86.305
86.305
Eligibility for transportation aids. The restriction of access to a street under
s. 66.0429 (3) may not affect the eligibility of a city to receive any state transportation aids.
86.305 History
History: 1993 a. 113;
1999 a. 150 s.
672.
86.31
86.31
Local roads improvement program. 86.31(1)
(1)
Definitions. In this section:
86.31(1)(a)
(a) "County highway improvement program district" means a group of counties established by the department by rule under
sub. (6) (f).
86.31(1)(am)
(am) "County highway improvement program district committee" means a committee established by the department by rule under
sub. (6) (f) consisting of all of the county highway commissioners from counties within a county highway improvement program district.
86.31(1)(ar)
(ar) "Entitlement" means the amount of aid made available under
sub. (3) for reimbursement within a county for the components specified in
sub. (3) (a) 1. to
3.
86.31(1)(b)
(b) "Improvement" means a highway construction project with a projected design life of at least 10 years or a feasibility study of a highway construction project with a projected design life of at least 10 years.
86.31(1)(c)
(c) "Local roads" means county trunk highways, town roads, or streets under the authority of cities or villages.
86.31(1)(d)
(d) "Political subdivision" means a county, city, village or town.
86.31(1)(e)
(e) "Program" means the local roads improvement program.
86.31(2)(a)(a) The department shall administer a local roads improvement program to accelerate the improvement of seriously deteriorating local roads by reimbursing political subdivisions for improvements. The selection of improvements that may be funded under the program shall be performed by officials of each political subdivision, consistent with the requirements of
subs. (3),
(3g),
(3m) and
(3r). The department shall notify each county highway commissioner of any deadline that affects eligibility for reimbursement under the program no later than 15 days before such deadline.
86.31(2)(b)
(b) Except as provided in
par. (d), improvements for highway construction projects funded under the program shall be under contracts. Such contracts shall be awarded on the basis of competitive bids and shall be awarded to the lowest responsible bidder. If a city or village does not receive a responsible bid for an improvement, the city or village may contract with a county for the improvement. A town may contract with a county for the improvement subject to the criteria and procedures promulgated as rules under
sub. (6) (h).
86.31(2)(c)
(c) Improvements consisting of feasibility studies funded under the program may be performed by political subdivisions or the department of transportation, including the making and execution of all contracts.
86.31(2)(d)
(d) County trunk highway improvements funded under the program, including the hauling and laying of asphaltic hot mix, may be performed by county highway departments, subject to the following restrictions:
86.31(2)(d)1m.
1m. The county highway department demonstrates that it is cost-effective for it to perform the work and that competitive bidding is to be used for improvements with an estimated total cost at least equal to the total funds allocated for its county trunk highway improvements under the program during the current biennium.
86.31(2)(d)4.
4. Contracts for the purchase of asphaltic hot mix shall be awarded on the basis of competitive sealed bidding.
86.31(2)(d)5.
5. Each county highway improvement program district committee shall do all of the following with respect to any work to be performed by any county highway department within the county highway improvement program district:
86.31(2)(d)5.a.
a. Review the proposed work and determine that it is cost-effective for the county highway department to perform the work.
86.31(2)(d)5.b.
b. Approve the proposed work prior to its being performed by the county highway department.
86.31(2)(e)
(e) The department of transportation may not require as a condition of reimbursement that the design and construction of any improvement with eligible costs totaling $65,000 or less be certified by a registered professional engineer.
86.31(3)
(3) Determination of entitlement. 86.31(3)(a)(a) For purposes of entitlement, the program shall consist of the following components:
86.31(3)(b)
(b) From the appropriation under
s. 20.395 (2) (fr), after first deducting the funds allocated under
subs. (3g),
(3m) and
(3r), the department shall allocate funds for entitlement as follows:
86.31(3)(b)3.
3. For city and village street improvements, 28.5%.
86.31(3)(c)
(c) Entitlements for each component will be determined by a formula and calculated for each county, except that cities and villages with a population of 20,000 or more shall receive a proportionate share of the entitlement for city and village street improvements for the applicable county. No county may receive less than 0.5% of the total funds allocated to counties for county trunk highway improvements under
par. (b) 1.
86.31(3g)
(3g) County trunk highway improvements. From the appropriation under
s. 20.395 (2) (fr), the department shall allocate $5,250,000 in each fiscal year, beginning in fiscal year 2001-02, to fund county trunk highway improvements with eligible costs totaling more than $250,000. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under
sub. (3).
86.31(3m)
(3m) Town road improvements. From the appropriation under
s. 20.395 (2) (fr), the department shall allocate $750,000 in each fiscal year, beginning in fiscal year 2001-02, to fund town road improvements with eligible costs totaling $100,000 or more. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under
sub. (3).
86.31(3r)
(3r) Municipal street improvements. From the appropriation under
s. 20.395 (2) (fr), the department shall allocate $1,000,000 in each fiscal year, beginning in fiscal year 2001-02, to fund municipal street improvement projects having total estimated costs of $250,000 or more. The funding of improvements under this subsection is in addition to the allocation of funds for entitlements under
sub. (3).
86.31(3s)
(3s) West Canal Street reconstruction and extension. Notwithstanding limitations on the amount and use of aids provided under this section, or on eligibility requirements for receiving aids under this section, and subject to
s. 84.03 (3) (b), the department shall award a grant of $2,500,000 to the city of Milwaukee for the purposes specified under
s. 84.03 (3) (a). Notwithstanding
subs. (3) (b),
(3g),
(3m), and
(3r), payment of the grant under this subsection shall be made from the appropriation under
s. 20.395 (2) (fr) before making any other allocation of funds under
subs. (3) (b),
(3g),
(3m), and
(3r), and the allocation of funds under
subs. (3) (b),
(3g),
(3m), and
(3r) shall be reduced proportionately to reflect the amount of the grant made under this subsection. This subsection does not apply after December 31, 2005.
86.31(4)
(4) Reimbursement for improvements. All costs of an improvement funded under this section shall be the responsibility of the political subdivision. At the completion of an improvement, the political subdivision may apply to the department for reimbursement of not more than 50% of eligible costs in the manner and form prescribed by the department.
86.31(5)
(5) Exceptions. Nothing in this section prevents improvements under other highway aid programs if applicable.
86.31(6)
(6) Rules. The department shall promulgate rules to implement and administer the program. The rules shall include all of the following:
86.31(6)(a)
(a) Criteria for county administrative responsibilities.
86.31(6)(b)
(b) Reallocation of any uncommitted funds, including a procedure to reallocate uncommitted funds between counties.
86.31(6)(c)
(c) Formulas and procedures for entitlements and reimbursements for each program component under
sub. (3) (a) 1. to
3.
86.31(6)(d)
(d) Procedures for reimbursements for county trunk highway improvements under
sub. (3g), for town road improvements under
sub. (3m) and for municipal street improvements under
sub. (3r).
86.31(6)(e)
(e) Procedures for the selection and administration of improvements.
86.31(6)(f)
(f) Procedures for the establishment, administration and operation of county highway improvement program districts and county highway improvement program district committees.
86.31(6)(g)
(g) Specific criteria for making determinations of cost-effectiveness under
sub. (2) (d) 5. a. and procedures for review by the department of disputes relating to whether proposed work to be performed by a county highway department is cost-effective for purposes of
sub. (2) (d) 5. a.
86.31(6)(h)
(h) Criteria and procedures for contracting with a county for a town road improvement that includes at least all of the following:
86.31(6)(h)1.
1. A requirement that a written and sealed estimate of the cost of the improvement that includes the source of the estimate be prepared prior to the time set for the opening of bids for the improvement and not be opened until after the opening of all bids.
86.31(6)(h)2.
2. A requirement that all bids may be rejected and the contract awarded to a county for the improvement if the lowest bid exceeds the cost estimate under
subd. 1. by at least 10% and the town board notifies the 2 lowest bidders or, if only one bid was received, the bidder to provide information on the accuracy of the cost estimate under
subd. 1.
86.31(6)(h)3.
3. A requirement that the amount of the contract with a county for the improvement be at least 10% below the lowest bid received for the improvement.
86.31(6)(h)4.
4. A provision that permits rebidding if the amount of the proposed contract with a county for the improvement is less than 10% below the lowest bid received for the improvement.
86.31 Cross-reference
Cross Reference: See also ch.
Trans 206, Wis. adm. code.
86.312
86.312
Local roads for job preservation program. 86.312(1)(a)
(a) "Job" means an employment position providing full-time equivalent employment. "Job" does not include initial training before an employment position begins.
86.312(1)(b)
(b) "Local roads" means streets under the authority of cities or villages, county trunk highways or town roads.
86.312(1)(c)
(c) "Political subdivision" means any city, village, town or county.
86.312(1)(d)
(d) "Population" means the number of inhabitants in the previous year determined by the department of administration under
s. 16.96 (2) for purposes of revenue sharing distribution.
86.312(1)(e)
(e) "Project" means the development, construction, repair or improvement of a local road.
86.312(2)(a)(a) The department shall administer a local roads for job preservation program to award grants to political subdivisions for any project that the department determines is necessary to support business and retain jobs in the vicinity of the local road. The department may award grants under this section for any costs related to a project, including costs of acquiring rights-of-way, planning, designing, engineering, and constructing a local road. The department may specify the pavement to be used in any project funded under this section for the purpose of enhancing the pavement life and cost-effectiveness of the project.
86.312(2)(b)
(b) The department may, upon application, award a grant to any political subdivision under this section for a project if the secretary determines all of the following:
86.312(2)(b)1.
1. That if the project is not completed, the political subdivision could lose a number of jobs equal to or greater than 5% of the population of the political subdivision, or that the project is necessary to retain jobs of one or more employer who employs at least 5% of the work force residing in the political subdivision.
86.312(2)(b)2.
2. That the political subdivision will provide the local share required under
sub. (3).
86.312(3)
(3) Each political subdivision that receives a grant under this section shall provide a local contribution toward the costs of the project in an amount equal to at least 20% of the cost of the project.
86.312(4)(a)(a) Except as provided in this subsection, grants under this section may be paid from the appropriations under
ss. 20.395 (2) (fb) and
(fz) and
20.866 (2) (uwz). Notwithstanding
par. (b), the department may pay from the appropriation under
s. 20.866 (2) (uwz) that portion of a grant that is intended to be used to acquire rights-of-way or to plan, design or engineer a project.
86.312(4)(b)1.1. Except as provided in
subds. 2. and
3., the portion of any grant awarded under this section for local road construction shall be paid from the appropriation under
s. 20.395 (2) (fz).
86.312(4)(b)2.
2. Except as provided in
subd. 3., if the portion of any grant awarded under this section for local road construction exceeds the amount of unencumbered funds under
s. 20.395 (2) (fz), the department shall pay from the appropriation under
s. 20.395 (2) (fb) the amount by which that portion exceeds the unencumbered funds available in the appropriations under
s. 20.395 (2) (fz).
86.312(4)(b)3.
3. If the portion of any grant awarded under this section for local road construction exceeds the amount of unencumbered funds under
s. 20.395 (2) (fb) and
(fz), the department shall pay from the appropriation under
s. 20.866 (2) (uwz) the amount by which that portion exceeds the unencumbered funds available in the appropriations under
s. 20.395 (2) (fb) and
(fz).
86.312(5)
(5) Costs incurred by a city, village, town or county for a project awarded under this section are not eligible for reimbursement under
s. 86.31.
86.312(6)
(6) The sum of grants awarded under this section may not exceed $10,000,000.
86.312 History
History: 1999 a. 146;
2001 a. 109.
86.315
86.315
County forest road aids. 86.315(1)
(1) From the appropriation under
s. 20.395 (1) (fu), the department shall annually, on March 10, pay to counties having county forests established under
ch. 28, for the improvement of public roads within the county forests which are open and used for travel and which are not state or county trunk highways or town roads and for which no aids are paid under
s. 86.30, the amount of $336 per mile of road designated in the comprehensive county forest land use plan as approved by the county board and the department of natural resources. If the amount appropriated under
s. 20.395 (1) (fu) is insufficient to make the payments required under this subsection, the department shall prorate the amount appropriated in the manner it considers desirable.
86.315(2)
(2) The amounts allotted under this section shall be paid into the county forest road fund and shall be administered by the committee designated to administer the county forest program for the maintenance, brush control, snow plowing and rebuilding of the roads.
86.315(3)
(3) County forest roads must meet the minimum design standards under
s. 82.50 (1) (a) 2. and
3. in order to qualify for aids under this section.
86.315(4)(a)(a) Except as provided in
par. (b), the committee designated to administer the county forest program shall, not later than September 15 of every odd-numbered year, file with the department and the county clerk a certified plat of the county forests showing the roads to be open and used for travel as of the succeeding January 1. The certified plat shall show the mileage of the roads for use by the department in making computations of road aids under this section.
86.315(4)(b)
(b) The committee designated to administer the county forest program need not file a certified plat under
par. (a) if the county has not added or deleted public road mileage within the county forests as specified in
sub. (1) since the committee last filed a certified plat under
par. (a).
86.315 Note
NOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
86.32
86.32
Connecting highways. 86.32(1)(1) The department may designate, or rescind the designation of, certain marked routes of the state trunk highway system over the streets or highways in any municipality for which the municipality will be responsible for maintenance and traffic control and the maintenance and operation of any swing or lift bridge. Such maintenance, operation and traffic control of the connecting highways and swing and lift bridges shall be subject to review and approval by the department. Those marked routes of the state trunk highway system designated as connecting streets prior to July 1, 1977, shall become the connecting highways in municipalities which are eligible for aids payments under this section. The character of travel service provided by a route, uniformity of maintenance, the effect on the maintaining agency, and the municipality's maintenance capability will be considerations by the secretary, in cooperation with the municipalities and counties in making changes in the connecting highways of the state trunk highway system in municipalities. The decision of the secretary to designate or rescind a designation may be appealed to the division of hearings and appeals, which may affirm, reverse or modify the secretary's decision.
