84.01(35)(c)2.
2. The cost of establishing bikeways or pedestrian ways would be excessively disproportionate to the need or probable use of the bikeways or pedestrian ways. For purposes of this subdivision, cost is excessively disproportionate if it exceeds 20 percent of the total project cost. The rules may not allow an exception under this subdivision to be applied unless the secretary of transportation, or a designee of the secretary who has knowledge of the purpose and value of bicycle and pedestrian accommodations, reviews the applicability of the exception under this subdivision to the particular project at issue.
84.01(35)(c)3.
3. Establishing bikeways or pedestrian ways would have excessive negative impacts in a constrained environment.
84.01(35)(c)4.
4. There is an absence of need for the bikeways or pedestrian ways, as indicated by sparsity of population, traffic volume, or other factors.
84.01(35)(c)5.
5. The community where pedestrian ways are to be located refuses to accept an agreement to maintain them.
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;
2007 a. 20,
97,
125;
2009 a. 28;
2011 a. 32,
167.
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 this state, other states or subdivisions of other states, corporations, limited liability companies, associations, partnerships and individuals.
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, a high-cost state highway bridge project under
s. 84.017, or a southeast Wisconsin freeway megaproject under
s. 84.0145, that satisfies any of the following:
84.013(1)(a)1m.
1m. The project has a total cost of more than $30,000,000, subject to adjustment under
sub. (2m), and involves any of the following:
84.013(1)(a)1m.b.
b. Reconstructing or reconditioning an existing highway by either relocating 2.5 miles or more of the existing highway or adding one or more lanes 5 miles or more in length to the existing highway.
84.013(1)(a)1m.c.
c. Improving to freeway standards 10 miles or more of an existing divided highway having 2 or more lanes in either direction.
84.013(1)(a)2m.
2m. The project has a total cost of more than $75,000,000, subject to adjustment under
sub. (2m), and is not described in
subd. 1m.
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 Note
NOTE: Par. (b) is shown as affected by
2011 Wis. Acts 32 and
257 and as merged by the legislative reference bureau under s. 13.92 (2) (i).
84.013(2m)
(2m) The department shall annually adjust the amounts specified in
sub. (1) (a) 1m. and
2m. to reflect the annual change in the Wisconsin Department of Transportation Price Index, Yearly Moving Average, as maintained by the department or, if at any time the department no longer maintains this index, another suitable index as determined by the department. Beginning in 2012, prior to October 1 of each year, the department shall compute the annual adjustment required under this subsection and shall publish the new adjusted amount applicable under
sub. (1) (a) 1m. and
2m., which amount shall become effective on October 1 of that year. The department may not adjust the amounts specified in
sub. (1) (a) 1m. and
2m. to an amount less than that specified in
sub. (1) (a) 1m. and
2m.
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)(bd)
(bd) I 39/90 extending approximately 45 miles from USH 12/18 in Dane County to the Illinois-Wisconsin state line in Rock County.
84.013(3)(bh)
(bh) STH 38 extending approximately 9 miles from CTH "K" in Racine County to Oakwood Road in Milwaukee County.
84.013(3)(bp)
(bp) USH 10 and USH 10/STH 441 extending approximately 5 miles from CTH "CB" in Winnebago County to Oneida Street in Calumet County.
84.013(3)(bt)
(bt) STH 15 extending approximately 11 miles from STH 76 to USH 45, near New London, in Outagamie County.
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(3m)(d)
(d) If the department reconstructs any part of STH 78 located in the village of Merrimac in Sauk County and requires water and sewer utilities lying beneath this reconstructed part of STH 78 to be relocated to a lower depth, the department shall pay 75 percent of the cost of relocating these water and sewer utilities.
84.013(3m)(e)
(e) The department shall begin the major highway project enumerated under
sub. (3) (ra) no later than July 1, 2009.
84.013(3m)(f)
(f) The department shall construct an interchange on I 90/94/39 at Cuba Valley Road in Dane County if the federal highway administration approves the location of an interchange at that location and if the department receives a commitment for funding the full construction cost of the project from sources other than state funds.
84.013(3m)(i)
(i) In conjunction with the resurfacing project on STH 102, the department shall construct a bicycle and pedestrian path and bridge, including lighting, along STH 102 from State Road to Fayette Avenue in the village of Rib Lake in Taylor County if the village contributes at least $60,000 to the cost of the bicycle and pedestrian path project.
84.013(4)(a)(a) Subject to
s. 13.489 (1m), in preparation for future major highway projects, the department may perform 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).
84.013(4)(b)
(b) The department may not, within any 6-year period, construct a highway project consisting of separate contiguous projects which do not individually qualify as major highway projects but which in their entirety would constitute a major highway project without first submitting the project to the transportation projects commission for its recommendations and report and without specific authorization under
sub. (3), except as provided in
par. (c) and
sub. (6).
84.013(4)(c)
(c) The department may construct highway projects involving STH 59 between STH 164 on the eastern edge of the city of Waukesha and Calhoun Road in Waukesha County and STH 59 from Calhoun Road to the Waukesha County line in Waukesha County without first submitting the projects to the transportation projects commission for its recommendations and report and without specific authorization under
sub. (3).
84.013(5)
(5) Commencing with the 1985-87 biennial budget bill and biennially thereafter, the department shall request adjustments to the list of major highway projects under
sub. (3) as listed projects are completed, projects are approved under
sub. (6) and new projects are ready for construction. The department shall submit the proposed biennial adjustments for major highway projects to the transportation projects commission for review and recommendation as provided under
s. 13.489.
84.013(6)
(6) If following the enactment of the biennial budget bill the department determines that a highway project which was initially planned or designed as a reconditioning, reconstruction or resurfacing project is a major highway project and is ready for construction, the department shall submit the proposal for the specific project to the transportation projects commission for review and recommendation as provided under
s. 13.489. After the transportation projects commission has submitted its report on the project, the department may request approval of the specific project as a major highway project from the joint committee on finance. If the joint committee on finance approves the project, the committee shall make such transfer of funds among the highway appropriations as deemed necessary and the department may proceed with construction.
84.013(6m)
(6m) Notwithstanding
sub. (1) (a), if a highway improvement project within the corporate limits of a city, village or town has a cost of more than $2,000,000, the city, village or town may, by resolution, petition the transportation projects commission to designate the project as a major highway project. This subsection does not apply to a highway improvement project on a freeway within the corporate limits of a city, village or town. The department may not construct a highway improvement project designated as a major highway project by the transportation projects commission under this subsection without specific authorization under
sub. (3).
84.013(9)
(9) If the department determines that a business development having a payroll exceeding $10,000,000 in a calendar year is being located within a 3-mile radius of the intersection of I 90 and Town Line Road in Rock County, the department shall construct an interchange funded from the appropriations under
s. 20.395 (3) (cq) to
(cx) off of I 90 to Town Line Road.
84.014
84.014
Southeast Wisconsin freeway rehabilitation; Marquette interchange reconstruction project.
