86.16(2)(2) All poles used in the construction of such lines shall be set in such manner as not to interfere with the use of such highway by the public, nor with the use of the adjoining land by the owner thereof; and all pole lines shall hereafter be constructed so as to meet the requirements of the provisions of the state electrical code promulgated by the public service commission. 86.16(3)(3) No tree shall be cut, trimmed or the branches thereof cut or broken in the construction or maintenance of any such line without the consent of the owner of the tree. 86.16(4)(4) Any person erecting any telephone, telegraph, electric light or other pole or stringing any telephone, telegraph, electric light or other wire, or constructing any pipes or pipe lines in violation of the provisions of this section shall forfeit a sum not less than $10 nor more than $50. 86.16(5)(5) Any person, firm, or corporation whose written application for permission to construct such lines, pipes, or pipelines within the limits of a highway has been refused, or has been on file with the department or local authority for 20 days and no action has been taken thereon, may file with the department or local authority a notice of appeal to the division of hearings and appeals. The department or local authority shall thereupon return all of the papers and action of the department or local authority to the division of hearings and appeals, and the division of hearings and appeals shall hear and try and determine the appeal on 10 days’ notice to the department or local authority, and the applicant. The order entered by the division of hearings and appeals shall be final. 86.16(6)(6) If the department consents under sub. (1) to the construction of broadband infrastructure in unserved areas, as designated under s. 196.504 (2) (e), the department may not charge any fee for the initial issuance of any permit necessary to construct broadband infrastructure along, across, or within the limits of a highway. 86.16 Cross-referenceCross-reference: See also s. Trans 200.05, Wis. adm. code. 86.16 AnnotationPipelines to transport water under sub. (1) include wastewater as well as freshwater pipelines. Review of a town’s refusal to grant permission to a city to construct a sewer line was within the scope of DHA’s authority under sub. (5). Town of Barton v. Division of Hearings & Appeals, 2002 WI App 169, 256 Wis. 2d 628, 649 N.W.2d 293, 01-1209. 86.1786.17 Taking water from highway streams. 86.17(1)(1) The general public shall have the right to use and take water from any spring, creek or running water that may be found running in or across the limits of any public highway, provided that this section shall not interfere with the tunneling or piping of water for the purpose of draining or improving lands on either side of such highway. 86.17(2)(2) Any person who shall wantonly interfere with the free use of the water from any spring or in any creek or stream running across or in any highway shall be guilty of a misdemeanor and be liable to any person damaged thereby for all damages sustained. 86.1886.18 Milwaukee County highways; location, alteration, maintenance. 86.18(1)(1) The county board of any county having a population of 250,000 or more may acquire, establish, lay out, relocate, widen, enlarge, extend, pave, repave, improve and maintain county trunk highways therein, and when requested by resolution adopted by the governing body of any municipality situated therein, any other highway located in such municipality; to construct and lay water pipes, sewers, curbs, gutters and all other public facilities in such highways; to make assessments of benefits and damages, levy assessments, and issue assessment certificates and bonds in the making of and paying for said improvement to the same extent as is given to cities on the same subject matter. 86.18(2)(2) In acquiring property for any purpose covered by sub. (1) the county board shall proceed under ch. 32, except that the board shall determine the necessity of the taking, and the county highway commissioner shall perform all the duties of the commissioners in making awards and appraisals under s. 32.05. 86.18(3)(3) Any party to the condemnation proceedings may appeal from the award of the county highway commissioner in the manner provided for appeals from awards of commissioners in ch. 32 and such appeal shall be heard and delivered as are appeals in ch. 32. 86.18(4)(4) The county highway commissioner shall have all the powers now given to the city board of public works in making assessments of benefits and damages in highway improvements, and the same proceedings shall be had and taken after the highway commissioner’s report is filed with the county clerk as by s. 66.0703 is had and taken in the report of such board of public works in city assessments. Notices of both the preliminary and final reports shall be published as a class 2 notice, under ch. 985, in the official county paper, and the date of hearing in each case shall not be earlier than 5 days after the last insertion. Appeals from the final determination of the highway commissioner may be had, and shall thereafter be heard as provided in s. 66.0703 (12) and such remedy shall be exclusive. 86.18586.185 Populous counties; power over county trunk highways. Counties having a population of at least 150,000 may exercise any corresponding power over county trunk highways that is conferred upon cities in the widening or improving and maintaining of state trunk or county trunk highways, the constructing or laying of water pipes, sewers and all other public service facilities therein, and in the levying of special assessments and issuing of assessment certificates and special improvement bonds. 86.185 HistoryHistory: 1989 a. 31. 86.1986.19 Highway signs, regulation, prohibition. 86.19(1)(1) Except as provided in sub. (1m), (1n), (1o), or (1p) or s. 84.01 (30) (g), no sign shall be placed within the limits of any street or highway except such as are necessary for the guidance or warning of traffic or as provided by ss. 60.23 (17m) and 66.0429. The authorities charged with the maintenance of streets or highways shall cause the removal therefrom and the disposal of all other signs. 86.19(1g)(am)1.1. Subject to subd. 2., the department shall erect and maintain 2 directional signs along eastbound and westbound I 94 and 4 directional signs along the exit ramps that correspond to the signs along the main roadway in Milwaukee County for the Basilica of St. Josaphat. 86.19(1g)(am)2.2. Upon receipt of sufficient contributions from interested parties, including any county, city, village, or town, to cover the costs of fabricating, erecting, and maintaining the signs specified in subd. 1., the department shall erect and maintain the signs. No state funds, other than from the receipt of contributions under this subdivision, may be expended for the fabrication, erection, or maintenance of the signs. 86.19(1g)(bm)1.1. Subject to subd. 2., the department shall erect and maintain 2 directional signs along eastbound and westbound I 90/94 and 2 directional signs along the exit ramps that correspond to the signs along the main roadway for the Wisconsin Basketball Coaches Association Hall of Fame in Columbia County. 86.19(1g)(bm)2.2. Upon receipt of sufficient contributions from interested parties, including any county, city, village, or town, to cover the costs of fabricating, erecting, and maintaining the signs specified in subd. 1., the department shall erect and maintain the signs. No state funds, other than from the receipt of contributions under this subdivision, may be expended for the fabrication, erection, or maintenance of the signs. 86.19(1g)(c)1.1. Subject to subd. 2., the department shall erect and maintain all of the following directional signs for the Iola Car Show: 86.19(1g)(c)1.a.a. Two signs along eastbound and westbound USH 10 at the intersection with STH 49 at Fulton Street in the city of Waupaca. 86.19(1g)(c)1.b.b. Two signs along eastbound and westbound USH 10 at the intersection with STH 161 in Portage County. 86.19(1g)(c)1.c.c. Two signs along eastbound and westbound STH 29 at the intersection with STH 49 in Marathon County. 86.19(1g)(c)1.d.d. Two signs along northbound and southbound STH 22 at the intersection with STH 110 and STH 161 in Waupaca County. 86.19(1g)(c)1.e.e. One sign along southbound STH 49 at the intersection with STH 66 in Portage County. 86.19(1g)(c)2.2. Upon receipt of sufficient contributions from interested parties, including any county, city, village, or town, to cover the costs of fabricating, erecting, and maintaining the signs specified in subd. 1., the department shall erect and maintain the signs. No state funds, other than from the receipt of contributions under this subdivision, may be expended for the fabrication, erection, or maintenance of the signs. 86.19(1g)(d)1.1. Subject to subd. 2., the department shall erect and maintain 2 directional signs along eastbound and westbound STH 54 for the Bergstrom Waterfowl Complex in the town of Bovina in Outagamie County. 86.19(1g)(d)2.2. Upon receipt of sufficient contributions from interested parties, including any county, city, village, or town, to cover the costs of fabricating, erecting, and maintaining the signs specified in subd. 1., the department shall erect and maintain the signs. No state funds, other than from the receipt of contributions under this subdivision, may be expended for the fabrication, erection, or maintenance of the signs. 86.19(1g)(e)1.1. Subject to subd. 2., the department shall erect and maintain all of the following directional signs for Soldiers Walk Memorial Park: 86.19(1g)(e)1.a.a. Two signs along eastbound and westbound I 94 at the STH 95 interchange and 2 signs along the exit ramps that correspond to the signs along the main roadway in Jackson County. 86.19(1g)(e)1.b.b. One sign along northbound STH 93 at the intersection with STH 95 in Trempealeau County. 86.19(1g)(e)1.c.c. One sign along westbound STH 95 at the intersection with STH 93 in Trempealeau County. 86.19(1g)(e)2.2. No later than 6 months following receipt of sufficient contributions from interested parties, including any county, city, village, or town, to cover the costs of fabricating, erecting, and maintaining the signs specified in subd. 1., the department shall erect and maintain the signs. No state funds, other than from the receipt of contributions under this subdivision, may be expended for the fabrication, erection, or maintenance of the signs. 86.19(1g)(f)(f) The department shall erect and maintain 2 directional signs along eastbound and westbound I 94 at the Somers Road interchange in Kenosha County for Shoreland Lutheran High School. 86.19(1g)(g)1.1. Subject to subd. 2., the department shall erect and maintain 2 signs displaying the words “Town of Lawrence” along northbound and southbound I 41 at the north and south jurisdictional boundaries of the town of Lawrence in Brown County. 86.19(1g)(g)2.2. Upon receipt of sufficient contributions from interested parties, including any county, city, village, or town, to cover the costs of fabricating, erecting, and maintaining the signs specified in subd. 1., the department shall erect and maintain the signs. No state funds, other than from the receipt of contributions under this subdivision, may be expended for the fabrication, erection, or maintenance of the signs. 86.19(1g)(h)(h) The department shall erect and maintain directional signs along I 41, USH 45, and STH 28 for the Wisconsin 9/11 Memorial and Education Center in the village of Kewaskum in Washington County, a facility serving to honor those who perished and as a space of reflection for the state of Wisconsin. 86.19(1m)(1m) Notwithstanding sub. (1), the department shall place 100 signs near highways and in waysides that display a slogan or logo, or both, developed by the department of agriculture, trade and consumer protection to promote Wisconsin agricultural products. The signs shall be placed in prominent locations where they are likely to be seen by tourists from other states, except that no sign may be placed in violation of federal law. 86.19(1n)(1n) Notwithstanding sub. (1), a municipality may erect and maintain within the right-of-way of any highway within the boundaries of the municipality a municipal welcome sign, as defined in s. 84.30 (2) (hm). No sign under this subsection may be placed within the right-of-way of a highway designated as part of the national system of interstate and defense highways. A sign placed under this subsection is not a traffic control device and is not subject to the provisions of the Wisconsin manual on traffic control devices adopted by the department under s. 84.02 (4) (e). 86.19(1o)(1o) Notwithstanding sub. (1), the governing body of the Oneida Nation of Wisconsin may erect and maintain within the right-of-way of any highway within the boundaries of the Oneida Reservation signs denoting that the Oneida Reservation is a Purple Heart Reservation. No sign under this subsection may be placed within the right-of-way of a highway designated as part of the national system of interstate and defense highways, unless the placement is allowed or approved by the federal government or Federal Highway Administration. A sign placed under this subsection is not a traffic control device and is not subject to the provisions of the Wisconsin manual on traffic control devices adopted by the department under s. 84.02 (4) (e). 86.19(1p)(a)(a) In this subsection, “tribal nation welcome sign” means an official sign erected and maintained by a federally recognized American Indian tribe or band in this state that the tribe or band determines is necessary to inform motorists of the territorial boundaries of the Indian reservation or other land held in trust for the tribe or band. 86.19(1p)(b)(b) A federally recognized American Indian tribe or band in this state may erect and maintain within the right-of-way of any highway within the boundaries of an Indian reservation or other land held in trust for the tribe or band a tribal nation welcome sign. No sign under this subsection may be placed within the right-of-way of a highway designated as part of the national system of interstate and defense highways. A sign placed under this subsection is not a traffic control device and is not subject to the provisions of the Wisconsin manual on traffic control devices adopted by the department under s. 84.02 (4) (e). 86.19(1r)(1r) The department shall maintain the directional sign existing on October 29, 1999, that is located along I 43 for America’s Black Holocaust Museum in Milwaukee County. The department may not charge any fee related to the sign maintained under this subsection. 86.19(1u)(1u) Notwithstanding sub. (1), the department may erect and maintain directional signs along any highway along the route described in s. 84.10255 (1) to aid navigation to the locations described in s. 84.10255 (2) (b) to (e). 86.19(2)(2) The department shall prescribe regulations with respect to the erection of signs on public highways. Such regulations shall have the full force of law. No advertising sign shall use prominently any words, or combination of words, commonly used for the guidance or warning of travel, nor shall any advertising sign be erected or be permitted to remain in any place or manner so as to endanger travel on the highways, either by reason of causing an obstruction to the view or otherwise. 86.19(3)(3) Any person who shall erect any sign on any public highway, or elsewhere in violation of any of the provisions of this section or the regulations of the department, or without the written consent of the department if the sign is to be erected on a state trunk highway, the county highway committee in the case of a county trunk highway, or the city council, village or town board in case of a street or highway maintained by a city, village or town, shall be fined not less than $10 nor more than $100, and for a second or subsequent violation shall be fined not less than $10 nor more than $500. 86.19(4)(4) This section shall not be construed as prohibiting the erection of such historical monuments or markers within the limits of public streets and highways as shall be approved by the department. The name of a newspaper on a newspaper tube or receptacle shall not be deemed a sign within the meaning of this section. 86.19(5)(5) The department shall assign to each county and local authority responsible for the placement and maintenance of signs, guide boards, mile posts, signals or markers erected for the warning, instruction or information of the public a code number which the county or local authority shall place on each warning, instruction or information device at the time of replacement or new installation of such device. 86.19(6)(6) At the request of any city, village or town, the department shall erect directional signs on state trunk highways at the intersection of those highways with streets or other highways where the streets or other highways lead to the city, village or town, provided the city, village or town is located within 5 miles of the intersection and provided the city, village or town agrees to pay for the installation and maintenance of the sign. The directional sign shall show the name of the city, village or town. For the purpose of this subsection, the term “intersection” includes exit ramps from any expressway or freeway or interstate highway. 86.19 Cross-referenceCross-reference: See also chs. Trans 200 and 201, Wis. adm. code. 86.19186.191 Advertising in highways prohibited, where. 86.191(1)(1) No person shall erect, or cause to be erected, any advertising, direction, guide, warning or other sign or marker within any public highway within a distance of 1,000 feet from the intersection of any 2 or more highways, when such intersection is beyond the corporate limits of any city or villages, unless permission is first obtained from the officials charged with the maintenance of such highways. The name of a newspaper on a newspaper tube or receptacle shall not be deemed to be any advertising, direction, guide, warning or other sign or marker within the meaning of this section. 86.191(2)(2) In case any person shall violate the provisions of this section, the authorities in charge of the maintenance of the highway upon which such violation occurs shall promptly remove such advertising, direction, guide, warning or other sign or marker. 86.191(3)(3) If any signs at present exist in the public right-of-way on any highway within 1,000 feet of the intersection of any 2 or more highways or streets beyond the limits of any incorporated city or village which are, in the opinion of the officials in charge of the maintenance of such highway, a menace to the safety of the public traveling along such highways, said officials shall notify the owners of such signs to remove the same, or to remove the danger producing features, and in case the owners do not do so, or in case the owners cannot be found with reasonable effort, the authorities in charge of said highway shall remove said signs from within the right-of-way. 86.191(4)(4) The triangles bounded by any 2 adjacent intersecting highways and a line drawn between the points on the center lines of said highways 1,000 feet from the intersection of their center lines, are declared prohibited ground for the erection of any danger producing advertising signs, when such intersection is beyond the corporate limits of any city or village. No advertising sign, design or insignia shall hereafter be erected within said triangles which will endanger the safety of the public traveling along any highways, and if there now exist in any such triangle any advertising signs, designs, or insignia endangering the safety of the public traveling along such highways, the authorities in charge of the maintenance of such highways shall take up the matter with the owner of the sign and with the owner of the land, and shall cause the same to be removed, or to be so altered as to remove the danger producing features. Within the same triangles the authorities in charge of maintaining any road shall require the property owner to minimize the obstruction to the view across the triangle insofar as is possible, and shall make such arrangements with the property owner as will make travel on the intersecting highways as safe as is reasonably possible. 86.191(5)(5) Any person who violates sub. (1), (3), or (4) shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than $25 nor more than $100 for each offense, or by imprisonment in the county jail for a period not exceeding 30 days, or by both such fine and imprisonment in the discretion of the court. 86.191(6)(a)(a) In this subsection, “business entity” has the meaning given in s. 13.62 (5), but does not include any real estate broker or salesperson licensed under ch. 452 or any other individual selling real estate or personal property owned by the individual. 86.191(6)(b)(b) Subject to subs. (1) and (4) and s. 86.19, and except as provided in par. (d), no business entity may place, or cause to be placed, within a highway right-of-way any sign that advertises or promotes a business identified on the sign or a business whose telephone number or Internet website address appears on the sign. 86.191(6)(c)(c) If a sign described in par. (b) has been placed within a highway right-of-way and the business identified on the sign or whose telephone number or Internet website address appears on the sign had the sign made, there is a rebuttable presumption that this business caused the sign to be placed in violation of par. (b). 86.191(6)(d)(d) This subsection does not apply to any of the following: 86.191(6)(d)1.1. Any sign placed with the permission of an official charged with the maintenance of the highway. 86.191(6)(d)3.3. The name of a newspaper on a newspaper tube or receptacle. 86.191(6)(d)4.4. Any sign advertising a yard sale, garage sale, rummage sale, or similar event. 86.191(6)(d)5.5. Any sign advertising an event associated with a church or school. 86.191(6)(e)(e) Any business entity violating this subsection is subject to a forfeiture of not more than $50 for each offense. Each sign placed in violation of par. (b) constitutes a separate offense. 86.191 Cross-referenceCross-reference: See also ss. Trans 200.02 and 200.04, Wis. adm. code. 86.19286.192 Penalty for injuring guide board, markers, etc. 86.192(1)(1) No person may injure, deface or remove any sign, guide board, mile post, signal or marker erected by the state or by any municipality thereof for the warning, instruction or information of the public. The following warning shall be affixed to the front of each such sign, guide board, mile post, signal or marker: “WARNING: $25 to $100 fine or imprisonment for removing or tampering with this sign.” 86.192(1m)(1m) No person may possess any sign, guide board, mile post, signal or marker of the type erected by the state or by any municipality for the warning, instruction or information of the public, unless the person can demonstrate that he or she obtained it in a legal manner. Possession of such a sign, guide board, mile post, signal or marker creates a rebuttable presumption of illegal possession. In this subsection, “possession” means the presence of such a sign, guide board, mile post, signal or marker on premises owned or controlled by the person, including but not limited to a rented apartment, rented room or dormitory room. Persons who voluntarily notify a law enforcement agency of the presence on their premises of such a sign, guide board, mile post, signal or marker shall be exempt from prosecution under this subsection. 86.192(2)(2) Any person who violates this section shall be fined $25 for the first violation, $100 for a subsequent violation, or imprisoned not exceeding 30 days for the first violation, or 60 days for a subsequent violation, or both fined and imprisoned in the discretion of the court. The court may, in addition, order any such person either to restore or replace any such damaged sign, mile post, signal or marker, or to pay the cost thereof. 86.192(3)(3) On conviction of any person of a violation of this section, the person or persons who informed against and aided in the prosecution of such offense to conviction shall be paid by the court one-half of the amount of the fine paid into the court.
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