82.31 AnnotationWhen a highway was established by user, the existence of ancient fences within two rods of either side of the center of the highway was sufficient to rebut the sub. (2) presumption that the highway was four rods in width. Threlfall v. Town of Muscoda, 190 Wis. 2d 121, 527 N.W.2d 367 (Ct. App. 1994).
82.31 AnnotationThe test under sub. (2) for whether a highway has been “worked” is whether the work demonstrates the public’s ownership of the road so that the public use of the road is not merely permissive. Continuous work on a road by a public entity is more likely to demonstrate ownership than sporadic work. County of Langlade v. Kaster, 202 Wis. 2d 448, 550 N.W.2d 722 (Ct. App. 1996), 95-2694.
82.31 AnnotationWhen documents indicate an intent to dedicate roadways to the public, in the absence of official acceptance by the municipality, prior acceptance by the general public users prevents revocation of the offer to dedicate. Nothing prevents the acceptance of the ongoing offer by a municipality. Upon formal acceptance the municipality becomes liable for maintenance and for damages that might result from defects. Cohn v. Town of Randall, 2001 WI App 176, 247 Wis. 2d 118, 633 N.W.2d 674, 00-2176.
82.31 AnnotationA street is presumed to be 66 feet wide unless rebutted, by a preponderance of the evidence, by those contending that the street is some other width. Village of Brown Deer v. Balisterri, 2013 WI App 137, 351 Wis. 2d 665, 841 N.W.2d 59, 13-0748.
82.31 AnnotationThe general definition of highway in s. 990.01 (12) governs and does not have any limitation restricting the definition to vehicular traffic. Case law has extended the definition of highway to include roads, streets, bridges, sidewalks, driveway aprons, and shoulders of the highway. Village of Brown Deer v. Balisterri, 2013 WI App 137, 351 Wis. 2d 665, 841 N.W.2d 59, 13-0748.
82.31 AnnotationDiscussing rights-of-way boundaries of nondedicated roads. 69 Atty. Gen. 87.
82.31 NoteNOTE: The above annotations cite to s. 80.01 (1) or (2), the predecessor statutes to this section.
82.3382.33Lost records; how restored; effect.
82.33(1)(1)Whenever the record of the laying out of any highway has been lost or destroyed, the board of the town in which the highway is located, upon notice being served in accordance with s. 82.10 (4), may make a new record of the highway. The notice shall state the time when and the place where the board will decide whether to make the new record. The notice shall contain a legal description of the highway for which the proposed record will be made and a scale map of the land that would be affected. Notice need not be given to persons who waive the notice or consent to the issuance of the order.
82.33(2)(2)At the time and place stated in the notice, the town board shall hold a public hearing regarding the proposed new record, and shall make a new record as it considers proper. If the board finds that the highway is a legal highway, the record of which has been lost or destroyed, the board shall issue a written order stating those facts and specifying the course, width, and other pertinent description of the highway. The order shall be filed with the town clerk and recorded in the office of the register of deeds for the county in which the highway is located. Any number of highways may be included in one notice or order under this section. A failure or refusal to make a new record for any highway does not preclude a subsequent proceeding for that purpose.
82.33(3)(3)Any person through whose land a highway described in an order filed under sub. (2) passes may appeal under s. 82.15 on the grounds that the highway described in the order was not a legal highway in fact. No person may call into question the regularity of proceedings under this section except owners of land on whom notice should have been served but in fact was not and persons claiming under those owners.
82.33 HistoryHistory: 1999 a. 97; 2003 a. 214 s. 98; Stats. 2003 s. 82.33.
82.33 NoteNOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
82.3582.35Temporary highways and detours; damages.
82.35(1)(1)The town board, upon its own motion, may lay out and open temporary highways through any lands in the following situations:
82.35(1)(a)(a) When any highway is practically impassable or dangerous to travel.
82.35(1)(b)(b) When the town board considers it necessary to suspend travel on a highway or on any part of a highway due to construction, repair, or other reasons.
82.35(2)(2)
82.35(2)(a)(a) The board may contract in writing with the owner or lessee of any land through which it proposes to lay out a temporary highway, as to the location of the highway, and the damages that the owner or lessee is to receive. The contract shall be filed with the town clerk.
82.35(2)(b)(b) In the absence of a contract under par. (a), the board shall determine the location of the temporary highway and the award of damages. Unless an emergency exists, the board shall serve the landowner with notice of the location of the highway and the award of damages and shall provide the landowner with 48 hours to object. The town board shall file a written order with the town clerk specifying the location of the temporary highway and the damages awarded.
82.35(2)(c)(c) The owner or occupant of any land occupied by a temporary highway may, at any time after it is opened and within 30 days after it is vacated or discontinued, apply to the town board to determine the owner’s or occupant’s damages.
82.35(3)(3)If a temporary highway is opened in connection with or on account of road or bridge construction, the damages agreed upon or awarded pursuant to this section may be treated as part of the construction cost and paid out of the construction funds.
82.35(4)(4)A temporary highway shall exist only so long as needed and shall be considered vacated and discontinued when the permanent highway is again opened for public travel.
82.35 HistoryHistory: 1991 a. 316; 2003 a. 214 ss. 124 to 127, 172; Stats. 2003 s. 82.35.
82.35 NoteNOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
82.3782.37Tunnel under highway by landowner. The owner of land on both sides of a town highway may construct a tunnel under the highway, and may erect fences that are necessary for the use of the tunnel. The tunnel shall not interfere with or endanger travel on the highway. The owner shall maintain the tunnel and shall be liable for all damages that occur as a result of the failure to keep the tunnel in repair. Unless authorized by a town meeting, the tunnel shall not be less than 25 feet in length. The electors of the town at an annual town meeting may authorize the construction of a tunnel that is less than 25 feet, but at least 16 feet in length.
82.37 HistoryHistory: 1989 a. 56, 359; 2003 a. 214 s. 138; Stats. 2003 s. 82.37.
82.37 NoteNOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
82.5082.50Town road standards.
82.50(1)(1)The following minimum geometric design standards are established for improvements on town roads:
82.50(1)(a)(a) Local service, intermittent traffic
82.50(1)(a)1.1. Right-of-way   3 rods
82.50(1)(a)2.2. Roadway width   20 feet
82.50(1)(a)3.3. Surface width   16 feet
82.50(1)(b)(b) Under 100 ADT
82.50(1)(b)1.1. Right-of-way   3 rods
82.50(1)(b)2.2. Roadway width   24 feet
82.50(1)(b)3.3. Surface width   18 feet
82.50(1)(b)4.4. Maximum grades   9 percent-11 percent
82.50(1)(c)(c) 100 to 250 ADT
82.50(1)(c)1.1. Right-of-way   4 rods
82.50(1)(c)2.2. Roadway width   26 feet
82.50(1)(c)3.3. Surface width   20 feet
82.50(1)(c)4.4. Maximum grades   8 percent-11 percent
82.50(1)(d)(d) 251 to 400 ADT
82.50(1)(d)1.1. Right-of-way   4 rods
82.50(1)(d)2.2. Roadway width   32 feet
82.50(1)(d)3.3. Surface width   22 feet
82.50(1)(d)4.4. Maximum grades   6 percent-8 percent
82.50(1)(d)5.5. Curvature   6°-12.5°
82.50(1)(e)(e) 401 to 1,000 ADT
82.50(1)(e)1.1. Right-of-way   4 rods
82.50(1)(e)2.2. Roadway width   34 feet
82.50(1)(e)3.3. Surface width   22 feet
82.50(1)(e)4.4. Maximum grades   5 percent-8 percent
82.50(1)(e)5.5. Curvature   5°-12.5°
82.50(1)(f)(f) 1,001 to 2,400 ADT
82.50(1)(f)1.1. Right-of-way   4 rods
82.50(1)(f)2.2. Roadway width   44 feet
82.50(1)(f)3.3. Surface width   24 feet
82.50(1)(f)4.4. Maximum grades   5 percent-7 percent
82.50(1)(f)5.5. Curvature   4.5°-7.5°
82.50(1)(g)(g) Over 2,400     State trunk standards
82.50(2)(2)The department may approve deviations from the minimum standards in special cases where the strict application of the standards is impractical and where such deviation is not contrary to the public interest and safety and the intent of this section.
82.50(3)(3)This section does not apply to improvements on town roads existing on October 1, 1992.
82.50 HistoryHistory: 1981 c. 20; 1987 a. 137 s. 6; 1989 a. 56; 1991 a. 39; 1993 a. 490; 1999 a. 85; 2003 a. 214 s. 182; Stats. 2003 s. 82.50.
82.50 NoteNOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
82.50 AnnotationThis section vests in a town a certain degree of discretion with respect to complying with minimum standards for town roads. Nothing in the statutes controls the circumstances in which a town may apply for a deviation under sub. (2), which indicates that the application is left to the town’s discretion. DSG Evergreen Family Limited Partnership v. Town of Perry, 2020 WI 23, 390 Wis. 2d 533, 939 N.W.2d 564, 17-2352.
82.50 AnnotationSub. (1) does not impose obligations on a town that are susceptible to a declaration of rights, nor does it create a private cause of action by which a plaintiff can recover damages for an alleged failure to construct a proper road. DSG Evergreen Family Limited Partnership v. Town of Perry, 2020 WI 23, 390 Wis. 2d 533, 939 N.W.2d 564, 17-2352.
82.5182.51Rules for town road bridge standards. The department shall establish by rule uniform minimum design standards for the improvement of town road bridges.
82.51 HistoryHistory: 1981 c. 20; 1987 a. 137 s. 6; 2003 a. 214 s. 83; Stats. 2003 s. 82.51.
82.51 NoteNOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
82.5282.52Rules for town road standards. The department shall establish by rule uniform minimum geometric standards for the improvement of existing town roads.
82.52 HistoryHistory: 1991 a. 39; 2003 a. 214 s. 184; Stats. 2003 s. 82.52.
82.52 NoteNOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
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2021-22 Wisconsin Statutes updated through 2023 Wis. Act 272 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on October 4, 2024. Published and certified under s. 35.18. Changes effective after October 4, 2024, are designated by NOTES. (Published 10-4-24)