84.30 Annotation
This section did not prevent the leaseholder of a sign subject to an administrative order for removal due to discontinuance of a legal nonconforming use from pursuing judicial review of the administrative review of the order under s. 227.52. Eller Media, Inc. v. Division of Hearings and Appeals, 2001 WI App 269,
249 Wis. 2d 198,
637 N.W.2d 96,
00-3497.
84.30 Annotation
Sub. (3) (a) provides 2 separate conditions. A sign must: 1) be required or authorized by law, and 2) comply with rules promulgated by the Wisconsin DOT that are no more restrictive than national standards. The "no more restrictive" language does not apply to the "required or authorized by law" condition. "Authorized by law" is a reference to whether a sign is authorized by a law other than this section and rules promulgated thereunder. Because there is no limitation on the source of other law, there is no reason why other law may not be a local zoning ordinance. Donaldson v. Town of Spring Valley, 2008 WI App 61,
311 Wis. 2d 223,
750 N.W.2d 506,
07-1418.
84.30 Annotation
The administrative and judicial review provided in sub. (18) is the exclusive procedure for challenging the legality of a sign after issuance of a removal order, even when DOT has removed the sign. A determination under sub. (18) that a sign is legal is a necessary predicate to just compensation for the sign. The entire statutory scheme provides for a determination on the legality of a sign under sub. (18) and, if the ultimate determination is that the sign is legal, there is a procedure in subs. (7) and (8) for obtaining just compensation. This scheme adequately provides the means both to challenge a removal order on the ground a sign is legal and to obtain just compensation if that challenge succeeds. Lamar Central Outdoor, LLC v. DOT, 2008 WI App 187,
315 Wis. 2d 190,
762 N.W.2d 745,
08-0439.
84.30 Annotation
Persons in the business of erecting on-premise signs are subject to the licensing requirement of sub. (10) (a). 66 Atty. Gen. 295.
84.30 Annotation
Outdoor sign regulation in Eden and Wisconsin. Larsen, 1972 WLR 153.
84.305
84.305
Vegetation obstructing view of outdoor advertising signs. 84.305(1)(c)
(c) "Natural vegetation" means vegetation that the department has allowed to become established and remain in the right-of-way of a highway.
84.305(1)(d)
(d) "Planted vegetation" means any of the following:
84.305(1)(d)1.
1. Vegetation that has been planted in the right-of-way of a highway as part of a landscape project approved by the department for which there is a project plan.
84.305(1)(d)2.
2. Individual trees or shrubs in a landscaped area that the department has allowed to become established naturally and that are specifically noted on a recorded project plan for a landscape project approved by the department.
84.305(1)(f)
(f) "Specimen tree" means a live tree with a trunk measuring 12 or more inches in diameter as measured at 3 feet from the ground.
84.305(1)(g)
(g) "Unzoned commercial or industrial area" means an area that is not zoned by state or local law, regulation, or ordinance, and on which a sign is located within 500 feet of one or more permanent structures devoted to an ongoing commercial or industrial activity.
84.305(1)(h)
(h) "Vegetation" means any tree, shrub, hedge, or other woody plant, and includes planted vegetation, natural vegetation, and specimen trees. "Vegetation" does not include grass.
84.305(1)(i)
(i) "Viewing zone" means, with respect to a sign, the area commencing at the point on the main-traveled way of the highway nearest the sign and extending, in a direction opposite of the direction of travel in the nearest through traffic lanes, in a line along the highway parallel to the highway pavement edge for a distance of 1,000 feet.
84.305(2)(a)(a) Notwithstanding
ss. 66.1037 and
86.03, upon application, the department may issue permits to sign owners for the trimming, removal, or relocation of vegetation that is located in the right-of-way of a highway under the jurisdiction of the department for maintenance purposes and that obstructs a sign if any of the following applies:
84.305(2)(a)1.
1. The sign is 800 feet or less from another sign and, because of an obstruction to sight by planted vegetation in the highway right-of-way, there is no portion of the viewing zone along which, for a distance of 243 continuous feet, the entire face of the sign is viewable.
84.305(2)(a)2.
2. The sign is more than 800 feet from another sign and, because of an obstruction to sight by planted vegetation in the highway right-of-way, there is no portion of the viewing zone along which, for a distance of 350 continuous feet, the entire face of the sign is viewable.
84.305(2)(a)3.
3. Subject to
par. (b), within a distance of 500 continuous feet along any portion of the viewing zone, any portion of the face of the sign is not viewable because of an obstruction to sight by natural vegetation in the highway right-of-way.
84.305(2)(a)4.
4. Subject to
par. (b), the sign is located in a zoned industrial area and, within a distance of 600 continuous feet along any portion of the viewing zone, any portion of the face of a sign is not viewable because of an obstruction to sight by natural vegetation in the highway right-of-way.
84.305(2)(b)
(b) In measuring the distance in continuous feet along the viewing zone under
par. (a) 3. and
4., the department shall not include in its measurement any part of the viewing zone where any portion of the face of a sign is not viewable because of an obstruction to sight by a specimen tree in the highway right-of-way.
84.305(3)(a)(a) Subject to
pars. (d) to
(g) and
sub. (4), a permit issued under this section authorizes the permittee to trim obstructing vegetation or remove or relocate obstructing individual plants to the extent necessary to eliminate the obstruction and remedy any condition specified under
sub. (2) (a) 1. to
4. A permit issued under this section shall specify the vegetation or the portion of the highway right-of-way to which the permit applies.
84.305(3)(b)
(b) An application for a permit under this section shall specifically describe the work proposed by the applicant. The department shall grant or deny an application for a permit under this section, and notify the applicant of the department's decision, within 60 days of receipt of the application. Within 30 days of receipt of the application, the department shall determine whether the application is complete and, if not, the department shall return the application to the applicant and inform the applicant of what information, specifically described, must be provided by the applicant to complete the application. The department may not deny an application for a permit under this section based solely upon receipt by the department of an objection or complaint from a property owner or municipality receiving notice under
par. (c), but the department may consider the objection or complaint in determining whether to grant or deny the application for a permit. If the department denies an application for a permit under this section, the department shall notify the applicant of reasons for the denial.
84.305(3)(c)
(c) Any person who makes application for a permit under this section shall, at the time of the application, provide written notice of the application, including contact information for the department, to all of the following:
84.305(3)(c)1.
1. The owner of any property adjacent to the vegetation specified in the permit application if the work proposed in the permit application includes removal or relocation of individual plants and any of the following apply:
84.305(3)(c)1.a.
a. The adjacent property is in a zoned commercial or industrial area or an unzoned commercial or industrial area and the sum of the diameters, as measured at 3 feet from the ground, of all trees specified in the permit application having a trunk of at least 4 inches in diameter exceeds 20 inches.
84.305(3)(c)1.b.
b. The adjacent property is not in a zoned commercial or industrial area or an unzoned commercial or industrial area and the sum of the diameters, as measured at 3 feet from the ground, of all trees specified in the permit application having a trunk of at least 4 inches in diameter exceeds 12 inches.
84.305(3)(c)2.
2. The municipality in which any property adjacent to the vegetation specified in the permit application is located if any of the following apply:
84.305(3)(c)2.a.
a. The adjacent property is in a zoned commercial or industrial area or an unzoned commercial or industrial area and the sum of the diameters, as measured at 3 feet from the ground, of all trees specified in the permit application having a trunk of at least 4 inches in diameter exceeds 30 inches.
84.305(3)(c)2.b.
b. The adjacent property is not in a zoned commercial or industrial area or an unzoned commercial or industrial area and the sum of the diameters, as measured at 3 feet from the ground, of all trees specified in the permit application having a trunk of at least 4 inches in diameter exceeds 20 inches.
84.305(3)(d)
(d) A permit issued under this section may not authorize trimming, removal, or relocation of vegetation located within a municipality and within 10 feet of the nearest edge of the highway pavement without prior approval for the trimming, removal, or relocation from the municipality.
84.305(3)(e)
(e) A permit issued under this section may not authorize the permittee to trim, remove, or relocate vegetation in existence prior to the erection of the sign obstructed by the vegetation. Nothing in this paragraph prohibits the department from issuing a permit authorizing the trimming, removal, or relocation of vegetation that, at the time the sign was erected, did not obstruct the view of the sign.
84.305(3)(f)
(f) The department shall make every effort to issue permits under this section that authorize the permittee to fully remedy the condition giving rise to the need for the permit as described under
sub. (2) (a) 1. to
4., but the department, in its discretion and for the purpose of causing the least disruption to the landscape design in the highway right-of-way, may issue permits authorizing trimming, removal, or relocation of vegetation in a manner that results in the distance of 243 feet specified in
sub. (2) (a) 1., 350 feet specified in
sub. (2) (a) 2., 500 feet specified in
sub. (2) (a) 3., or 600 feet specified in
sub. (2) (a) 4., being noncontinuous if the permit allows the permittee to minimize sight obstruction of the sign along the applicable portion of the viewing zone.
84.305(3)(g)
(g) A permit issued under this section may not authorize the permittee to clear-cut any highway right-of-way. The permit authorizes the permittee to trim, remove, or relocate only the vegetation specified in the permit, or only vegetation within the area of the right-of-way specified in the permit, in accordance with the terms of the permit.
84.305(4)
(4) Each permit issued under this section shall authorize the permittee to employ 3rd-party contractors, including any arborist or landscape contractor, to perform work authorized under the permit. A permittee shall be responsible for any such work performed by a contractor on behalf of the permittee that is not authorized by the permit as if the work were performed directly by the permittee.
84.305(5)(a)(a) Each permit issued under this section shall require a permittee that removes planted vegetation to either relocate the planted vegetation or reimburse the department for the value of the planted vegetation. The department shall present to the permittee the department's calculation of the value of the planted vegetation, and the permittee may elect to relocate the planted vegetation or to reimburse the department for the value of the planted vegetation as determined by the department.
84.305(5)(b)
(b) The department shall determine the value of the planted vegetation, for purposes of
par. (a), based upon either the reasonable replacement cost of the vegetation or another suitable method established by the department, which method may include use of a vegetation value chart that is publicly available and generally accepted in the landscaping industry.
84.305(5)(c)
(c) If the department issues a permit under this section authorizing removal of vegetation, the department shall provide to the permittee prior to commencement of the work an estimate of the value of the vegetation to be removed and a detailed explanation of the department's objectives in planting this vegetation or allowing this vegetation to become established.
84.305(6)
(6) The department shall have authority to supervise and determine how the work authorized under a permit issued under this section is carried out. The department may require as a condition or restriction under any permit issued under this section that the work authorized under the permit meet standards established by the department.
84.305(7)
(7) Nothing in this section prohibits a sign owner and the department from voluntarily negotiating for, and the department from authorizing without the issuance of a permit under this section, the trimming, removal, or relocation of any vegetation in a highway right-of-way in order to provide an unobstructed view of a sign, except in situations where
sub. (3) (d) would apply if a permit were issued under this section. Nothing in this section restricts the department's authority with respect to departmental maintenance operations in the rights-of-way of highways under the department's jurisdiction.
84.305(8)
(8) Any person aggrieved by a decision of the department under this section, or by the department's failure to act on an application within the time limits specified in this section, is entitled, upon request, to a contested case hearing before the division of hearings and appeals in the department of administration, and to judicial review thereof, in accordance with
ch. 227.
84.305 History
History: 2005 a. 465.
84.31
84.31
Regulation of junkyards. 84.31(1)
(1)
Declaration of purpose; public nuisances. In order to promote the public safety, health, welfare, convenience and enjoyment of public travel, to protect the public investment in public highways, to preserve and enhance the scenic beauty of lands bordering public highways, to attract tourists and promote the prosperity, economic well-being and general welfare of the state, it is declared to be in the public interest to regulate and restrict the establishment, operation and maintenance of junkyards in areas adjacent to interstate and primary highways within this state. All junkyards in violation of this section are declared public nuisances.
84.31(2)
(2) Definitions. In this section:
84.31(2)(a)
(a) "Automobile graveyard" means an establishment or place of business which is maintained, used, or operated for storing, keeping, buying or selling wrecked, scrapped, ruined or dismantled motor vehicles or motor vehicle parts. Ten or more such vehicles constitute an automobile graveyard.
84.31(2)(am)
(am) "Department" means the department of transportation.
84.31(2)(b)
(b) "Illegal junkyard" means a junkyard which is established, expanded or maintained in violation of any statute or rule promulgated thereunder or local ordinance.
84.31(2)(c)
(c) "Industrial activities" mean those activities generally recognized as industrial by local zoning authorities in this state, including scrap metal processors, except that none of the following activities shall be considered industrial:
84.31(2)(c)1.
1. Agricultural, forestry, ranching, grazing, farming and similar activities, including, but not limited to wayside fresh produce stands.
84.31(2)(c)2.
2. Activities normally or regularly in operation less than 3 months of the year.
84.31(2)(c)4.
4. Activities not visible from the main-traveled way.
84.31(2)(c)5.
5. Activities more than 300 feet from the nearest edge of the right-of-way.
84.31(2)(c)7.
7. Activities conducted in structures which are principally used for residential purposes.
84.31(2)(d)
(d) "Interstate highway" means any highway at any time officially designated as a part of the national system of interstate and defense highways by the department and approved by the appropriate authority of the federal government.
84.31(2)(e)
(e) "Junk" means any old or scrap metal, metal alloy, synthetic or organic material, or waste, or any junked, ruined, dismantled or wrecked motor vehicle or machinery, or any part thereof.
84.31(2)(f)
(f) "Junkyard" means any place which is owned, maintained, operated or used for storing, keeping, processing, buying or selling junk, including refuse dumps, garbage dumps, automobile graveyards, scrap metal processors, auto-wrecking yards, salvage yards, auto-recycling yards, used auto parts yards and temporary storage of automobile bodies or parts awaiting disposal as a normal part of a business operation when the business will continually have like materials located on the premises, and sanitary landfills. The definition does not include litter, trash, and other debris scattered along or upon the highway, or temporary operations and outdoor storage of limited duration.
84.31(2)(g)
(g) "Primary highway" means any highway, other than an interstate highway, at any time officially designated as part of the federal-aid primary system by the department and approved by the appropriate authority of the federal government.
84.31(2)(h)
(h) "Scrap metal processor" means a fixed location at which machinery and equipment are utilized for the processing and manufacturing of iron, steel or nonferrous metallic scrap into prepared grades and whose principal product is scrap iron, scrap steel or nonferrous metal scrap for sale for remelting purposes.
84.31(2)(i)
(i) "Screened" means hidden from view in a manner compatible with the surrounding environment.
84.31(2)(j)
(j) "Unzoned industrial areas" mean those areas which are not zoned by state law or local ordinance, and on which there is located one or more permanent structures devoted to an industrial activity other than scrap metal processing or on which an industrial activity other than scrap metal processing, is actually conducted whether or not a permanent structure is located thereon, and the area along the highway extending outward 800 feet from and beyond the edge of such activity. Each side of the highway will be considered separately in applying this definition. All measurements shall be from the outer edges of the regularly used buildings, parking lots, storage or processing and landscaped areas of the industrial activities, not from the property lines of the activities, and shall be along or parallel to the edge or pavement of the highway.
84.31(2)(k)
(k) "Zoned" includes the establishment of districts without restrictions on use.
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.
