year 2000.
86.30(10)(b)1.1. For calendar year 2001, the department shall determine the percentage change between the amount of moneys appropriated for distribution under this section to municipalities for calendar year 2001 and the amount of moneys appropriated for distribution under this section to municipalities for calendar year 2000.
86.30(10)(b)2.
2. Notwithstanding
sub. (2) (a),
(b) and
(d) and
s. 86.303 (5) (e),
(f),
(h) and
(i), the amount of aid payable to each municipality in calendar year 2001 shall be the amount paid to that municipality for calendar year 2000, plus an amount equal to the percentage determined under
subd. 1. of the amount paid to the municipality for calendar year 2000.
86.30(11)
(11) Local segregated account required. 86.30(11)(a)(a) Notwithstanding
sub. (2), the department may not pay state aid under this section to a municipality or county unless the municipality or county does all of the following:
86.30(11)(a)1.
1. Establishes and administers a separate segregated account from which moneys may be used only for purposes related to local highways.
86.30(11)(a)2.
2. Deposits in the account established under
subd. 1. all moneys received from this state and from the federal government for local highway purposes.
86.30(11)(b)
(b) If a municipality or county does not meet the requirements under
par. (a) at the time that aid should be paid under this section, the aid payment may be forfeited.
86.30(11)(c)
(c) Rules implementing this subsection may not require any eligible applicant to do any of the following:
86.30(11)(c)1.
1. Pay expenses related to law enforcement using moneys from an account established under this subsection.
86.30(11)(c)2.
2. Maintain separate checking accounts to implement this subsection, if the eligible applicant implements this subsection by segregating revenues and expenditures described in this subsection in the eligible applicant's bookkeeping system.
86.302
86.302
Local roads; inventory. 86.302(1g)
(1g) Except as provided in
sub. (1m), beginning on January 1, 2001, the board of every town, village and county, and the governing body of every city, shall file with the department not later than December 15 of every year, a certified plat of the municipality or county showing the highways under its jurisdiction and the mileage thereof to be open and used for travel as of the succeeding January 1. The department may use the plats in making computations of transportation aids. One-half of the mileage of highways on boundary lines shall be considered as lying in each municipality or county.
86.302(1m)(a)1.1. In lieu of filing a certified plat under
sub. (1g), if a municipality or county has not added or deleted jurisdictional mileage since filing its last preceding certified plat under
sub. (1g), its board or governing body may file a certified statement to that effect with the department.
86.302(1m)(a)2.
2. Notwithstanding
subd. 1., the department may require every municipality and county to file a certified plat under
sub. (1g) with the department in the year after the year in which a federal decennial census is conducted.
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 a certified plat of the village or city showing the highways 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 highways on boundary lines shall be considered as lying in the village or city.
86.302(2)
(2) Not later than December 15, 2001, and biennially thereafter, each municipality and county shall assess the physical condition of highways under its jurisdiction, using a pavement rating system approved by the department and report the results of that assessment to the department. The department shall assess the accuracy of mileage or other data concerning highways reported by municipalities and counties and may use field investigations to verify a portion of the data constituting a valid random sample or such specialized sample as the department considers appropriate. The department shall cooperate with and provide assistance to local units of government in their efforts under this subsection. Information collected under this subsection is inadmissible as evidence, except to show compliance with this subsection.
86.302(3)
(3) For the purposes of transportation aid determinations under
s. 86.30, the department shall use changes in the highway mileage of a municipality or county indicated on the certified plat filed under
sub. (1g) in making computations of transportation aids to be paid beginning in the 2nd year following the year in which the certified plat is filed. The department shall consider the following factors:
86.302(3)(c)
(c) Changes in jurisdictional mileage responsibilities for existing highways.
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.
