Trans 233.015(7)(7) “Structure” includes a temporary or non-permanent addition to or betterment of real property that is portable in nature, but that adversely affects the safety of entrance upon or departure from state trunk or connecting highways or the preservation of public interest and investment in those highways, as determined by the department. “Structure” does not include portable swing sets, movable lawn sheds without pads or footings, and above ground swimming pools without decks.

Trans 233.015(7m)(7m) “Technical land division” means a land division involving a structure or improvement that has been situated on the real property for at least 5 years, does not result in any change to the use of existing structures and improvements and does not negatively affect traffic. “Technical land division” includes the conversion of an apartment building that has been in existence for at least 5 years to condominium ownership, the conversion of leased commercial spaces in a shopping mall that has been in existence for at least 5 years to owned spaces, and the exchange of deeds by adjacent owners to resolve mutual encroachments.

Trans 233.015(8)(8) “Unplatted” means not legally described by a plat, land division map, certified survey map or condominium plat.

Trans 233.015(8m)(8m) “User” means a person entitled to use a majority of the property to the exclusion of others.

Trans 233.015(9)(9) “Utility facility” means any pipe, pipeline, duct, wire line, conduit, pole, tower, equipment or other structure used for transmission or distribution of electrical power or light or for the transmission, distribution or delivery of heat, water, gas, sewer, telegraph or telecommunication service, cable television service or broadcast service, as defined in s. 196.01 (1m), Stats.

Trans 233.015 HistoryHistory: Cr. Register, January, 1999, No. 517, eff. 2-1-99; cr. (1m), (1r), (2m), (5m), (6m), (6r), (7m) and (8m), Register, January, 2001, No. 541, eff. 2-1-01.

Trans 233.017Trans 233.017 Other abuttals. For purposes of this chapter, land shall be considered to abut a state trunk highway or connecting highway if the land is any of the following:

Trans 233.017(1)(1) Land that contains any portion of a highway that is laid out or dedicated as part of a land division if the highway intersects with a state trunk highway or connecting highway.

Trans 233.017(2)(2) Separated from a state trunk highway or connecting highway by only unplatted lands that abut a state trunk highway or connecting highway if the unplatted lands are owned by, leased to or under option, whether formal or informal, or under contract or lease to the owner.

Trans 233.017(3)(3) Separated from a state trunk highway or connecting highway by only a service road.

Trans 233.02Trans 233.02 Basic principles. To control the effects of land divisions on state trunk highways and connecting highways and to carry out the purposes of ch. 236, Stats., the department promulgates the following basic requirements:

Trans 233.02(1)(1) Local traffic from a land division or development abutting a state trunk highway or connecting highway shall be served by an internal highway system of adequate capacity, intersecting with state trunk highways or connecting highways at the least practicable number of points and in a manner that is safe, convenient and economical.

Trans 233.02(2)(2) A land division shall be so laid out that its individual lots or parcels do not require direct vehicular access to a state trunk highway or connecting highway.

Trans 233.02(3)(3) The department, in order to integrate and coordinate traffic on a highway or on a private road or driveway with traffic on any affected state trunk highway or connecting highway, shall do both of the following:

Trans 233.02(3)(a)(a) Consider, particularly in the absence of a local comprehensive general or master plan, or local land use plan, that plat or map’s relationship to the access requirements of adjacent and contiguous land divisions and unplatted lands.

Trans 233.02(3)(b)(b) Apply this chapter to all lands that are owned by, or are under option, whether formal or informal, or under contract or lease to the land divider and that are adjacent to or contiguous to the land division. Contiguous lands include those lands that abut the opposite side of the highway right-of-way.

Trans 233.02(4)(4) Setbacks from a state trunk highway or connecting highway shall be provided as specified in s. Trans 233.08.

Trans 233.02(5)(5) A land division map shall include provision for the handling of surface drainage in such a manner as specified in s. Trans 233.105 (3).

Trans 233.02(6)(6) A land division map shall include provisions for the mitigation of noise if the noise level exceeds noise standards in s. Trans 405.04, Table I.

Trans 233.02(7)(7) A land division shall provide vision corners at intersections and driveways per department standards.

Trans 233.02 NoteNote: Guide dimensions for vision corners are formally adopted in the Department’s Facilities Development Manual, Chapter 11, pursuant to s. 227.01 (13) (e), Stats. Rules governing construction of driveways and other connections with highways are found in ch. Trans 231. Detailed specifications may be obtained at the department’s district offices.

Trans 233.02 HistoryHistory: Cr. Register, January, 1999, No. 517, eff. 2-1-99; am. (intro.), Register, January, 2001, No. 541, eff. 2-1-01.

Trans 233.03Trans 233.03 Procedures for review. The following procedures apply to review by the department, district office or reviewing municipality of proposed certified survey maps, condominium plats and other land divisions:

Trans 233.03(1)(1) Conceptual review.

Trans 233.03(1)(a)(a) Before the lots are surveyed and staked out, the land divider shall submit a sketch to the department’s district office for review. The sketch shall indicate roughly the layout of lots and the approximate location of streets, and include other information required in this chapter.

Trans 233.03(1)(b)(b) Unless the land divider submits a preliminary plat under s. 236.12 (2) (a), Stats., the land divider shall have the district office review the sketch described in par. (a).

Trans 233.03(1)(c)(c) There is no penalty for failing to obtain conceptual review; the conceptual review procedure is encouraged to avoid waste that results from subsequent required changes.