84.01(26)
(26) Cooperative agreements. The department may, by agreement with the appropriate authority of an adjoining state, arrange for performing, financing and sharing of cost of construction, maintenance and operation of any bridge or other transportation project over or upon interstate boundary waters and approaches thereto under joint jurisdiction of the department and a governmental agency of the adjoining state.
84.01(27)
(27) Urban mass transit systems. The department may encourage generally and provide, without limitation by enumeration, for the construction of exclusive or preferential bus lanes, highway control devices, bus passenger loading areas and terminal facilities, including shelters, fringe and corridor parking facilities to serve bus, car pool and other public mass transportation passengers and, with the approval of the local authority charged with the maintenance of the highway facility, preferential lanes for car pool vehicles. All moneys granted or allotted to this state as federal aid for the purposes specified in this subsection shall be expended by the department in accordance with the act of congress relating to such federal aid funds.
84.01(28)
(28) Transportation administrative facilities. The department may acquire, construct, develop, enlarge or improve administrative or operating facilities for its use under
s. 13.48 (10) or
84.01 (30).
84.01(29)
(29) Planting of trees. The department shall by rule establish procedures for increasing the number of hardy and aesthetically pleasing trees planted on state trunk highway rights-of-way, while maintaining highway safety.
84.01 Cross-reference
Cross Reference: See also ch.
Trans 280, Wis. adm. code.
84.01(30)
(30) Build-operate-lease or transfer agreements. The department may enter into build-operate-lease or transfer agreements with private entities for the construction of transportation projects, including any projects to be financed under
s. 84.59 for transportation administrative facilities under
s. 84.01 (28) and, for projects that are not purchased by the state upon their completion, for the maintenance and operation of such projects. A project under this subsection may be constructed on state-owned land. An agreement under this subsection may not be entered into unless the department determines that the agreement advances the public interest, and the private entity has prior experience in design, construction, site development and environmental impact analysis and, for a project that is not expected to be purchased by the state upon its completion, has the capability of maintaining and operating the facility upon completion of the project. The following provisions shall be contained in any build-operate-lease or transfer agreement under this subsection, except that they shall be included in an agreement for a sale of property under
par. (g) 3. only if they are relevant to that sale:
84.01(30)(a)
(a) A provision specifying that title is held by the private entity until title is transferred to the department pursuant to a lease with option to purchase at the appraised value or purchase at the appraised value of the constructed project upon its completion.
84.01(30)(b)
(b) If the agreement contains a lease that provides for payments to be made by the state from moneys that have not been appropriated at the time that the agreement is entered into, a provision containing the statement required under
s. 16.75 (3).
84.01(30)(c)
(c) A provision specifying that the project shall be constructed in accordance with requirements and specifications approved by the department of administration or, if the project is not a transportation administrative facility, approved by the department of transportation.
84.01(30)(d)
(d) A provision permitting inspection by agents of the department of transportation until title transfers as provided under
par. (a) or by agents of the department of administration during construction.
84.01(30)(e)
(e) If applicable, a provision specifying that any operation and maintenance under the agreement by the private entity shall be conducted in accordance with requirements and specifications approved by the department.
84.01(30)(f)
(f) A provision establishing a mechanism for the resolution of disputes.
84.01(30)(g)1.1. In this paragraph, "park-and-ride facility" means a facility with a parking lot and, within a reasonable walking distance, a station or transfer point where commuters access a mass transit system.
84.01(30)(g)2.
2. If the department determines that such a provision advances the public interest, a provision exempting the private entity from the restrictions under
ss. 84.25 (11) and
86.19 (1), and specifying any requirements that the department determines will practicably advance the purposes of
ss. 84.25 (11) and
86.19 (1). This subdivision applies only to park-and-ride facilities.
84.01(30)(g)3.
3. Notwithstanding any other statute, the department may sell, at the appraised value, the real estate upon which a park-and-ride facility is or may be located, if the department determines that the sale is in the best interests of the public and the department determines that the real estate will be used in a manner consistent with the state's transportation interests.
84.01(31)
(31) Accommodation of utility facilities within highway rights-of-way. Notwithstanding
ss. 84.06 (4),
84.063,
84.065, and
84.093, the department may, upon finding that it is feasible and advantageous to the state, negotiate and enter into an agreement to accept any plant or equipment used for the conveyance, by wire, optics, radio signal, or other means, of voice, data, or other information at any frequency over any part of the electromagnetic spectrum, or to accept any services associated with the collection, storage, forwarding, switching, and delivery incidental to such communication, as payment for the accommodation of a utility facility, as defined in
s. 84.063 (1) (b), within a highway right-of-way. Any agreement under this subsection is exempt from
ss. 16.70 to
16.75,
16.755 to
16.82, and
16.85 to
16.89, but
ss. 16.528,
16.752, and
16.754 apply to such agreement.
84.01(32)
(32) Confidentiality of bidder information. 84.01(32)(a)(a) The department may not disclose to any person any information requested by the department for the purpose of complying with
49 CFR 26, as that section existed on October 1, 1999, that relates to an individual's statement of net worth, a statement of experience, or a company's financial statement, including the gross receipts of a bidder.
84.01(32)(b)
(b) This subsection does not prohibit the department from disclosing information to any of the following persons:
84.01(32)(b)2.
2. Any person who has the written consent of the person to whom the information relates to receive such information.
84.01(32)(b)3.
3. Any person to whom
49 CFR 26, as that section existed on October 1, 1999, requires or specifically authorizes the department to disclose such information.
84.01 History
History: 1971 c. 40,
125;
1973 c. 12;
1973 c. 243 s.
82;
1975 c. 189;
1977 c. 29 ss.
918 to
924,
1654 (1), (8) (a), (f),
1656 (43);
1977 c. 190,
272;
1979 c. 221,
314;
1981 c. 346 s.
38;
1983 a. 27,
130;
1985 a. 29,
300;
1987 a. 27;
1989 a. 31,
125,
345;
1993 a. 246;
1995 a. 225,
338;
1997 a. 27,
106;
1999 a. 9;
2001 a. 16;
2005 a. 25,
89,
392,
410; s. 13.93 (2) (c).
84.011
84.011
Who to sign contracts. The secretary, or the secretary's designees, may sign and execute in the name of the department any conveyance or any contract or agreement with the federal government or its departments, subdivisions of the state, corporations, limited liability companies, associations, partnerships and individuals.
84.011 History
History: 1977 c. 29;
1993 a. 112,
490.
84.012
84.012
Setoffs. All amounts owed by this state under this chapter are subject to being set off under
s. 73.12.
84.012 History
History: 1985 a. 29.
84.013
84.013
Highway projects. 84.013(1)(a)
(a) "Major highway project" means a project, except a project providing an approach to a bridge over a river that forms a boundary of the state or a southeast Wisconsin freeway rehabilitation project under
s. 84.014, which has a total cost of more than $5,000,000 and which involves any of the following:
84.013(1)(a)1.
1. Constructing a new highway 2.5 miles or more in length.
84.013(1)(a)2.
2. Reconstructing or reconditioning an existing highway by either of the following:
84.013(1)(a)2.b.
b. Adding one or more lanes 5 miles or more in length to the existing highway.
84.013(1)(a)3.
3. Improving to freeway standards 10 miles or more of an existing divided highway having 2 or more lanes in either direction.
84.013(1)(b)
(b) "Reconditioning" means work in addition to resurfacing. "Minor reconditioning" includes pavement widening and shoulder paving. "Major reconditioning" includes improvement of an isolated grade, curve, intersection or sight distance problem to improve safety. Major reconditioning projects may require additional property acquisition.
84.013(1)(c)
(c) "Reconstruction" means total rebuilding of an existing highway to improve maintainability, safety, geometrics and traffic service. It is accomplished basically on existing alignment, and major elements may include flattening of hills and grades, improvement of curves, widening of the roadbed, and elimination or shielding of roadside obstacles. Normally reconstruction will require additional property acquisition.
84.013(1)(d)
(d) "Resurfacing" means placing a new surface on an existing highway to provide a better all-weather surface and a better riding surface, and to extend or renew the pavement life. It generally involves no improvement in capacity or geometrics. Resurfacing may include some elimination or shielding of roadside obstacles, culvert replacements, signals, marking, signing and intersection improvements. Usually no additional property acquisition is required; except possible minor acquisition for drainage and intersection improvements.
84.013(3)
(3) The department may proceed with construction of the following major highway projects:
84.013(3)(ab)
(ab) STH 11 extending approximately 7.6 miles from west of Burlington to STH 36/83 east of Burlington, designated as the Burlington bypass, in Walworth and Racine counties.
84.013(3)(ac)
(ac) USH 12 extending approximately 11.6 miles from the junction of USH 12 and I 90/94 to approximately 0.75 miles south of Ski Hi Road in Sauk County.
84.013(3)(ae)
(ae) USH 53 extending approximately 6.2 miles between I 90 and USH 14/61 near 7th Street in La Crosse, La Crosse County.
84.013(3)(ag)
(ag) STH 57 extending approximately 17.3 miles from the junction of STH 57 with CTH "A" to STH 42 in Kewaunee and Door counties.
84.013(3)(ai)
(ai) USH 141 extending approximately 15.4 miles between Lemere Road and 6th Road in Oconto and Marinette counties.
84.013(3)(ak)
(ak) USH 151 extending approximately 18 miles between the junction of USH 151 and CTH "HH" south of Dickeyville to west of Belmont in Grant and Lafayette counties.
84.013(3)(dm)
(dm) USH 51 between CTH "S" and USH 8, designated as the Tomahawk bypass 2nd roadway, in Lincoln County.
84.013(3)(kb)
(kb) USH 151 extending approximately 18.2 miles between USH 151 west of Belmont and STH 23 south of Dodgeville, designated as the Belmont to Dodgeville project, in Lafayette and Iowa counties.
84.013(3)(kg)
(kg) STH 16 and STH 16/67 extending approximately 7.4 miles from the junction of STH 16 with the Rock River to the STH 16/67 interchange east of Oconomowoc, designated as the Oconomowoc bypass, in Jefferson and Waukesha counties.
84.013(3)(km)
(km) USH 53 extending approximately 7.5 miles between USH 53 south of the USH 53/STH 93 interchange in Eau Claire and the USH 53/STH 124 interchange south of Chippewa Falls, designated as the Eau Claire Freeway, in Eau Claire and Chippewa counties.
84.013(3)(pe)
(pe) STH 17 extending approximately 3.25 miles from the intersection of STH 17 and Birchwood Drive to USH 8 approximately 0.16 miles east of Germond Road, designated as the Rhinelander relocation, in Oneida County.
84.013(3)(pm)
(pm) STH 26 extending approximately 48 miles between I 90 in Janesville and STH 60 north of Watertown in Rock, Jefferson, and Dodge counties.
84.013(3)(ps)
(ps) I 39/USH 51 extending approximately 8 miles from south of Fox Glove Road to north of Bridge Street, designated as the Wausau beltline, in Marathon County.
84.013(3)(ra)
(ra) STH 23 between STH 67 and USH 41 in Sheboygan and Fond du Lac counties.
84.013(3)(rb)
(rb) The Rock County transportation plan, consisting of STH 11 extending southeasterly approximately 6.1 miles between STH 11 west of Janesville and the intersection of USH 51 and STH 351, designated as the Janesville bypass, and STH 81 and STH 213 extending southerly approximately 2.5 miles between STH 213 west of Beloit and the state line, designated as the Beloit bypass, in Rock County.
84.013(3)(re)
(re) USH 12 extending approximately 18.2 miles between the USH 12/14 interchange area in Middleton and STH 60 in Dane and Sauk counties.
84.013(3)(rg)
(rg) STH 13 extending approximately 5.0 miles between USH 10 and Lincoln Avenue, designated as the Marshfield mobility study, in Wood and Marathon counties.
84.013(3)(rj)
(rj) STH 64 extending approximately 14.3 miles between STH 64 northeast of Houlton and STH 65 east of New Richmond, designated as the Houlton to New Richmond project, in St. Croix County.
84.013(3)(rm)
(rm) USH 151 between CTH "D" and STH 149, designated as the Fond du Lac bypass, in Fond du Lac County.
84.013(3)(rp)
(rp) STH 57 extending approximately 10.5 miles between I 43 and STH 57 approximately 0.5 mile north of the southern Sheboygan County line, in Ozaukee and Sheboygan counties.
84.013(3)(tc)
(tc) USH 12 extending between USH 12 approximately 1.5 miles northwest of Whitewater and USH 12 approximately 1.0 mile east of CTH "P", designated as the Whitewater bypass, in Jefferson and Walworth counties.
84.013(3)(te)
(te) STH 31 between STH 11 and STH 142 in Racine and Kenosha counties.
84.013(3)(tg)
(tg) STH 35 between I 94 and CTH "U" in St. Croix County.
84.013(3)(tm)
(tm) STH 50 between Slades Corners and USH 12 in Kenosha and Walworth counties.
84.013(3)(tp)
(tp) STH 57 between STH 54 and CTH "A" in Brown and Kewaunee counties.
84.013(3)(tr)
(tr) STH 110 between USH 41 and approximately 1.5 miles north of STH 116 in Winnebago County.
84.013(3)(tv)
(tv) USH 141 between the USH 141/41 interchange near Abrams and approximately 1.0 mile north of STH 22 in Oconto County.
84.013(3)(tx)
(tx) USH 41 between the USH 141/41 interchange near Abrams and STH 145 in Oconto, Brown, Outagamie, Winnebago, Fond du Lac, Dodge and Washington counties.
84.013(3)(wg)
(wg) A state trunk highway in the city of Milwaukee extending from the southerly terminus of the Daniel Webster Hoan Memorial Bridge southerly approximately 3 miles on or adjacent to the Chicago and Northwestern railroad right-of-way to the intersection with East Layton Avenue, designated as the Lake Arterial project, in Milwaukee County.
84.013(3)(xb)
(xb) USH 151 between the south interchange with STH 73 south of Columbus and USH 41 at Fond du Lac.
84.013(3)(yd)
(yd) STH 29 between Green Bay and I 94, in Brown, Shawano, Marathon, Clark, Chippewa and Dunn counties.
84.013(3)(ye)
(ye) USH 10 between Appleton and Marshfield, in Winnebago, Outagamie, Waupaca, Portage and Wood counties.
84.013(3)(zb)
(zb) USH 41 extending from 1.5 miles south of Frog Pond Road in Oconto County to 1.3 miles north of Schacht Road in Marinette County.
84.013(3)(zd)
(zd) USH 14 from approximately 2 miles west of Westby to 1.5 miles south of Viroqua in Vernon County.
84.013(3)(zh)
(zh) USH 18 from Main Street in the city of Prairie du Chien to STH 60 in the town of Bridgeport in Crawford County.
84.013(3)(zp)
(zp) USH 41 from 0.5 miles south of STH 26 to 0.5 miles north of Breezewood Lane in the city of Neenah in Winnebago County.
84.013(3)(zt)
(zt) USH 41 from Orange Lane in the town of Lawrence, one mile south of CTH "F" to CTH "M" in Brown County.
84.013(3m)(a)(a) The department shall complete any major highway project involving STH 29 from Green Bay to Chippewa Falls in Brown, Shawano, Marathon, Clark and Chippewa counties by December 31, 2000.
84.013(3m)(b)
(b) The department shall complete all of the following highway rehabilitation projects:
84.013(3m)(b)1.
1. STH 20 beginning at Roosevelt Avenue and extending to West Boulevard in the city of Racine by December 31, 1998.
84.013(3m)(b)2.
2. STH 20 beginning at Oakes Road and extending to Roosevelt Avenue in the town of Mount Pleasant by December 31, 1999.
84.013(3m)(b)3.
3. STH 20 beginning at West Boulevard and extending to Marquette Street in the city of Racine by December 31, 2002.
84.013(3m)(c)
(c) The department shall complete the design work for any major highway project involving STH 57 between CTH "A" near Dyckesville and STH 42 in Kewaunee and Door counties by December 31, 2003.
84.013(4)(a)(a) Subject to
s. 13.489 (1m), in preparation for future major highway projects, the department may perform preliminary engineering and design work and studies for possible major highway projects not listed under
sub. (3), but no major highway may be constructed unless the project is listed under
sub. (3) or approved under
sub. (6).
