86.312(2)(b)2.
2. That the political subdivision will provide the local share required under sub.
(3).
86.312(3)
(3) Each political subdivision that receives a grant under this section shall provide a local contribution toward the costs of the project in an amount equal to at least 20 percent of the cost of the project.
86.312(4)(a)(a) Except as provided in this subsection, grants under this section may be paid from the appropriations under ss.
20.395 (2) (fb) and
(fz) and
20.866 (2) (uwz). Notwithstanding par.
(b), the department may pay from the appropriation under s.
20.866 (2) (uwz) that portion of a grant that is intended to be used to acquire rights-of-way or to plan, design or engineer a project.
86.312(4)(b)1.1. Except as provided in subds.
2. and
3., the portion of any grant awarded under this section for local road construction shall be paid from the appropriation under s.
20.395 (2) (fz).
86.312(4)(b)2.
2. Except as provided in subd.
3., if the portion of any grant awarded under this section for local road construction exceeds the amount of unencumbered funds under s.
20.395 (2) (fz), the department shall pay from the appropriation under s.
20.395 (2) (fb) the amount by which that portion exceeds the unencumbered funds available in the appropriations under s.
20.395 (2) (fz).
86.312(4)(b)3.
3. If the portion of any grant awarded under this section for local road construction exceeds the amount of unencumbered funds under s.
20.395 (2) (fb) and
(fz), the department shall pay from the appropriation under s.
20.866 (2) (uwz) the amount by which that portion exceeds the unencumbered funds available in the appropriations under s.
20.395 (2) (fb) and
(fz).
86.312(5)
(5) Costs incurred by a city, village, town or county for a project awarded under this section are not eligible for reimbursement under s.
86.31.
86.312(6)
(6) The sum of grants awarded under this section may not exceed $10,000,000.
86.312 History
History: 1999 a. 146;
2001 a. 109.
86.315
86.315
County forest road aids. 86.315(1)(1)
From the appropriation under s.
20.395 (1) (fu), the department shall annually, on March 10, pay to counties having county forests established under ch.
28, for the improvement of public roads within the county forests which are open and used for travel and which are not state or county trunk highways or town roads and for which no aids are paid under s.
86.30, the amount of $336 per mile of road designated in the comprehensive county forest land use plan as approved by the county board and the department of natural resources. If the amount appropriated under s.
20.395 (1) (fu) is insufficient to make the payments required under this subsection, the department shall prorate the amount appropriated in the manner it considers desirable.
86.315(2)
(2) The amounts allotted under this section shall be paid into the county forest road fund and shall be administered by the committee designated to administer the county forest program for the maintenance, brush control, snow plowing and rebuilding of the roads.
86.315(3)
(3) County forest roads must meet the minimum design standards under s.
82.50 (1) (a) 2. and
3. in order to qualify for aids under this section.
86.315(4)(a)(a) Except as provided in par.
(b), the committee designated to administer the county forest program shall, not later than September 15 of every odd-numbered year, file with the department and the county clerk a certified plat of the county forests showing the roads to be open and used for travel as of the succeeding January 1. The certified plat shall show the mileage of the roads for use by the department in making computations of road aids under this section.
86.315(4)(b)
(b) The committee designated to administer the county forest program need not file a certified plat under par.
(a) if the county has not added or deleted public road mileage within the county forests as specified in sub.
(1) since the committee last filed a certified plat under par.
(a).
86.315 Note
NOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
86.32
86.32
Connecting highways. 86.32(1)(1)
The department may designate, or rescind the designation of, certain marked routes of the state trunk highway system over the streets or highways in any municipality for which the municipality will be responsible for maintenance and traffic control and the maintenance and operation of any swing or lift bridge. Such maintenance, operation and traffic control of the connecting highways and swing and lift bridges shall be subject to review and approval by the department. Those marked routes of the state trunk highway system designated as connecting streets prior to July 1, 1977, shall become the connecting highways in municipalities which are eligible for aids payments under this section. The character of travel service provided by a route, uniformity of maintenance, the effect on the maintaining agency, and the municipality's maintenance capability will be considerations by the secretary, in cooperation with the municipalities and counties in making changes in the connecting highways of the state trunk highway system in municipalities. The decision of the secretary to designate or rescind a designation may be appealed to the division of hearings and appeals, which may affirm, reverse or modify the secretary's decision.
86.32(2)(a)(a) Cities, villages and towns shall be reimbursed for actual costs, as approved by the department, incurred in maintaining and operating lift bridges. Documentation of costs shall be submitted by each city, village and town by January 31 and reimbursement shall be made, starting in 1982-83, on the first Monday in July for costs incurred during the prior calendar year. If the amount appropriated under s.
20.395 (1) (ft) is insufficient to pay the actual costs approved by the department for the maintenance and operation of lift bridges, the department shall prorate the amount appropriated in the manner it deems desirable.
86.32(2)(am)
(am) Reimbursement for maintenance of connecting highways shall be determined using the following rates per lane mile:
86.32(2)(am)7.
7. For 1995,1996 and 1997, $10,468 per lane mile for municipalities having a population over 500,000; $9,696 per lane mile for municipalities having a population of 150,001 to 500,000; $8,641 per lane mile for municipalities having a population of 35,001 to 150,000; $7,612 per lane mile for municipalities having a population of 10,000 to 35,000; and $6,558 per lane mile for municipalities having a population under 10,000.
86.32(2)(am)8.
8. For 1998 and thereafter, $11,724 per lane mile for municipalities having a population over 500,000; $10,860 per lane mile for municipalities having a population of 150,001 to 500,000; $9,678 per lane mile for municipalities having a population of 35,001 to 150,000; $8,525 per lane mile for municipalities having a population of 10,000 to 35,000; and $7,345 per lane mile for municipalities having a population under 10,000.
86.32(2)(b)1.1. For the first 2 lanes of a highway, the applicable rate per lane mile shall be paid in full. For the 2nd 2 lanes of a highway, the payable rate per lane mile shall be 75 percent of the appropriate rate per lane mile prescribed in this section. For the 3rd 2 lanes, and any additional lanes, of highway, the payable rate per lane mile shall be 50 percent of the appropriate rate per lane mile prescribed in this section.
86.32(2)(b)2.
2. For the purpose of this section, the term “lane miles" means miles of through traffic carrying lanes and does not include lanes on which parking is permitted. Lane miles on any section of connecting highway which have been certified by the department for payment purposes under this section shall not be increased unless they are needed for through traffic and approved by the department. The “lane miles" as of January 1, 1977, are the certified lane miles.
86.32(2)(b)3.
3. The amount appropriated under s.
20.395 (1) (fq) shall be distributed according to the per lane mile rate established in this subsection.
86.32(2)(b)4.
4. Annual connecting highway aids shall be paid in 4 installments on the first Monday in July, October, January and April. Unless fiscal year adjustments are necessary, the July and October installments shall equal the January and April installments of the previous fiscal year. If fiscal year adjustments are necessary, the department shall make these fiscal year adjustments in the July installment. If a fiscal year adjustment is made in the July installment, the next subsequent October installment shall equal the average of the most recent January, April and July installments.
86.32(2)(b)5.
5. If the amount appropriated under s.
20.395 (1) (fq) is insufficient to make the payments for lane mile reimbursement under this subsection, the department shall prorate the amount appropriated in the manner it deems desirable.
86.32(4)
(4) Municipalities may arrange to participate in the cost of improvement projects on connecting highways. When a connecting highway is reconstructed the municipality shall be required to pay to the department the construction cost of that part of the connecting highway on which parking is to be permitted. However, if lanes on which parking is permitted are required for through traffic and parking is no longer allowed, the department shall reimburse the municipality for the remaining life of those lanes based on a pavement life of 25 years and the original municipal cost for the lanes.
86.33
86.33
Population estimates. Population determination for the purpose of calculating aids under ss.
86.30 and
86.32 shall be based on the final population estimates arrived at by the department of administration under s.
16.96 as of November 30 of the preceding year.
86.33 History
History: 1973 c. 333 s.
201w;
1977 c. 29.
86.34
86.34
Disaster damage aids. 86.34(1g)(a)
(a) “Catastrophic highway failure" means the sudden failure of a major element or segment of the highway system due to a cause that is external to a highway, but does not include any failure primarily attributable to gradual and progressive deterioration or lack of proper maintenance of a highway.
86.34(1g)(b)1.
1. A severe storm, flood, fire, tornado, mudslide, or other natural event external to a highway or a catastrophic highway failure.
86.34(1g)(b)2.
2. An event or recurring damage caused by any governmental unit or person acting under the direction or approval of, or permit issued by, any governmental unit and in response to an event described in subd.
1. 86.34(1g)(c)
(c) “Governmental unit" means the state or any state agency, as defined in s.
20.001 (1); any county, city, village, town, or other political subdivision of the state; or the federal government or any of its agencies.
86.34(1g)(d)
(d) “Highway" means a highway, as defined in s.
340.01 (22), that is not on the state trunk highway system.
86.34(1m)(a)(a) When any highway is damaged by a disaster, the county highway committee, or the governing body of the municipality having jurisdiction over the maintenance of the highway, may adopt a petition for aid under this section and file a certified copy of the petition with the department. To be eligible for aid the petition shall be filed not later than 2 months after the occurrence of the disaster damage, except as provided in par.
(b). All such petitions shall state the dates on which the disaster damage occurred and as nearly as practical state the location, nature, and extent of the damage.
86.34(1m)(b)
(b) The department may extend the filing deadline under par.
(a) if it appears reasonably likely that federal disaster aid may be forthcoming or when widespread or continuous disaster damage makes an evaluation of damage difficult.
86.34(1m)(c)
(c) A county or municipality having jurisdiction over the facilities damaged may apply for both state and federal aid for damage to the facilities pending a determination of eligibility. If federal aid is granted for damage to a particular facility, the federal aid shall be in lieu of aid otherwise available for such damage under this section.
86.34(2)
(2) The department shall make such investigation as it deems necessary and within 6 months from the date of filing the petition shall make its determination as to the granting of aid, the amount thereof, and the conditions under which it is granted. In making its determination the department shall cause an estimate to be made of the cost of repairing or replacing the facilities damaged or destroyed to standards and efficiency similar to those existing immediately before the damage or destruction, and also an estimate of the cost of reconstructing the facilities to a higher type or improving any such facilities if determined to be warranted and advisable. Except as provided in subs.
(2m) and
(6), the amount of aid payable for damage caused by a disaster described in sub.
(1g) (b) 1. shall be 75 percent of the cost of repair or replacement to standards similar to those existing immediately before the damage or destruction, plus 50 percent of the increased cost of the reconstruction to a higher type or the improvement of any of the facilities. Except as provided in subs.
(2m) and
(6), the amount of aid payable for damage caused by a disaster described in sub.
(1g) (b) 2. shall be 70 percent of the cost of repair or replacement to standards similar to those existing immediately before the damage or destruction. The department may revise estimates on the basis of additional facts. The county, town, village, or city shall pay the remainder of the cost not allowed as aid, but this shall not invalidate any other provision of the statutes whereby the cost may be shared by the county and the town, village, or city.
86.34(2m)
(2m) Subject to sub.
(6), if the department's estimate under sub.
(2) of the cost of repair or improvement of the facilities determined by the department to be eligible for aid is $15,000 or less, the department shall offer the petitioner an amount of aid equal to 75 percent of the total amount of the department's estimate for damage caused by a disaster described in sub.
(1g) (b) 1. or 70 percent of the total amount of the department's estimate for damage caused by a disaster described in sub.
(1g) (b) 2. If the petitioner accepts aid under this subsection, the aid shall be paid to the petitioner or, subject to sub.
(5), the county, and no other form of aid is available under this section for the repair or improvement of such facilities.
86.34(3)
(3) Aid allotted under sub.
(2) shall be held to the credit of the county, town, city or village for not more than 2 years or for such other period as the department may grant, and, except as otherwise provided in this section, shall be paid to the treasurer thereof upon presentation to and approval by the department of certified statements setting forth the cost of the construction, reconstruction, repair or improvement of the facilities determined by the department to be eligible for aid. The certified statement shall set forth separately the amount expended on each such facility. The aid to be paid shall be the summation of the amounts determined or revised under sub.
(2), as adjusted by the certified statements approved by the department. This subsection does not apply to aid awarded under sub.
(2m).
86.34(5)
(5) Any town, city or village may, and at the discretion of the department shall, arrange to have such work for which aid is granted performed by the county, and in such case, on order of the town, city or village, the aid from the state for such work shall be paid to the county.
86.34(6)
(6) The department may not pay aid under this section in excess of $1,000,000, in connection with disaster damage resulting from a single disaster, unless the payment of aid is approved by the governor.
86.34(7)
(7) Beginning in the 2nd fiscal year of the 2013-15 fiscal biennium, and in the 2nd fiscal year of each fiscal biennium thereafter, the department shall calculate the amount of aid paid under this section, during the biennium, in excess of $1,000,000, in connection with disaster damage resulting from a single disaster. The amount calculated under this subsection shall be transferred under s.
20.855 (4) (fr) from the general fund to the transportation fund in the 2nd fiscal year of each fiscal biennium.
86.50
86.50
Milwaukee County high-wide route. 86.50(1)(1)
Definitions. In this section:
86.50(1)(a)
(a) “Affected area" means the entire width of the right-of-way of the route described in sub.
(2) extended to a height of 23 feet above the roadway.
86.50(1)(b)
(b) “High-wide load" means a motor vehicle transporting property on any portion of the route described in sub.
(2) if the vehicle exceeds limitations on size imposed by ch.
348 and no portion of the motor vehicle or the transported property has a greater width than 28 feet or a greater height than 23 feet.
86.50(1)(c)
(c) “Political subdivision” means a city, village, town, or county.
86.50(2)
(2) Route. The following route through Milwaukee County is designated as the Milwaukee County high-wide route:
86.50(2)(a)
(a) Commencing at the northernmost intersection of South 70th Street and West Washington Street in the city of West Allis and proceeding south on South 70th Street.
86.50(2)(b)
(b) At the intersection of South 70th Street and West Greenfield Avenue, proceeding east on West Greenfield Avenue.
86.50(2)(c)
(c) At the intersection of South 60th Street and West Greenfield Avenue, proceeding south on South 60th Street.
86.50(2)(d)
(d) At the intersection of South 60th Street and West Beloit Road, proceeding west on West Beloit Road.
86.50(2)(e)
(e) At the intersection of South 76th Street and West Beloit Road, proceeding south on South 76th Street.
86.50(2)(f)
(f) At the intersection of South 76th Street and West Oklahoma Avenue, proceeding east on West Oklahoma Avenue.
86.50(2)(g)
(g) At the intersection of South 20th Street and West Oklahoma Avenue, proceeding south on South 20th Street.
86.50(2)(h)
(h) At the intersection of South 20th Street and West Howard Avenue, proceeding east on West Howard Avenue.
86.50(2)(i)
(i) At the intersection of South 13th Street and West Howard Avenue, proceeding south on South 13th Street.
86.50(2)(j)
(j) At the intersection of South 13th Street and West Waterford Avenue, proceeding east on West Waterford Avenue.
86.50(2)(k)
(k) At the intersection of South 6th Street and West Waterford Avenue, proceeding north on South 6th Street.
86.50(2)(L)
(L) At the intersection of South 6th Street and West Howard Avenue, proceeding east on West Howard Avenue.
86.50(2)(m)
(m) At the intersection of South Howell Avenue and West Howard Avenue, proceeding north on South Howell Avenue.
86.50(2)(n)
(n) At the intersection of South Howell Avenue and South Kinnickinnic Avenue, proceeding north on South Kinnickinnic Avenue.
86.50(2)(o)
(o) At the intersection of South Kinnickinnic Avenue and East Bay Street, proceeding east on East Bay Street.
86.50(2)(p)
(p) At the intersection of East Bay Street and the port of Milwaukee's private access road, proceeding east on the private access road.
86.50(2)(q)
(q) At the intersection of the port of Milwaukee's private access road and South Car Ferry Drive, proceeding north on South Car Ferry Drive.
86.50(2)(r)
(r) Ending at the northern terminus of South Car Ferry Drive.
86.50(3)
(3) Permitting. No person may install any structure within the affected area without a permit from a political subdivision in which any portion of the route described in sub.
(2) is located. A permit under this subsection shall require the permittee, upon request, to remove any obstruction to the use of the route described in sub.
(2) by a high-wide load within 5 days notice without cost to the user of the route for a high-wide load.
86.50(4)
(4) Prohibited actions. After December 2, 2017, no person may take any action that would make any portion of the affected area permanently unavailable for use by a high-wide load.
86.50(4m)(a)
(a) A person who intends to use the route described in sub.
(2) for a high-wide load shall, at least 8 days before the intended use, notify a political subdivision in which any portion of the route is located and all owners of conflicting obstructions to the use of the route by a high-wide load of this intent and the date on which the person intends to use the route.
86.50(4m)(b)
(b) The owner of a conflicting obstruction to the use of the route described in sub.
(2) by a high-wide load shall remove the obstruction before the date provided in the notice under par.
(a). No person may replace a conflicting obstruction removed under this paragraph until the use of the route for which the removal was required has been completed or the person who provided the notice under par.
(a) notifies the owner of the obstruction that the obstruction may be replaced.
86.50(5)(a)
(a) The city of Milwaukee shall consult with all political subdivisions in which any portion of the route described in sub.
(2) is located before designating a temporary route under sub.
(6).
86.50(5)(c)
(c) Political subdivisions in which any portion of the route described in sub.
(2) is located shall attempt to reach agreements among themselves and with persons using the route for high-wide loads regarding the allocation of costs and provision of services related to removing permanent structures that interfere with the use of any portion of the affected area by high-wide loads.
86.50(5)(d)
(d) Political subdivisions in which any portion of the route described in sub.
(2) is located shall attempt to reach agreements among themselves and with persons using the route for high-wide loads to timely provide traffic officer escorts for persons using the route for high-wide loads.
