84.31(2)(L)
(L) "Zoned industrial area" means any area zoned industrial by a state law or local ordinance.
84.31(3)
(3) Junkyards; prohibition; exceptions. No person may own, establish, expand or maintain a junkyard, any portion of which is within 1,000 feet of the nearest edge of the right-of-way of any interstate or primary highway, except the following:
84.31(3)(a)
(a) Those which are not visible from the main-traveled way of an interstate or primary highway.
84.31(3)(b)
(b) Those which are screened so as not to be visible from the main-traveled way of an interstate or primary highway.
84.31(3)(c)
(c) Those which are located in a zoned or unzoned industrial area.
84.31(4)
(4) Nonconforming junkyards; screening; removal. 84.31(4)(a)(a) A nonconforming junkyard is any junkyard which:
84.31(4)(a)1.
1. Was lawfully established and maintained prior to June 11, 1976, but which does not comply with this section or rules adopted under this section. A junkyard shall be considered nonconforming under this section even if it was maintained in violation of rules related to screening adopted under
s. 289.05 (1).
84.31(4)(a)2.
2. Is lawfully established on or after June 11, 1976, but which subsequently does not comply with this section or rules adopted under this section.
84.31(4)(b)
(b) A junkyard has a nonconforming status only to the extent that it is not in compliance with this section or rules adopted under this section or rules related to screening adopted under
s. 289.05 (1) at the time this section or rules adopted under it or under
s. 289.05 (1) become applicable to the junkyard. A junkyard retains its nonconforming status as long as it is not abandoned, destroyed or discontinued, or extended, enlarged or substantially changed, or otherwise altered so as to be in violation of any state statute or rule or local ordinance. A junkyard is presumed to be abandoned if inactive for more than one year.
84.31(4)(c)
(c) Every nonconforming junkyard shall be screened, relocated, removed or disposed of within 5 years after it becomes nonconforming. The department shall cause nonconforming junkyards to be screened, relocated, removed or disposed of in accordance with this section and rules adopted under this section.
84.31(4)(d)
(d) The department may contract for such services and acquire such property or interests therein as are necessary to accomplish the screening, relocation, removal or disposal of a nonconforming junkyard. Acquisition may be by gift, purchase, exchange or the power of eminent domain under
ch. 32. Acquired property may be sold or otherwise disposed of by the department as it deems proper. Disposal of property acquired under this section is not subject to approval by the governor or other state agency.
84.31(4)(e)
(e) If a junkyard is screened by the department, the department shall retain title to the screening material where practicable, but the owner and operator of the junkyard shall maintain the screening. Any owner or operator who fails to maintain the screening is subject to the penalty under
sub. (6) (c).
84.31(5)
(5) Availability of funds. Any other provision of this section to the contrary notwithstanding, no nonconforming junkyard is required to be screened, relocated, removed or disposed of by the department unless there are sufficient state funds appropriated and available to the department for such purposes and unless federal funds have been appropriated and are immediately available to the state for the purpose of federal participation required under
23 USC 136.
84.31(6)(a)(a) If a junkyard is an illegal junkyard but not a nonconforming junkyard, the department shall give the owner or operator thereof notice of the illegal status of the junkyard. The notice shall specify the respects in which the junkyard is illegal and shall state that unless the junkyard is brought into compliance with the law within 30 days at the expense of the owner or operator, the department shall take one or more of the courses of action authorized in
par. (b). The notice shall inform the owner or operator that if he or she requests a hearing on the matter in writing within the 30-day period, a hearing shall be conducted by the division of hearings and appeals as are hearings in contested cases under
ch. 227. Requests for hearings shall be served on the department and the division of hearings and appeals.
84.31(6)(b)
(b) If the owner or operator of a junkyard is given notice under
par. (a) and does not bring the junkyard into compliance within 30 days and a hearing is not requested, or does not bring the junkyard into compliance after a hearing on the matter and a determination that compliance is required, the department may, in addition to any other remedies available under law:
84.31(6)(b)1.
1. Petition a court of appropriate jurisdiction to, and such court shall, issue an order compelling compliance.
84.31(6)(b)2.
2. Enter upon the land where the junkyard is located and relocate, remove or dispose of the junkyard and collect the cost of relocation, removal or disposal from the owner or operator of the junkyard, who shall be jointly and severally liable for such costs.
84.31(6)(b)3.
3. Request the district attorney to commence an action to collect the forfeiture under
par. (c).
84.31(6)(c)
(c) Any person who owns, establishes or maintains a junkyard in violation of this section or any rule adopted under this section and which is not a nonconforming junkyard may be required to forfeit not less than $25 nor more than $1,000 for each offense. Each day in violation constitutes a separate offense.
84.31(7)
(7) Rules. The department may adopt rules to accomplish the purposes of this section and to comply with the requirements of
23 USC 136, as amended, and rules and guidelines adopted thereunder. In interpreting this section, the department may be guided by federal law and interpretations approved by appropriate authorities of the federal government.
84.31(8)(a)(a) The department may enter into agreements with the designated authority of the federal government relating to the control of junkyards and may take such action as is necessary to comply with the terms of such agreements.
84.31(8)(b)
(b) The department and another state agency may enter into agreements for the purpose of assigning to the other state agency the responsibility for the administration of this section and rules adopted under this section. To the extent responsibility for administration is assigned to the other agency under such agreements, the other state agency shall have the same powers and duties conferred on the department under this section. The department shall reimburse the other state agency from the appropriation under
s. 20.395 (3) (cq) and
(cx) for all expenses, including administrative expenses, incurred by the other state agency in connection with the screening, relocation, removal or disposal of junkyards under the authority assigned to the other state agency, except that no moneys may be reimbursed for the acquisition of land or interests in land contrary to
s. 86.255.
84.31(9)
(9) Other laws. Nothing in this section shall be construed to abrogate or affect any law or ordinance which is more restrictive than this section. The provisions of this section are in addition to and do not supersede the requirements under
ss. 59.55 (5),
175.25,
218.205 to
218.23 and
289.05 to
289.32, or rules or ordinances adopted thereunder which apply to junkyards. Provisions of this section apply to any junkyard licensed or permitted by a local unit of government or another state agency.
84.40
84.40
Department; relation to nonprofit corporations. 84.40(1)(1) As used in this section, unless the context requires otherwise:
84.40(1)(a)
(a) "Existing highways and other improvements," in relation to any conveyance, lease or sublease made under
sub. (2) (a),
(b) and
(c), means any portion of the national system of interstate and defense highways in this state, including all bridges, tunnels, overpasses, underpasses, interchanges, lighting, approaches, signing, weighing stations, administration, storage and other buildings, facilities or appurtenances which in the judgment of the department are needed or useful for interstate highway purposes, and all improvements and additions thereto which were erected, constructed or installed prior to the making of such conveyance, lease or sublease.
84.40(1)(b)
(b) "New highways and other improvements," in relation to any conveyance, lease or sublease made under
sub. (2) (a),
(b) and
(c), means any portion of the national system of interstate and defense highways in this state, including all bridges, tunnels, overpasses, underpasses, interchanges, lighting, approaches, signing, weighing stations, administration, storage and other buildings, facilities or appurtenances which in the judgment of the department are needed or useful for interstate highway purposes, and all improvements and additions thereto or to existing interstate highways and other improvements which are erected, constructed or installed after the making of such conveyance, lease or sublease.
84.40(1)(c)
(c) "Nonprofit-sharing corporation" means a nonstock corporation which was in existence on May 1, 1967 and was organized under
ch. 181 or corresponding prior general corporation laws.
84.40(2)
(2) In order to provide new highways or improve existing highways and to enable the construction and financing thereof, to refinance any indebtedness created by a nonprofit corporation for new highways or making additions or improvements to existing highways located on public right-of-way available for highway purposes or on lands owned by the nonprofit corporation, or for any one or more of said purposes, but for no other purpose unless authorized by law, the department:
84.40(2)(a)
(a) May sell and convey to a nonprofit-sharing corporation any public right-of-way available for highway purposes and any existing highways or other improvements thereon owned by the state or under the jurisdiction of the department for such consideration and upon such terms and conditions as the department deems in the public interest.
84.40(2)(b)
(b) May lease to a nonprofit-sharing corporation, for terms not exceeding 30 years each, any public right-of-way available for highway purposes and any existing highways or improvements thereon owned by the state or under the jurisdiction of the department upon such terms, conditions and rentals as the department deems in the public interest.
84.40(2)(c)
(c) May lease or sublease from such nonprofit-sharing corporation, and make available for public use, any such public right-of-way available for highway purposes and existing highways and other improvements conveyed or leased to such corporations under
pars. (a) and
(b), and any new highways or other improvements constructed upon such public right-of-way available for highway purposes or upon any other land owned by such corporation, upon such terms, conditions and rentals, subject to available appropriations, as the department deems in the public interest. With respect to any property conveyed to such corporation under
par. (a), such lease from such corporation may be subject or subordinated to one or more mortgages of such property granted by such corporation.
84.40(2)(d)
(d) Shall enter into lease and sublease agreements under
par. (c) for highway projects only when the projects meet the department's standard specifications for road and bridge construction and when arrangements are made that all construction be under the direct supervision of the department.
84.40(2)(e)
(e) May establish, operate and maintain highways and other improvements leased or subleased under
par. (c).
84.40(2)(f)
(f) Shall submit the plans and specifications for all such new highways or other improvements and all conveyances, leases and subleases and purchase agreements made under this subsection to the governor for approval before they are finally adopted, executed and delivered.
84.40(2)(g)
(g) May pledge and assign, subject to available appropriations, all moneys provided by law for the purpose of the payment of rentals pursuant to leases and subleases entered into under
par. (c) as security for the payment of rentals due and to become due under any lease or sublease of such highways and other improvements made under
par. (c).
84.40(2)(h)
(h) Shall, upon receipt of notice of any assignment by any such corporation of any lease or sublease made under
par. (c), or of any of its rights under any such lease or sublease, recognize and give effect to such assignments, and pay to the assignee thereof rentals or other payments then due or which may become due under any such lease or sublease which has been so assigned by such corporation.
84.40(2)(i)
(i) May purchase and acquire from such nonprofit-sharing corporation any right-of-way available for highway purposes and any new highways and other improvements for which leases and subleases have been executed pursuant to
par. (c) upon such terms and conditions as the department deems in the public interest.
84.40(3)
(3) All lease and sublease agreements executed under this section and all contracts entered into pursuant to the lease and sublease agreements shall be processed, governed by and performed in accordance with all applicable state and federal laws and regulations.
Sections 66.0901,
84.015,
84.03 and
84.06 are applicable to all contractual instruments for the construction of highway projects subject to lease and sublease in the same manner as they are applicable to the department.
84.40(4)
(4) All conveyances, leases and subleases made under this section shall be made, executed and delivered in the name of the department and signed by the secretary or the secretary's designees.
84.41
84.41
State liability; applicable laws; tax exemption; securing of federal aids. 84.41(1)
(1)
Liability of state. The state shall be liable for accrued rentals and for any other default under any lease or sublease executed under
s. 84.40 and may be sued therefor on contract as in other contract actions pursuant to
ch. 775, but it shall not be necessary for the lessor under any such lease or sublease or any assignee of such lessor or any person or other legal entity on behalf of such lessor to file any claim with the legislature prior to the commencement of any such action. However, the corporation or bondholders may not reenter or take possession of the highway land, easements or structures by reason of any default in the payment of rent or for any other reason.
84.41(2)
(2) Application of state laws. All laws of this state including those pertaining to the regulation of motor vehicles and highways, shall apply to the projects subject to lease and sublease executed under
s. 84.40.
84.41(3)
(3) Employment regulations. Employment regulations set forth in
s. 103.50 pertaining to wages and hours shall apply to all projects constructed under
s. 84.40 in the same manner as such laws apply to projects on other state highways. Where applicable, the federal wages and hours law known as the Davis-Bacon act shall apply.
84.41(4)
(4) Contractor's liens; performance and payment bonds. The provisions of
s. 779.15 pertaining to contractor's liens and related matters, and
s. 779.14 relating to performance and payment bonds, shall apply in the same manner as such law applies to other state highway construction projects.
84.41(5)
(5) Tax exemption. All lands leased and re-leased under any approved project shall be exempt from taxation.
84.41(6)
(6) No state debt created. Nothing contained in this section or
s. 84.40 shall create a debt of the state.
84.41(7)
(7) Securing of federal aids. The department shall do all things necessary to secure federal aids in carrying out the purposes of this section and
s. 84.40.
84.41 History
History: 1977 c. 29 s.
1654 (8) (a);
1979 c. 32 s.
92 (5), (9).
84.42
84.42
Limitations on bonding. The department's authority to act under
ss. 84.40 and
84.41 is limited to completion of highway I-94 between Tomah and Eau Claire, the interstate bridge, including the approaches, on highway I-94 at Hudson and highway I-90 between Tomah and La Crosse.
84.42 History
History: 1977 c. 29 s.
1654 (8) (a).
84.51
84.51
Construction of state highways. 84.51(1)
(1) The secretary with approval of the governor and subject to the limits of
s. 20.866 (2) (ur),
(us) and
(uu) may direct that state debt be contracted for the purposes set forth in
subs. (2) and
(3) subject to the limits set forth in
subs. (2) and
(3). Said debts shall be contracted in accordance with
ch. 18.
84.51(2)
(2) It is the intent of the legislature that state debt not to exceed $185,000,000 for the construction of highways be appropriated over a 6-year period except that if funds allocated to any project hereunder are not used for such project or if additional highway construction funds are made available hereunder, they shall first be used for development of state trunk highway 45 from the intersection with highway 41 to and including the West Bend bypass, and except that no funds shall be used for the construction of the proposed Bay freeway and no funds shall be used for the "Augusta Bypass" project in Eau Claire County. Nothing in this section shall be construed so as to allow the redevelopment of state trunk highway 83 in Washington and Waukesha counties. U.S. numbered highway 16 from Tomah to the interchange with I-90 east of Sparta shall be retained as part of the state highway system in the same route as in use on November 1, 1969. The improvement project for state trunk highway 23 from Sheboygan to Fond du Lac shall be undertaken as swiftly as practicable.
84.51(3)
(3) It is the intent of the legislature that state debt not to exceed $15,000,000 shall be incurred for the acquisition, construction, reconstruction, resurfacing, development, enlargement or improvement of the connecting highway facility known as the 27th Street viaduct in Milwaukee County.
84.52
84.52
Construction of intrastate and interstate bridges. 84.52(1)(1) The secretary, with the approval of the governor and subject to the limits of
s. 20.866 (2) (ug), may direct that state debt be contracted for the construction of bridges as set forth in
sub. (2) and subject to the limits set therein. Said debts shall be contracted in accordance with
ch. 18.
84.52(2)
(2) It is the intent of the legislature that state debt not to exceed $46,849,800 may be incurred for the construction or reconstruction of local bridges as provided by
s. 84.11 and interstate bridges as provided by
s. 84.12. Construction under this subsection shall be in accordance with the bridge needs of the state as determined in the biennial budget bill.
84.53
84.53
Matching of federal aid. 84.53(1)
(1) The secretary with the approval of the governor, subject to the limits of
s. 20.866 (2) (ut), may direct that state debt be contracted for the matching of federal aid as set forth in
sub. (2) and subject to the limits set therein. Said debt shall be contracted in accordance with
ch. 18.
84.53(2)
(2) It is the intent of the legislature that state debt not to exceed $10,000,000 may be incurred for the purpose of matching federal aid for the construction of highway facilities.
84.53 History
History: 1973 c. 333;
1977 c. 29 84.555
84.555
Additional funding of major highway and rehabilitation projects. 84.555(1)(1) Notwithstanding
ss. 84.51 and
84.59, major highway projects, as defined under
s. 84.013 (1) (a), for the purposes of
ss. 84.06 and
84.09, southeast Wisconsin freeway rehabilitation projects under
s. 84.014, and state highway rehabilitation projects for the purposes specified in
s. 20.395 (3) (cq), may be funded with the proceeds of general obligation bonds issued under
s. 20.866 (2) (uum) if all of the following conditions are satisfied:
84.555(1)(a)
(a) The department's most recent estimate of the amount of federal funds, as defined in
s. 84.03 (2) (a) 1., that the department will be appropriated under
s. 20.395 in the current state fiscal year is less than 95% of the amount of federal funds shown in the schedule, as defined in
s. 84.03 (2) (a) 2., for the appropriations under
s. 20.395 in that fiscal year.
84.555(1)(b)
(b) The secretary has submitted a plan to the joint committee on finance for the use of proceeds of general obligation bonds issued under
s. 20.866 (2) (uum) and the joint committee on finance has approved the plan, except that the secretary may not submit, and the joint committee on finance may not approve, a plan for the use of an amount of proceeds of general obligation bonds that exceeds the difference between the amount of federal funds, as defined in
s. 84.03 (2) (a) 1., actually available to the department to be appropriated under
s. 20.395 in the current state fiscal year and the amount of federal funds shown in the schedule, as defined in
s. 84.03 (2) (a) 2., for the appropriations under
s. 20.395 in that fiscal year.
84.555(2)
(2) The joint committee on finance may approve, or modify and approve, a plan received under
sub. (1) (b) using the procedure specified in
s. 84.03 (2) (c). No plan submitted under
sub. (1) (b) may be implemented unless the joint committee on finance has approved, or modified and approved, the plan.
84.555(3)
(3) The secretary may submit a plan under
sub. (1) (b) at any time during a state fiscal year after the condition specified in
sub. (1) (a) is satisfied for that fiscal year.
84.555 History
History: 2001 a. 109;
2003 a. 33.
84.59
84.59
Funding of transportation facilities and highway projects. 84.59(1)(1) Transportation facilities under
s. 84.01 (28) and major highway projects as defined under
s. 84.013 (1) (a) for the purposes under
ss. 84.06 and
84.09 may be funded with the proceeds of revenue obligations issued subject to and in accordance with
subch. II of ch. 18.
84.59(2)(a)(a) The department may, under
s. 18.561 or
18.562, deposit in a separate and distinct fund outside the state treasury, in an account maintained by a trustee, revenues derived under
s. 341.25. The revenues deposited are the trustee's revenues in accordance with the agreement between this state and the trustee or in accordance with the resolution pledging the revenues to the repayment of revenue obligations issued under this section.
84.59(2)(b)
(b) The department may, under
s. 18.562, deposit in a separate and distinct special fund outside the state treasury, in an account maintained by a trustee, revenues derived under
ss. 341.09 (2) (d),
(2m) (a) 1.,
(4), and
(7),
341.14 (2),
(2m),
(6) (d),
(6m) (a),
(6r) (b) 2.,
(6w), and
(8),
341.145 (3),
341.16 (1) (a) and
(b),
(2), and
(2m),
341.17 (8),
341.19 (1) (a),
341.25,
341.255 (1),
(2) (a),
(b), and
(c),
(4), and
(5),
341.26 (1),
(2),
(2m) (am) and
(b),
(3),
(3m),
(4),
(5), and
(7),
341.264 (1),
341.265 (1),
341.266 (2) (b) and
(3),
341.268 (2) (b) and
(3),
341.30 (3),
341.305 (3),
341.308 (3),
341.36 (1) and
(1m),
341.51 (2), and
342.14, except
s. 342.14 (1r). The revenues deposited are the trustee's revenues in accordance with the agreement between this state and the trustee or in accordance with the resolution pledging the revenues to the repayment of revenue obligations issued under this section. Revenue obligations issued for the purposes specified in
sub. (1) and for the repayment of which revenues are deposited under this paragraph are special fund obligations, as defined in
s. 18.52 (7), issued for special fund programs, as defined in
s. 18.52 (8).
84.59(3)
(3) The secretary may pledge revenues received or to be received in any fund established under
sub. (2) to secure revenue obligations issued under this section. The pledge shall provide for the transfer to this state of all pledged revenues, including any interest earned on the revenues, which are in excess of the amounts required to be paid under
s. 20.395 (6) (as). The pledge shall provide that the transfers be made at least twice yearly, that the transferred amounts be deposited in the transportation fund and that the transferred amounts are free of any prior pledge.
84.59(4)
(4) The department shall have all other powers necessary and convenient to distribute the pledged revenues and to distribute the proceeds of the revenue obligations in accordance with
subch. II of ch. 18.
84.59(5)
(5) The department may enter into agreements with the federal government or its agencies, political subdivisions of this state or private individuals or entities to insure or in any other manner provide additional security for the revenue obligations issued under this section.
84.59(6)
(6) The building commission may contract revenue obligations when it reasonably appears to the building commission that all obligations incurred under this section can be fully paid from moneys received or anticipated and pledged to be received on a timely basis. Except as provided in this subsection, the principal amount of revenue obligations issued under this section may not exceed $2,095,583,900, excluding any obligations that have been defeased under a cash optimization program administered by the building commission, to be used for transportation facilities under
s. 84.01 (28) and major highway projects for the purposes under
ss. 84.06 and
84.09. In addition to the foregoing limit on principal amount, the building commission may contract revenue obligations under this section as the building commission determines is desirable to refund outstanding revenue obligations contracted under this section and to pay expenses associated with revenue obligations contracted under this section.
84.59(7)
(7) Unless otherwise expressly provided in resolutions authorizing the issuance of revenue obligations or in other agreements with the holders of revenue obligations, each issue of revenue obligations under this section shall be on a parity with every other revenue obligation issued under this section and in accordance with
subch. II of ch. 18.
