348.27(19)(b)5.a.a. The governing body of a municipality or county may, by resolution or ordinance, authorize operation on any or all highways under the municipality's or county's jurisdiction of implements of husbandry and agricultural commercial motor vehicles that exceed limitations on length or weight, or both, imposed by this chapter. The governing body of a municipality or county may also, by resolution or ordinance, authorize operation on any or all highways under the municipality's or county's jurisdiction of 2-vehicle combinations transporting by trailer or semitrailer an implement of husbandry or agricultural commercial motor vehicle that exceeds limitations on length or weight, or both, imposed by this chapter and that is being transported to or from a farm-related destination. If the governing body of a municipality or county adopts a resolution or ordinance under this
subd. 5. a., the resolution or ordinance shall be valid for at least one calendar year. For a resolution or ordinance under this
subd. 5. a. to be effective in any calendar year, the resolution or ordinance must be adopted on or before November 30 of the prior year. No amendment to a resolution or ordinance is effective in a calendar year unless the amendment was adopted on or before November 30 of the prior year.
348.27(19)(b)5.b.
b. If the governing body of a municipality or county adopts a resolution or ordinance under
subd. 5. a., then
subd. 3. and
par. (c) 3. do not apply, no permit application is required, and the resolution or ordinance shall serve as the permit under this subsection. The governing body of the municipality or county shall make copies of the resolution or ordinance readily available to the public at multiple locations within the municipality or county.
348.27(19)(b)5.c.
c. If the governing body of a municipality or county adopts a resolution or ordinance under
subd. 5. a. that applies to fewer than all of the highways under the municipality's or county's jurisdiction or that authorizes operation or transportation of implements of husbandry and agricultural commercial motor vehicles but imposes conditions, restrictions, or limitations on this operation or transportation, then a person may apply for a permit under
subd. 1. for operation or transportation of an implement of husbandry or agricultural commercial motor vehicle on any highway or under any circumstance not authorized by the resolution or ordinance.
348.27(19)(b)5.d.
d. No later than January 20 of the year after it adopts or amends a resolution or ordinance under this subdivision, each municipality or county that adopts a resolution or ordinance under this subdivision shall forward to the department a copy of the resolution or ordinance, and the department shall publish the resolution or ordinance on the department's Internet site.
348.27(19)(c)1.1. With respect to any highway under its jurisdiction, and as provided in
subd. 8. and
par. (b) 4m. b., a maintaining authority may issue an annual or consecutive month, no-fee permit authorizing operation on the highway of an implement of husbandry or agricultural commercial motor vehicle that exceeds limitations on length or weight, or both, imposed by this chapter if the applicable requirements of this subsection are satisfied.
348.27(19)(c)1m.
1m. With respect to any highway under its jurisdiction, and as provided in
subd. 9. and
par. (b) 4m. b., a maintaining authority may issue an annual or consecutive month, no-fee permit authorizing operation on the highway of a 2-vehicle combination transporting by trailer or semitrailer an implement of husbandry or agricultural commercial motor vehicle that exceeds limitations on length or weight, or both, imposed by this chapter and that is being transported to or from a farm-related destination, if the applicable requirements of this subsection are satisfied.
348.27(19)(c)2.
2. A no-fee permit issued under this subsection does not exempt any implement of husbandry or agricultural commercial motor vehicle from complying with all equipment and other requirements for an implement of husbandry or agricultural commercial motor vehicle specified in
ch. 347.
348.27(19)(c)3.
3. Except as provided in
par. (b) 5. b., an application for a no-fee permit under this subsection shall be accompanied by a listing or map of the highways that may potentially be traveled under authorization of the permit.
348.27(19)(c)4.
4. A no-fee permit issued under
subd. 1. or
1m. is not valid on any highway that is a part of the national system of interstate and defense highways.
348.27(19)(c)5.
5. No fee may be charged for issuance or amendment of a permit under this subsection, or for any study, investigation, or other review in connection with an application for a permit or amendment of a permit under this subsection.
348.27(19)(c)6.
6. A maintaining authority under
par. (a) 2. may issue permits under this subsection having a valid period that is longer than one year or for which there is no expiration.
348.27(19)(c)7.
7. Permits issued under this subsection by a maintaining authority under
par. (a) 1., including amended permits for which an application has been approved under
par. (b) 2., shall automatically renew each year unless there is a material change to any roadway for which the permit applies.
348.27(19)(c)8.
8. In addition to the authorization under
subd. 1., a no-fee permit issued under this subsection authorizes an implement of husbandry or agricultural commercial motor vehicle being operated in compliance with the permit to cross any highway that intersects with a highway under the jurisdiction of the maintaining authority that issued the permit. This subdivision does not apply to a bridge crossing over a state trunk highway.
348.27(19)(c)9.
9. In addition to the authorization under
subd. 1m., a no-fee permit issued under this subsection authorizes a 2-vehicle combination transporting an implement of husbandry or agricultural commercial motor vehicle in compliance with the permit to cross any highway that intersects with a highway under the jurisdiction of the maintaining authority that issued the permit. This subdivision does not apply to a bridge crossing over a state trunk highway.
348.27(19)(c)10.
10. If an implement of husbandry or agricultural commercial motor vehicle for which a permit has been issued under this subsection is removed from service or sold, the permit authorizes the permittee to operate or transport a replacement vehicle of equal or lesser axle weight and gross weight, or of equal or lesser length, for the remainder of the valid period of the permit. The original terms of the permit, including any requirements imposed by the maintaining authority for issuance of the permit, apply to the permittee's operation or transportation of the replacement vehicle under the permit. If the replacement vehicle is of greater axle weight or gross weight, or of greater length, than that for which the permit was issued, the replacement vehicle may not be operated or transported under the permit and application must be made under
par. (b) 1. and a new no-fee permit issued for the replacement vehicle before its operation or transportation is authorized.
348.27(19)(c)11.
11. If an application for a no-fee permit identifies multiple identical implements of husbandry or agricultural commercial motor vehicles to be operated on the same highways, as provided in
par. (d) 1m., the maintaining authority shall issue a no-fee permit that identifies, and authorizes operation of, each implement of husbandry or agricultural commercial motor vehicle identified in the application. The permittee may make copies of the no-fee permit and, for purposes of
s. 348.28, carry a copy of the permit, in lieu of the original, on any implement of husbandry or agricultural commercial motor vehicle identified in the no-fee permit.
348.27(19)(cm)
(cm) If a no-fee permit is issued under this subsection authorizing a 2-vehicle combination to transport by trailer or semitrailer an implement of husbandry, the permit shall require the person transporting the implement of husbandry to comply with
s. 347.24 (3) (b) 1. For purposes of this paragraph, the requirements under
s. 347.24 (3) (b) 1. shall apply to an implement of husbandry being transported to the same extent as if the implement of husbandry were being operated.
348.27(19)(cr)
(cr) If a no-fee permit is issued under this subsection authorizing a 2-vehicle combination to transport by trailer or semitrailer an agricultural commercial motor vehicle exceeding 8 feet 6 inches in total outside width, the permit shall require the person transporting the agricultural commercial motor vehicle to comply with
s. 348.09 (3) (b).
348.27(19)(d)1.1. The department shall prescribe an application form for no-fee permits, and amendments to no-fee permits, under this subsection. Except with respect to permits under
par. (b) 5. b., this form shall be used by each maintaining authority. Subject to
subd. 1m., the application form shall require the applicant to provide, on the form or as an attachment, all of the following information:
348.27(19)(d)1.b.
b. A listing or map of the highways that may potentially be traveled under authorization of the permit.
348.27(19)(d)1.c.
c. Identification of the types of implements of husbandry or agricultural commercial motor vehicles for which the application is made; the length, number of axles, make, model, and estimated weight of the implements of husbandry or agricultural commercial motor vehicles; and the time of year and frequency that these implements of husbandry or agricultural commercial motor vehicles are expected to be operated on the highway.
348.27(19)(d)1.cm.
cm. If the application is for operation of a 2-vehicle combination transporting by trailer or semitrailer an implement of husbandry or agricultural commercial motor vehicle, a description of the power unit and trailer or semitrailer of the 2-vehicle combination, including make, model, estimated vehicle weight, and vehicle registration number, if applicable.
348.27(19)(d)1.d.
d. Changes to the original application when requesting an amendment to a previously issued no-fee permit.
348.27(19)(d)1.e.
e. Any other information considered necessary by the department to determine the acceptability of the application.
348.27(19)(d)1m.
1m. The application form under
subd. 1. for a no-fee permit shall provide the applicant an opportunity to identify, in one application, multiple identical vehicles or vehicle combinations constituting implements of husbandry or agricultural commercial motor vehicles for which application is made if each such implement of husbandry or agricultural motor vehicle will be operated on the same highways identified by the applicant under
par. (c) 3.
348.27(19)(d)2.
2. The department shall prescribe a procedure for the submission of applications to the maintaining authority under
par. (b) 1. and
2. The procedure shall allow an application to be submitted by mail, including certified mail, by electronic transmission, or in person, and shall include a method for accurately documenting the date of receipt of the application regardless of which delivery method is used.
348.27(19)(d)3.a.a. Except as provided in
subd. 3. b.,
c.,
d., and
e., a maintaining authority shall keep confidential all information provided by an applicant for a permit under this subsection and this information is not open to public inspection, copying, or disclosure under
s. 19.35.
348.27(19)(d)3.b.
b. A maintaining authority described in
par. (a) 2. shall disclose to the department, upon its request, information provided by an applicant for a permit under this subsection, but the department shall keep the information confidential, and this information is not open to public inspection, copying, or disclosure under
s. 19.35.
348.27(19)(d)3.c.
c. A maintaining authority shall, upon request, disclose to a law enforcement agency, for use only for law enforcement purposes, information provided by an applicant for a permit under this subsection.
348.27(19)(d)3.d.
d. This subdivision does not prohibit a maintaining authority from disclosing on a permit under this subsection the information necessary to carry out the purpose of the permit.
348.27(19)(d)3.e.
e. This subdivision does not prohibit a maintaining authority from disclosing information to the permit applicant or the applicant's agent or from disclosing, in any court proceeding, information necessary for judicial review of the maintaining authority's decision.
348.27(19)(d)4.
4. In making its initial determination on an application for a no-fee permit under this subsection, a municipality is not subject to the requirements under
subch. V of ch. 19.
348.27(19)(e)1.1. In this paragraph, “
adverse determination" means the denial of an application for issuance or amendment of a no-fee permit under this subsection.
348.27(19)(e)2.
2. Notwithstanding
s. 348.25 (9), any person aggrieved by an adverse determination by a municipality or county may obtain review of the adverse determination in the manner provided in
ch. 68 or as provided under an ordinance or resolution adopted under
s. 68.16. However, review of the initial determination of the municipality or county, under
s. 68.09 or
68.10 or under the equivalent provision of an ordinance or resolution adopted by a municipality under
s. 68.16, shall be made by, respectively, the governing body of the municipality or the county highway committee of the county. Notwithstanding
ss. 19.83 (1) and
19.85 (1), any deliberation or proceeding, at a meeting of the governing body of a municipality or county or any of its committees, related to review of an adverse determination shall be conducted in closed session, with the permit applicant and any agent of the applicant present for any evidentiary hearing or argument. The municipality or county shall keep confidential all information provided by or on behalf of the permit applicant during the proceeding and this information is not open to public inspection, copying, or disclosure under
s. 19.35, except that this information may be included in the written decision provided to the permit applicant or applicant's agent and may be disclosed in any court proceeding for judicial review of the decision.
348.27(19)(e)3.
3. Any person aggrieved by an adverse determination by the department may petition as provided in
s. 348.25 (9).
348.27(19)(f)1.1. Except as provided in
subd. 2., this subsection does not apply after January 1, 2020, and any permit issued under this subsection or resolution or ordinance adopted under
par. (b) 5. a. on or before January 1, 2020, is void after January 1, 2020.
348.27(19)(f)2.
2. The confidentiality requirements under
par. (d) 3. continue to apply after January 1, 2020, to all application information provided on or before January 1, 2020.
348.27 History
History: 1973 c. 157,
316;
1973 c. 333 s.
190m;
1973 c. 336;
1975 c. 25,
285;
1977 c. 29 ss.
1488m,
1654 (8) (a);
1977 c. 30 s.
5;
1977 c. 191,
197,
272,
273,
418;
1979 c. 34,
315,
326;
1981 c. 20,
69,
163,
215,
391;
1983 a. 78 ss.
32 to
35,
37;
1983 a. 529;
1985 a. 29 s.
3202 (3);
1985 a. 202,
212;
1987 a. 27;
1989 a. 31,
35,
130,
305;
1991 a. 258;
1993 a. 62,
439;
1995 a. 113,
163,
227,
347,
348;
1997 a. 27,
35,
237;
1999 a. 85;
2001 a. 16;
2003 a. 210,
241;
2005 a. 119,
167,
250;
2007 a. 11,
16,
171;
2009 a. 28,
222,
229;
2011 a. 20,
32,
53,
55,
56,
58,
59,
117,
243;
2013 a. 20,
34,
48;
2013 a. 165 ss.
76,
114;
2013 a. 216,
377;
2015 a. 15,
55,
232,
360.
348.27 Cross-reference
Cross-reference: See also chs.
Trans 230 and
250, Wis. adm. code.
348.27 Annotation
That the department of transportation issues, denies, suspends, and revokes permits under this section, does not deny a sheriff deputy's authority to issue a citation for a violation of this section. County of Milwaukee v. Superior of Wisconsin,
2000 WI App 75,
234 Wis. 2d 218,
610 N.W.2d 484,
98-2851.
348.28
348.28
Permits to be carried. 348.28(1)(b)
(b) Permits issued under
s. 348.27 (19) that are required to be carried on the vehicle under
par. (a) may be carried and produced in either printed or electronic format, including by display of electronic images on a cellular telephone or other electronic device. If the permit is displayed in electronic format on any cellular telephone or other electronic device, a traffic officer or inspector under
s. 110.07 (3) may not view, and producing the permit in electronic format is not considered consent for the traffic officer or inspector to view, any content on the telephone or other device except the permit. This paragraph does not apply after January 1, 2020.
348.28(2)
(2) Any person violating this section may be required to forfeit not less than $10 nor more than $20 for the first offense and not less than $25 nor more than $50 for the 2nd and each subsequent conviction within one year.
348.29
348.29
Weight limitations for certain permits. Notwithstanding
s. 348.15 (3) (c), for any vehicle or vehicle combination operating under a permit issued under
s. 348.26 (8) or
348.27 (17), the gross weight imposed on the highway by any group of 6 or more consecutive axles of a vehicle or combination of vehicles may not exceed the maximum gross weights in the following table for each of the respective distances between axles and the respective numbers of axles of a group: [See Figure 348.29 following]
-
See PDF for table 
-
See PDF for table 348.29 History
History: 2011 a. 55.
348.295
348.295
Weight limitations for certain permits. Notwithstanding
s. 348.15 (3) (c), for any vehicle or vehicle combination operating under a permit issued under
s. 348.27 (18), the gross weight imposed on the highway by any group of 6 or more consecutive axles of a vehicle or combination of vehicles may not exceed the maximum gross weights in the following table for each of the respective distances between axles and the respective numbers of axles of a group: [See Figure 348.295 following]
-
See PDF for table -
See PDF for table 348.295 History
History: 2011 a. 56 s.
9;
2013 a. 165 s.
114.
