66.1035 History
History: 2003 a. 214 s.
101; Stats. 2003 s. 66.1035.
66.1035 Note
NOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
66.1035 Annotation
This section does not authorize the recovery of damages for a loss of business due to the temporary closing of a street for construction purposes. Weinandt v. Appleton,
58 Wis. 2d 734,
207 N.W.2d 673 (1973).
66.1035 Annotation
Landowners whose property abuts a public roadway, but who have no ownership interest in the land under the roadway, are abutting landowners for purposes of access rights. The right attributed to an abutting landowner is the right of reasonable access. Geyso v. Daly, 2005 WI App 18,
278 Wis. 2d 475,
691 N.W.2d 915,
04-0748 66.1037
66.1037
Beautification and protection. 66.1037(1)
(1) No lands abutting on any highway, and acquired or held for highway purposes, shall be deemed discontinued for such purposes so long as they abut on any highway. All lands acquired for highway purposes after June 23, 1931, may be used for any purpose that the public authority in control of the highway determines promotes the public use and enjoyment. The authority may improve such lands by suitable planting, to prevent the erosion of the soil, or to beautify the highway. The right to protect and to plant vegetation in any highway laid out prior to June 23, 1931, may be acquired in any manner that lands may be acquired for highway purposes. Subject to
sub. (2), it shall be unlawful for any person to injure any tree or shrub, or cut or trim any vegetation other than grass, or make any excavation in any highway laid out after June 23, 1931, or where the right to protect vegetation has been acquired, without the consent of the highway authority and under its direction. The authority shall remove, cut, or trim or consent to the removing, cutting, or trimming of any tree, shrub, or vegetation in order to provide safety to users of the highway.
66.1037(2)(a)(a) Except as provided in
par. (b), no person may cut or trim grass along any state trunk highway without the consent of the department of transportation.
66.1037(2)(b)
(b) A person who owns or leases land abutting a state trunk highway may, without the consent of the department of transportation, cut or trim grass that is within the highway right-of-way and that is located along the land's frontage with the highway right-of-way or within 200 feet of a driveway, railroad crossing, or intersection along the land's frontage with the highway right-of-way. This paragraph does not permit a person to cut or trim grass without the consent of the department of transportation if any of the following applies:
66.1037(2)(b)3.b.
b. An area accessible only by crossing a traffic lane of the state trunk highway.
66.1037 History
History: 2003 a. 214 ss.
23m to
24g.
66.1037 Note
NOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
66.1037 Annotation
Municipalities may incur liability for failure to trim vegetation obstructing the view at an intersection. Walker v. Bignell,
100 Wis. 2d 256,
301 N.W.2d 447 (1981).
66.1037 Annotation
Although this section mandates that governmental authorities "remove, cut or trim or consent to the removing, cutting or removal of any tree, shrub or vegetation in order to provide safety to users of the highway," it has not also created a private cause of action for damages caused by a failure to comply with that mandate. Estate of Wagoner v. City of Milwaukee, 2001 WI App 292,
249 Wis. 2d 306,
638 N.W.2d 382,
01-0623.
66.1039
66.1039
Transit authorities. 66.1039(1)(a)
(a) "Authority" means a transit authority created under this section.
66.1039(1)(b)
(b) "Bonds" means any bonds, interim certificates, notes, debentures, or other obligations of an authority issued under this section.
66.1039(1)(d)
(d) "Comprehensive unified local transportation system" means a transportation system that is comprised of motor bus lines and any other local public transportation facilities, the major portion of which is located within, or the major portion of the service of which is supplied to the inhabitants of, the jurisdictional area of the authority.
66.1039(1)(e)
(e) "Madison metropolitan planning area" means the metropolitan planning area, as defined in
23 USC 134 (b) (1), that includes the city of Madison.
66.1039(1)(f)
(f) "Municipality" means any city, village, or town.
66.1039(1)(g)
(g) "Participating political subdivision" means a political subdivision that is a member of an authority, either from the time of creation of the authority or by later joining the authority.
66.1039(1)(h)
(h) "Political subdivision" means a municipality or county.
66.1039(1)(i)
(i) "Transportation system" means all land, shops, structures, equipment, property, franchises, and rights of whatever nature required for transportation of passengers within the jurisdictional area of the authority and, only to the extent specifically authorized under this section, outside the jurisdictional area of the authority. "Transportation system" includes elevated railroads, subways, underground railroads, motor vehicles, motor buses, and any combination thereof, and any other form of mass transportation, but does not include transportation excluded from the definition of "common motor carrier" under
s. 194.01 (1) or charter or contract operations to, from, or between points that are outside the jurisdictional area of the authority.
66.1039(2)(b)1.1. The Dane County regional transit authority, a public body corporate and politic and a separate governmental entity, is created if the governing body of Dane County adopts a resolution authorizing the county to become a member of the authority. Once created, this authority may transact business and exercise any powers granted to it under this section.
66.1039(2)(b)2.
2. If Dane County adopts a resolution under
subd. 1., any municipality located in whole or in part within the Madison metropolitan planning area on January 1, 2003, shall be a member of the authority.
66.1039(2)(b)3.
3. Any municipality located in whole or in part within Dane County that is not located in whole or in part within the Madison metropolitan planning area on January 1, 2003, may join the authority created under
subd. 1. if the governing body of the municipality adopts a resolution to join the authority and the board of directors of the authority approves the municipality's joinder.
66.1039(2)(b)4.
4. The jurisdictional area of the authority created under this paragraph is the geographic area formed by the Madison metropolitan planning area combined with the territorial boundaries of all municipalities that join the authority under
subd. 3.
66.1039(2)(b)5.
5. For purposes of determining a municipality's territorial boundaries and the geographic area formed by the Madison metropolitan planning area, annexed territory that was subject to an unresolved challenge on January 1, 2003, shall not be considered part of the annexing municipality or the Madison metropolitan planning area.
66.1039(2)(b)6.
6. If a municipality joins the authority after the authority is created, the authority shall provide the department of revenue with a certified copy of the resolution that approves the joining and the joining shall take effect on the first day of the calendar quarter that begins at least 120 days after the department receives the certified copy of the resolution. The authority shall also provide the department with a description of the new boundaries of the authority's jurisdictional area, as provided under
sub. (4) (s) 2.
66.1039(2)(c)1.1. The Chippewa Valley regional transit authority, a public body corporate and politic and a separate governmental entity, is created if the governing body of Eau Claire County adopts a resolution authorizing the county to become a member of the authority. Once created, this authority may transact business and exercise any powers granted to it under this section.
66.1039(2)(c)2.
2. If an authority is created under
subd. 1., any municipality located in whole or in part within Eau Claire County shall be a member of the authority.
66.1039(2)(c)3.
3. After an authority is created under
subd. 1., Chippewa County may join the authority created under
subd. 1. if the governing body of Chippewa County adopts a resolution to join the authority.
66.1039(2)(c)4.
4. If Chippewa County joins an authority as provided in
subd. 3., any municipality located in whole or in part within Chippewa County shall be a member of the authority.
66.1039(2)(c)5.
5. The jurisdictional area of the authority created under this subsection is the territorial boundaries of Eau Claire County or, if Chippewa County also joins the authority as provided in
subd. 3., the combined territorial boundaries of Eau Claire County and Chippewa County.
66.1039(2)(e)1.1. The Chequamegon Bay regional transit authority, a public body corporate and politic and a separate governmental entity, is created if the governing bodies of the counties of Ashland and Bayfield each adopt a resolution authorizing that county to become a member of the authority. Except as provided in
subd. 2., once created, this authority shall consist of the counties of Ashland and Bayfield and any municipality located in whole or in part within these counties. Once created, this authority may transact business and exercise any powers granted to it under this section.
66.1039(2)(e)2.
2. After an authority is created under
subd. 1., any county other than Ashland County or Bayfield County may join this authority if the governing body of the county adopts a resolution authorizing the county to become a member of the authority, and the board of directors of the authority approves the county's joinder. If a county becomes a member of an authority under this subdivision, any municipality located in whole or in part within the county shall also be a member of the authority.
66.1039(2)(e)3.
3. The jurisdictional area of the authority created under this subsection is the combined territorial boundaries of the counties of Ashland and Bayfield and any county that joins the authority under
subd. 2.
66.1039(2)(e)4.
4. If a county joins the authority under
subd. 2. after it is created, the authority shall provide the department of revenue with a certified copy of the resolution that approves the joining and a certified copy of the authority's board of directors approval. The county's joining of the authority shall take effect on the first day of the calendar quarter that begins at least 120 days after the department receives this information. The authority shall also provide the department with a description of the new boundaries of the authority's jurisdictional area, as provided under
sub. (4) (s) 2.
66.1039(3)(a)(a) The powers of an authority shall be vested in its board of directors. Directors shall be appointed for 4-year terms, except that directors appointed under
par. (c) 5. shall serve 2-year terms. A majority of the board of directors' full authorized membership constitutes a quorum for the purpose of conducting the authority's business and exercising its powers. Action may be taken by the board of directors upon a vote of a majority of the directors present and voting, unless the bylaws of the authority require a larger number.
66.1039(3)(c)
(c) If an authority is created under
sub. (2) (b), the board of directors of the authority consists of the following members:
66.1039(3)(c)1.
1. Two members from the Madison metropolitan planning area, appointed by the county executive and approved by the county board.
66.1039(3)(c)2.
2. Two members appointed by the mayor of the city of Madison and approved by the common council.
66.1039(3)(c)4.
4. One member from each city, other than the city of Madison, with a population of more than 15,000 located in Dane County, appointed by the mayor of each such city and approved by the common council.
66.1039(3)(c)5.
5. One member from a village within the jurisdictional area of the authority, or from a city within the jurisdictional area of the authority other than a city from which a member is appointed under
subd. 2. or
4., appointed by the Dane County Cities and Villages Association. A member appointed under this subdivision may not serve more than one consecutive term. Board membership under this subdivision shall follow a rotating order of succession and every village or city eligible to have a member appointed from that village or city shall have such a member appointed before any village or city has an opportunity to have another member appointed under this subdivision.
66.1039(3)(d)1.1. If an authority is created under
sub. (2) (c), the board of directors of the authority shall be determined by resolution of the governing body of Eau Claire County or, if Chippewa County also joins the authority as provided in
sub. (2) (c) 3., by resolution of the governing bodies of Eau Claire County and Chippewa County, except that all of the following shall apply:
66.1039(3)(d)1.a.
a. The board of directors shall consist of not more than 17 members.
66.1039(3)(d)1.b.
b. The board of directors shall include at least 3 members from Eau Claire County, appointed by the county executive and approved by the county board.
66.1039(3)(d)1.c.
c. If Chippewa County joins the authority as provided in
sub. (2) (c) 3., the board of directors shall include at least 3 members from Chippewa County, appointed by the county executive and approved by the county board.
66.1039(3)(d)1.d.
d. The board of directors shall include at least one member from the most populous city of each county that is a member, appointed by the mayor of the city and approved by the common council of the city.
66.1039(3)(d)1.e.
e. The board of directors shall include at least one member from the authority's jurisdictional area, appointed by the governor.
66.1039(3)(d)2.
2. If Chippewa County joins the authority as provided in
sub. (2) (c) 3. and the governing bodies of Eau Claire County and Chippewa County are unable to agree upon a composition of the board of directors as specified in
subd. 1., the board of directors of the authority shall be limited to the minimum members specified in
subd. 1. b. to
e.
66.1039(3)(f)1.1. If an authority is created under
sub. (2) (e), the board of directors of the authority shall be determined by resolution of the governing bodies of the counties of Ashland and Bayfield and of any county that joins the authority under
sub. (2) (e) 2., except that all of the following shall apply:
66.1039(3)(f)1.a.
a. The board of directors shall consist of not more than 17 members, unless the minimum number of members specified in this
subd. 1. b. to
d. exceeds 17.
66.1039(3)(f)1.b.
b. The board of directors shall include at least 3 members each from the counties of Ashland and Bayfield and from any county that joins the authority under
sub. (2) (e) 2., appointed by the county executive and approved by the county board.
66.1039(3)(f)1.c.
c. The board of directors shall include at least one member from the most populous city of each county that is a member, appointed by the mayor of the city and approved by the common council of the city.
66.1039(3)(f)1.d.
d. The board of directors shall include at least one member from the authority's jurisdictional area, appointed by the governor.
66.1039(3)(f)2.
2. If the governing bodies of the counties of Ashland and Bayfield and of any county that joins the authority under
sub. (2) (e) 2. are unable to agree upon a composition of the board of directors as specified in
subd. 1., the board of directors of the authority shall be limited to the minimum members specified in
subd. 1. b. to
d.
66.1039(3)(fm)
(fm) If any provision of this subsection provides for the appointment of a member of an authority's board of directors by the mayor of a city that has no mayor, the appointment shall instead be made by the chairperson of the common council. If any provision of this subsection provides for the appointment of a member of an authority's board of directors by the county executive of a county that has no county executive, the appointment shall be made by the chairperson of the county board.
66.1039(3)(g)
(g) The bylaws of an authority shall govern its management, operations, and administration, consistent with the provisions of this section, and shall include provisions specifying all of the following:
66.1039(3)(g)1.
1. The functions or services to be provided by the authority.
66.1039(3)(g)3.
3. The maximum rate of the taxes that may be imposed by the authority under
sub. (4) (s), not to exceed the maximum rate specified in
s. 77.708 (1).
66.1039(3)(g)4.
4. The composition of the board of directors of the authority, as determined under
par. (d) or
(f).
66.1039(4)
(4) Powers. Notwithstanding
s. 59.84 (2) and any other provision of this chapter or
ch. 59 or
85, an authority may do all of the following, to the extent authorized in the authority's bylaws:
66.1039(4)(a)
(a) Establish, maintain, and operate a comprehensive unified local transportation system primarily for the transportation of persons.
66.1039(4)(b)
(b) Acquire a comprehensive unified local transportation system and provide funds for the operation and maintenance of the system. Upon the acquisition of a comprehensive unified local transportation system, the authority may:
66.1039(4)(b)1.
1. Operate and maintain it or lease it to an operator or contract for its use by an operator.
66.1039(4)(b)2.
2. Contract for superintendence of the system with an organization that has personnel with the requisite experience and skill.
66.1039(4)(b)3.
3. Delegate responsibility for the operation and maintenance of the system to an appropriate administrative officer, board, or commission of a participating political subdivision.
66.1039(4)(b)4.
4. Maintain and improve railroad rights-of-way and improvements on these rights-of-way for future use.
