85.01(1)
(1) "Department" means the department of transportation.
85.01(2)
(2) "Division of hearings and appeals" means the division of hearings and appeals in the department of administration.
85.01(3)
(3) "Rail property" means all fixed property, real or personal, used in operating a railroad.
85.01(4)
(4) "Rail property improvements" means rails, ties, switches, spurs, buildings, signals, trestles, bridges and other property, exclusive of land, that may be used in operating a railroad.
85.01(5)
(5) "Railroad" means a railroad as defined in
s. 192.15 (2) (e), a railroad as defined in
s. 195.02 (1) and any company, association, corporation or person managing, maintaining, operating or in possession of a railroad in whole or in part within this state whether as owner, contractor, lessee, mortgagee, trustee, assignee or receiver.
85.01(7)
(7) "Railway" means a corporation described in s.
193.01, 1983 stats.
85.01(8)
(8) "Secretary" means the secretary of transportation.
85.013(1)(1) Except as provided in
sub. (2), any hearing under
s. 227.42 granted by the department may be conducted before the division of hearings and appeals which shall decide the matter.
85.013(2)(a)(a) The secretary shall designate employees of the department as hearing examiners to preside over all hearings arising under
ch. 344.
85.013(2)(b)
(b) Any hearing under
s. 227.42 shall be held before the tax appeals commission under
s. 73.01 if the hearing concerns an additional assessment, refund or denial of refund under any of the following:
85.013 History
History: 1993 a. 16;
1999 a. 145.
85.015
85.015
Transportation assistance contracts. All contracts entered into under this chapter to provide financial assistance in the areas of railroads, urban mass transit, specialized transportation, and harbors are subject to
ss. 16.528 and
16.752 but are exempt from
ss. 16.70 to
16.75,
16.755 to
16.82 and
16.85 to
16.89.
85.02
85.02
Planning, promotion and protection. 85.02(1)
(1) The department may direct, undertake and expend state and federal aid for planning, promotion and protection activities in the areas of highways, motor vehicles, traffic law enforcement, aeronautics, railroads, waterways, specialized transportation services, mass transit systems and for any other transportation mode. All state, regional and municipal agencies and commissions created under authority of law shall to the extent practicable, when dealing with transportation, follow the recommendations made by the secretary.
85.02(2)
(2) The department shall implement the policy specified in
s. 1.12 (6) in making all decisions, orders, and rules affecting the siting of new electric transmission facilities.
85.022
85.022
Multimodal transportation studies. 85.022(1)
(1) The department shall administer a program to study multimodal transportation. The department may make grants or pay contract costs from the appropriations under
s. 20.395 (2) (hq) and
(hx) for multimodal transportation studies and preliminary engineering of public transportation projects. The department may provide grants or contract with any person under this section to study interurban and intraurban area multimodal transportation, including an analysis of the potential impact of a transportation facility on local and statewide economic development. A study may consider any of the following:
85.022(1)(b)
(b) Existing railroad and other transportation right-of-way and potential right-of-way availability.
85.022(1)(c)
(c) The capacity of alternative transit facilities.
85.022(1)(f)
(f) The creation of a regional operating authority.
85.022(1)(g)
(g) Analysis of alternative means of financing, including public and private cost-sharing.
85.022(1)(h)
(h) Coordination of rail passenger services with existing publicly operated mass transit systems.
85.022(1)(i)
(i) Technologies, costs, benefits and projected ridership of conventional rail passenger service, or of high-speed rail service.
85.022(2)(a)(a) The department shall study high-speed rail service in the southern transportation corridor between this state and the state of Minnesota.
85.022(2)(b)1.1. Except as provided in
subd. 2., funds may be expended under
par. (a) only to match funds, at the ratio of 1 to 1, from the state of Minnesota for the study.
85.022(2)(b)2.
2. No funds may be expended under
par. (a) unless the federal government contributes funds for a study under
par. (a) in an amount equal to the total amount of funds from this state and the state of Minnesota for the study.
85.022(3)
(3) A recipient of funding under this section shall make the results of its study available to any interested city, village, town or county.
85.023
85.023
Planning for bicycle facilities. The department shall assist any regional or municipal agency or commission in the planning, promotion and development of bikeways as defined in
s. 84.60 (1) (a). The department shall draft model local zoning ordinances for the planning, promotion and development of bikeways and bicycle racks.
85.023 History
History: 1979 c. 221.
85.024
85.024
Bicycle and pedestrian facilities program. 85.024(1)(1) In this section, "political subdivision" means a county, city, village or town.
85.024(2)
(2) The department shall administer a bicycle and pedestrian facilities program to award grants of assistance to political subdivisions for the planning, development or construction of bicycle and pedestrian facilities. The department shall award from the appropriation under
s. 20.395 (2) (nx) grants to political subdivisions under this section. A political subdivision that is awarded a grant under this section shall contribute matching funds equal to at least 25% of the amount awarded under this section.
85.024 History
History: 1993 a. 16;
1997 a. 27;
1999 a. 9,
80.
85.025
85.025
Highway and bridge projects. The department shall adopt by rule criteria for selecting and evaluating all highway and bridge projects which are constructed from the appropriations under
s. 20.395 (3) (bq),
(bv),
(bx),
(cq),
(cv) and
(cx).
85.025 History
History: 1979 c. 221,
355;
1991 a. 39.
85.025 Cross-reference
Cross Reference: See also ch.
Trans 209, Wis. adm. code.
85.026
85.026
Transportation enhancement activities program. 85.026(1)(a)
(a) "Political subdivision" means any city, village, town or county.
85.026(2)
(2) Program. The department may administer a program to award grants of assistance to any political subdivision or state agency, as defined in
s. 20.001 (1), for transportation enhancement activities consistent with federal regulations promulgated under
23 USC 133 (b) (8). The grants shall be awarded from the appropriations under
s. 20.395 (2) (nv) and
(nx).
85.026 History
History: 1997 a. 27; 1999 a 9.
85.027
85.027
Traffic marking enhancement grants. 85.027(1)(1)
Administration. Subject to
2003 Wisconsin Act 33, section 9153 (4q), the department shall administer a program to provide grants to local units of government for the installation of traffic marking enhancements with the intent of improving visibility for elderly drivers and pedestrians. The enhancements may include pavement markings for center lines, lane lines, edge lines, lane-use arrows, and cross walks that are brighter or more reflective than the markings that are typically used, traffic signs with enhanced reflectivity and with larger letters than are typically used, redundant street name signs in advance of intersections, and overhead mounted street name signs at major intersections.
85.027(2)(a)(a) A local unit of government that is awarded a grant under this section shall contribute matching funds equal to at least 25% of the total estimated cost of the project for which moneys are awarded under this section.
85.027(2)(b)
(b) The department shall award grants annually to at least one project in each of the following:
85.027(2)(c)
(c) The department shall consider the following in awarding a grant for a proposed project:
85.027(2)(c)2.
2. The prevalence of older drivers and pedestrians in the area of the proposed project.
85.027(2)(c)3.
3. The extent to which the proposed improvements would produce demonstrable benefits.
85.027(2)(c)4.
4. Whether a project is proposed cooperatively by more than one local unit of government and coordinates improvements on highways in more than one jurisdiction. The department shall favor cooperative projects.
85.027(2)(c)5.
5. The geographic distribution of all of the projects that are awarded grants. The department shall distribute projects throughout the state.
85.027 History
History: 2003 a. 33.
85.028
85.028
Milwaukee east-west transportation corridor. Upon implementation of a funding source to provide local funds for a Milwaukee east-west transportation corridor project, local units of government that will be affected by such a project shall reimburse the transportation fund for 50% of the nonfederal share of preliminary engineering costs relating to a Milwaukee east-west transportation corridor project.
85.028 History
History: 1993 a. 437 ss.
180,
267,
268;
1999 a. 85.
85.03
85.03
Federal reduction or termination of aid. All appropriations made to the department under
s. 20.395 are subject to the specific provision that if federal government funding of any portion of a program under
s. 20.395 is reduced or terminated, the secretary may terminate or reduce state participation in the program in such proportion as the secretary considers appropriate.
85.03 History
History: 1971 c. 125 s.
417; Stats. 1971 s. 85.02;
1973 c. 90 ss.
397e,
560 (4); Stats. 1973 s. 85.03;
1991 a. 316.
85.035
85.035
Reduction of department appropriations. Where the secretary deems that economic conditions warrant, the secretary, in conjunction with submission of estimates under
s. 16.50, may recommend to the secretary of administration that authorized department appropriations be reduced to reflect revenue deficiencies.
85.035 History
History: 1977 c. 29;
1981 c. 30.
85.037
85.037
Certification of fees collected. Annually, no later than October 1, the secretary of transportation shall certify to the secretary of administration the amount of fees collected under
ss. 101.9208 (1) (dm) and
342.14 (3m) during the previous fiscal year, for the purpose of determining the amounts to be transferred under
s. 20.855 (4) (f) during the current fiscal year.
85.037 History
History: 1997 a. 27;
1999 a. 9.
85.04
85.04
Acquisition of replacement lands. If federal law prohibits the acquisition of lands determined by the secretary to be necessary for transportation purposes unless replacement lands are provided, the department may acquire by gift, devise, purchase or condemnation any lands or interests in lands necessary to satisfy the replacement requirement.
85.04 History
History: 1977 c. 418.
85.04 Annotation
This section applies only when federal law requires acquisition of replacement lands; when acquiring replacement lands is one option for gaining federal approval. This section does not apply. Mitton v. Transportation Dept.
179 Wis. 2d 321,
507 N.W.2d 126 (Ct. App. 1993). Affirmed on other grounds. Mitton v. Transportation Dept.
184 Wis. 2d 738,
516 N.W.2d 709 (1994).
85.05
85.05
Evaluation of proposed major highway projects. The department by rule shall establish a procedure for numerically evaluating projects considered for enumeration under
s. 84.013 (3) as a major highway project. The evaluation procedure may include any criteria that the department considers relevant. The rules shall establish a minimum score that a project shall meet or exceed when evaluated under the procedure established under this section before the department may recommend the project to the transportation projects commission for consideration under
s. 13.489 (4).
85.05 History
History: 1997 a. 86;
1999 a. 9.
