reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 84 - State trunk highways; federal aid. › 84.14 - Bridge construction.

84.14
Bridge construction.
(1)
Order of construction. The department shall hold hearings on proposed bridge projects under ss. 84.11 and 84.12 in the order in which they are initiated. The secretary shall allot aid for the construction, reconstruction or purchase of bridges and the department may undertake such projects in the order the secretary deems advisable.
(3)
Participation in town bridge construction. Whenever any municipality has participated in the cost of the construction, reconstruction, or purchase of a bridge under s. 84.11 or 84.12, the property in such municipality shall thereafter be subject to taxation by the county for the construction and repair of bridges within the county under s. 82.08.
(4)
Legality of proceedings heretofore had. All bridges constructed, reconstructed or purchased pursuant to proceedings initiated by petitions filed with the highway commission prior to September 25, 1929, or by the highway commission on its own motion, under s. 87.02, 1927 stats., s. 87.03, 1927 stats., s. 87.04, 1927 stats., s. 87.05, 1927 stats., or s. 87.055, 1927 stats., as those sections existed prior to September 25, 1929, shall be construed to have been constructed, reconstructed or purchased under s. 84.11 or 84.12, and shall be operated and maintained as provided by s. 84.15.
History:  1977 c. 29; 1983 a. 36; 1987 a. 403 s. 256; 2003 a. 214.
NOTE:  2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 84 - State trunk highways; federal aid. › 84.15 - Bridges.

84.15
Bridges.
(1)
Maintenance and operation of intrastate bridges. Except as provided in a jurisdictional transfer agreement under s. 84.16, all matters relating to the maintenance and operation of bridges constructed, reconstructed or purchased under s. 84.11 before August 9, 1989, shall be under the jurisdiction and complete control of the department and the cost of such maintenance and operation thereof shall be the direct obligation of the state. Such portion of the approaches as may be determined by the department shall be considered a part of such bridge for maintenance and operation purposes. The portion of the approaches or highway not considered a part of such bridge for maintenance and operation purposes as determined by the department shall be maintained by the town, city or village in which it lies but this provision shall not diminish or otherwise affect the duty of the county with respect to the county trunk highways or the state with respect to the state trunk highways. Authority is given the department to carry fire or tornado insurance, or both, on bridges where such hazard exists and the premium on such insurance shall be included as a portion of such maintenance and operation costs.
(2)
Across bay of Great Lakes. In the case of any intrastate bridge built across a bay of any of the Great Lakes, the maintenance under sub. (1) shall be deemed to include repair or reconstruction necessitated by any accidental damage done to such bridge by vessels using such bay, or some other catastrophe, in which event the department may use for such repair or reconstruction moneys available for the construction of such bridges.
(3)
Interstate bridges, Wisconsin's share. The provisions of this section shall also apply to all interstate bridges constructed, reconstructed or purchased under s. 84.12; and the term “bridge" as used in sub. (1) means Wisconsin's portion of such interstate bridges.
History:  1977 c. 29 s. 1654 (8) (a); 1989 a. 31.
2023 Wisconsin Statutes & Annotations › Chapter 84 - State trunk highways; federal aid. › 84.16 - Jurisdictional transfers of bridges.

84.16
Jurisdictional transfers of bridges.
(1)
The department may transfer its jurisdiction over bridges constructed, reconstructed or purchased under s. 84.11 before August 9, 1989, or under s. 84.12 to any local unit of government by entering into a jurisdictional transfer agreement with the local unit of government. Deletion of any part of the state trunk highway system under this section may be made without regard to any mileage limitation or procedural requirement imposed under s. 84.02 or chapter 518, laws of 1947.
(2)
The jurisdictional transfer agreement must be approved by the department and the governing body of any municipality or county board involved before the transfer of any bridge becomes effective.
(3)
A jurisdictional transfer agreement may contain any terms and conditions that the department and the local unit of government may deem necessary regarding maintenance or rehabilitation of any bridge transferred.
History:  1989 a. 31.
2023 Wisconsin Statutes & Annotations › Chapter 84 - State trunk highways; federal aid. › 84.17 - Bridge inspection and inventory.

84.17
Bridge inspection and inventory.
(1)
In this section:
(a)
“Highway" means all public ways and thoroughfares specified in s. 340.01 (22).
(b)
“Highway bridge" means a bridge on a highway in this state which crosses waterways, other topographical barriers, other highways or railroads.
(c)
“Rehabilitating" means making major repairs necessary to restore the structural integrity of a highway bridge or making repairs necessary to correct a major safety defect.
(2)
The department shall conduct an inspection and inventory of all highway bridges on the highways in this state. The inspection and inventory of local highway bridges shall be done in consultation with local authorities. The department shall complete the inspection and inventory required under this subsection prior to July 1, 1979, if it is practicable to do so, and in any case prior to December 31, 1980, and shall submit the inspection and inventory report to the federal government in accordance with the provisions of 23 USC 144. The inspection and inventory shall include all highway bridges on any highway in the state. The department shall classify each highway bridge according to its safety, serviceability and necessity for public use and shall determine the cost of rehabilitating the highway bridge or of replacing the highway bridge with a comparable facility. The department shall adopt standards for the highway bridge inspection and inventory program under this subsection.
(3)
After the initial inspection and inventory under sub. (2) is completed, all highway bridges in the state shall be inspected on a continuing basis as determined by the department. The department shall establish standards for the continuing inspection program. The responsibility for the continuing inspection program shall be as follows:
(a)
The department shall be responsible for inspecting the highway bridges on the state trunk highway system.
(b)
Local authorities and other authorities shall be responsible for inspecting highway bridges on highways under their jurisdictions.
History:  1979 c. 7.
2023 Wisconsin Statutes & Annotations › Chapter 84 - State trunk highways; federal aid. › 84.20 - State repair and maintenance of highways and streets.

84.20
State repair and maintenance of highways and streets.
Damage to any county trunk or town highway or city or village street caused by reason of its use as a detour designated by the department or for hauling materials incident to the maintenance, repair or construction by the department of any state trunk highway or street over which a state trunk highway is routed, shall be repaired by the department. Such highway or street shall also be maintained by the department during such use. Subject to s. 86.255, the cost of such repairs and maintenance shall be paid from funds appropriated and available to the department for the maintenance and improvement of state trunk highways and connecting highways under s. 20.395 (3).
History:  1973 c. 333 s. 201w; 1977 c. 29 ss. 1654 (3), (6) (b), (8) (a), 1656 (43); 1999 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 84 - State trunk highways; federal aid. › 84.27 - Institution roads.

84.27
Institution roads.
The department may administer a program to improve highways forming convenient connections between the University of Wisconsin System and state charitable or penal institutions, and the state trunk highway system, or to construct roadways under or over state trunk highways that pass through the grounds thereof, or to construct and maintain all drives and roadways on such grounds or the grounds of the state capitol. Within the limitations and for the purposes of this section, work may be performed by or under the supervision or authority of the department, upon the request for such work filed by the board of regents of the University of Wisconsin System or the state boards, commissions, departments or officers, respectively, as to such work in connection with the institution controlled by them. The cost of any work under this section shall be the responsibility of the board of regents of the University of Wisconsin System or the state boards, commissions, departments or officers involved.
History:  1971 c. 100 s. 23; 1973 c. 243 s. 82; 1977 c. 29 ss. 1654 (8) (b), 1656 (43); 1979 c. 34 s. 2102 (52) (a); 1981 c. 20.
2023 Wisconsin Statutes & Annotations › Chapter 84 - State trunk highways; federal aid. › 84.41 - State liability; applicable laws; tax exemption; securing of federal aids.

84.41
State liability; applicable laws; tax exemption; securing of federal aids.
(1)
Liability of state. The state shall be liable for accrued rentals and for any other default under any lease or sublease executed under s. 84.40 and may be sued therefor on contract as in other contract actions pursuant to ch. 775, but it shall not be necessary for the lessor under any such lease or sublease or any assignee of such lessor or any person or other legal entity on behalf of such lessor to file any claim with the legislature prior to the commencement of any such action. However, the corporation or bondholders may not reenter or take possession of the highway land, easements or structures by reason of any default in the payment of rent or for any other reason.
(2)
Application of state laws. All laws of this state including those pertaining to the regulation of motor vehicles and highways, shall apply to the projects subject to lease and sublease executed under s. 84.40.
(4)
Contractor's liens; performance and payment bonds. The provisions of s. 779.15 pertaining to contractor's liens and related matters, and s. 779.14 relating to performance and payment bonds, shall apply in the same manner as such law applies to other state highway construction projects.
(5)
Tax exemption. All lands leased and re-leased under any approved project shall be exempt from taxation.
(6)
No state debt created. Nothing contained in this section or s. 84.40 shall create a debt of the state.
(7)
Securing of federal aids. The department shall do all things necessary to secure federal aids in carrying out the purposes of this section and s. 84.40.
History:  1977 c. 29 s. 1654 (8) (a); 1979 c. 32 s. 92 (5), (9); 2015 a. 55; 2017 a. 59.
2023 Wisconsin Statutes & Annotations › Chapter 84 - State trunk highways; federal aid. › 84.42 - Limitations on bonding.

84.42
Limitations on bonding.
The department's authority to act under ss. 84.40 and 84.41 is limited to completion of highway I-94 between Tomah and Eau Claire, the interstate bridge, including the approaches, on highway I-94 at Hudson and highway I-90 between Tomah and La Crosse.
History:  1977 c. 29 s. 1654 (8) (a).
2023 Wisconsin Statutes & Annotations › Chapter 84 - State trunk highways; federal aid. › 84.51 - Construction of state highways.

84.51
Construction of state highways.
(1)
The secretary with approval of the governor and subject to the limits of s. 20.866 (2) (ur), (us) and (uu) may direct that state debt be contracted for the purposes set forth in subs. (2) and (3) subject to the limits set forth in subs. (2) and (3). Said debts shall be contracted in accordance with ch. 18.
(2)
It is the intent of the legislature that state debt not to exceed $185,000,000 for the construction of highways be appropriated over a 6-year period except that if funds allocated to any project hereunder are not used for such project or if additional highway construction funds are made available hereunder, they shall first be used for development of state trunk highway 45 from the intersection with highway 41 to and including the West Bend bypass, and except that no funds shall be used for the construction of the proposed Bay freeway and no funds shall be used for the “Augusta Bypass" project in Eau Claire County. Nothing in this section shall be construed so as to allow the redevelopment of state trunk highway 83 in Washington and Waukesha counties. U.S. numbered highway 16 from Tomah to the interchange with I-90 east of Sparta shall be retained as part of the state highway system in the same route as in use on November 1, 1969. The improvement project for state trunk highway 23 from Sheboygan to Fond du Lac shall be undertaken as swiftly as practicable.
(3)
It is the intent of the legislature that state debt not to exceed $15,000,000 shall be incurred for the acquisition, construction, reconstruction, resurfacing, development, enlargement or improvement of the connecting highway facility known as the 27th Street viaduct in Milwaukee County.
History:  1971 c. 40, 202, 264, 307; 1973 c. 90; 1977 c. 29; 1981 c. 20; 1983 a. 212; 1989 a. 56 s. 259.
2023 Wisconsin Statutes & Annotations › Chapter 84 - State trunk highways; federal aid. › 84.52 - Construction of intrastate and interstate bridges.

84.52
Construction of intrastate and interstate bridges.
(1)
The secretary, with the approval of the governor and subject to the limits of s. 20.866 (2) (ug), may direct that state debt be contracted for the construction of bridges as set forth in sub. (2) and subject to the limits set therein. Said debts shall be contracted in accordance with ch. 18.
(2)
It is the intent of the legislature that state debt not to exceed $46,849,800 may be incurred for the construction or reconstruction of local bridges as provided by s. 84.11 and interstate bridges as provided by s. 84.12. Construction under this subsection shall be in accordance with the bridge needs of the state as determined in the biennial budget bill.
History:  1973 c. 333; 1977 c. 29; 1981 c. 27; 1989 a. 31.
2023 Wisconsin Statutes & Annotations › Chapter 84 - State trunk highways; federal aid. › 84.53 - Matching of federal aid.

84.53
Matching of federal aid.
(1)
The secretary with the approval of the governor, subject to the limits of s. 20.866 (2) (ut), may direct that state debt be contracted for the matching of federal aid as set forth in sub. (2) and subject to the limits set therein. Said debt shall be contracted in accordance with ch. 18.
(2)
It is the intent of the legislature that state debt not to exceed $10,000,000 may be incurred for the purpose of matching federal aid for the construction of highway facilities.
History:  1973 c. 333; 1977 c. 29
2023 Wisconsin Statutes & Annotations › Chapter 84 - State trunk highways; federal aid. › 84.54 - Minimum federal expenditures for projects receiving federal funding.

84.54
Minimum federal expenditures for projects receiving federal funding.
(1)
Except as provided in sub. (2), for all of the following projects on which the department expends federal moneys, the department shall expend federal moneys on not less than 70 percent of the aggregate project components eligible for federal funding each fiscal year:
(a)
Southeast Wisconsin freeway megaprojects.
(b)
Major highway development projects.
(c)
State highway rehabilitation projects with a total cost of less than $10 million.
(2)
If the department determines that it cannot meet the requirements under sub. (1) or that it can make more effective and efficient use of federal moneys than the use required under sub. (1), the department may submit a proposed alternate funding plan to the joint committee on finance. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department's submittal that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the department may expend moneys as proposed in the plan. If, within 14 working days after the date of the submittal, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the department may expend moneys as proposed in the plan only upon approval of the committee. The department may continue with any projects subject to the funding requirement under sub. (1) while the committee conducts its review, including any hearings conducted by the committee.
History:  2017 a. 368.
2023 Wisconsin Statutes & Annotations › Chapter 84 - State trunk highways; federal aid. › 84.56 - Additional funding for major highway projects.

84.56
Additional funding for major highway projects.
Notwithstanding ss. 84.51, 84.53, 84.555, and 84.59, major highway projects, as defined under s. 84.013 (1) (a), for the purposes of ss. 84.06 and 84.09, may be funded with the proceeds of general obligation bonds issued under s. 20.866 (2) (uus) and (uuv).
History:  2009 a. 28; 2021 a. 58.
2023 Wisconsin Statutes & Annotations › Chapter 84 - State trunk highways; federal aid. › 84.57 - Additional funding for certain state highway rehabilitation projects.

84.57
Additional funding for certain state highway rehabilitation projects.
(1)
Notwithstanding ss. 84.51, 84.53, 84.555, 84.59, and 84.95, and subject to sub. (2), state highway rehabilitation projects for the purposes specified in s. 20.395 (6) (aq) may be funded with the proceeds of general obligation bonds issued under s. 20.866 (2) (uut) and (uuv).
(2)
Only state highway reconstruction projects, pavement replacement projects, and bridge replacement projects may be funded with the proceeds of general obligation bonds issued under s. 20.866 (2) (uut).
History:  2009 a. 28; 2021 a. 58.
2023 Wisconsin Statutes & Annotations › Chapter 84 - State trunk highways; federal aid. › 84.58 - Additional contingent funding for major highway and rehabilitation projects.

84.58
Additional contingent funding for major highway and rehabilitation projects.
Subject to 2015 Wisconsin Act 55, section 9145 (1v), the proceeds of general obligation bonds issued under s. 20.866 (2) (uuu) may be used to fund major highway projects under s. 84.013 and state highway rehabilitation projects for the purposes specified in s. 20.395 (3) (cq).
History:  2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 84 - State trunk highways; federal aid. › 84.585 - Additional contingent funding for southeast Wisconsin freeway megaprojects.

84.585
Additional contingent funding for southeast Wisconsin freeway megaprojects.
Subject to 2017 Wisconsin Act 58, section 60 (1c), the proceeds of general obligation bonds issued under s. 20.866 (2) (uuz) may be used to fund southeast Wisconsin freeway megaprojects under s. 84.0145 (3) (b) 1.
History:  2017 a. 58.
2023 Wisconsin Statutes & Annotations › Chapter 84 - State trunk highways; federal aid. › 84.60 - Bikeways.

84.60
Bikeways.
(1)
In this section:
(a)
“Bikeway" means a public path, trail, lane or other way, including structures, traffic control devices and related support facilities and parking areas, designated for use by bicycles, electric scooters, electric personal assistive mobility devices, and other vehicles propelled by human power. The term also includes “bicycle lane" as defined in s. 340.01 (5e) and “bicycle way" as defined in s. 340.01 (5s).
(b)
“Highway" means any state trunk highway, national parkway, expressway, interstate highway or freeway.
(2)
The department may establish a bikeway separately or in conjunction with any existing highway.
(3)
Bikeways established under this section shall be considered highways for the purposes of ss. 84.06, 84.07 and 84.09.
History:  1977 c. 29; 2001 a. 90; 2019 a. 11.
2023 Wisconsin Statutes & Annotations › Chapter 84 - State trunk highways; federal aid. › 84.95 - General obligation bonding for highway rehabilitation projects.

84.95
General obligation bonding for highway rehabilitation projects.
Notwithstanding ss. 84.51, 84.53, and 84.59, state highway rehabilitation projects for the purposes specified in s. 20.395 (3) (cq) may, under s. 84.555, be funded with the proceeds of general obligation bonds issued under s. 20.866 (2) (uum) and such projects may be funded with the proceeds of general obligation bonds issued under s. 20.866 (2) (uur).
History:  2003 a. 33; 2005 a. 25.
2023 Wisconsin Statutes & Annotations › Chapter 85 - Department of transportation. › 85.01 - Definitions.

85.01
Definitions.
In this chapter:
(1)
“Department" means the department of transportation.
(2)
“Division of hearings and appeals" means the division of hearings and appeals in the department of administration.
(2m)
“Operator" has the meaning given in s. 340.01 (41).
(3)
“Rail property" means all fixed property, real or personal, used in operating a railroad.
(4)
“Rail property improvements" means rails, ties, switches, spurs, buildings, signals, trestles, bridges and other property, exclusive of land, that may be used in operating a railroad.
(5)
“Railroad" means a railroad as defined in s. 195.02 (1) and any company, association, corporation or person managing, maintaining, operating or in possession of a railroad in whole or in part within this state whether as owner, contractor, lessee, mortgagee, trustee, assignee or receiver.
(7)
“Railway" means a corporation described in s. 193.01, 1983 stats.
(8)
“Secretary" means the secretary of transportation.
History:  1971 c. 125 s. 417; Stats. 1971 s. 85.01; 1973 c. 90; 1977 c. 29; 1981 c. 347; 1983 a. 27 ss. 1332, 1333, 1339, 1344, 1345; 1985 a. 29, 135; 1985 a. 187 s. 45; 1993 a. 16; 2003 a. 297; 2005 a. 179.
2023 Wisconsin Statutes & Annotations › Chapter 85 - Department of transportation. › 85.013 - Hearings.

85.013
Hearings.
(1)
Except as provided in sub. (2), any hearing under s. 227.42 granted by the department may be conducted before the division of hearings and appeals which shall decide the matter.
(2)
(a)
The secretary shall designate employees of the department as hearing examiners to preside over all hearings arising under ch. 344.
(b)
Any hearing under s. 227.42 shall be held before the tax appeals commission under s. 73.01 if the hearing concerns an additional assessment, refund or denial of refund under any of the following:
1.
The international registration plan under s. 341.405.
2.
A fuel tax agreement under s. 341.45.
History:  1993 a. 16; 1999 a. 145.
2023 Wisconsin Statutes & Annotations › Chapter 85 - Department of transportation. › 85.015 - Transportation assistance contracts.

85.015
Transportation assistance contracts.
All contracts entered into under this chapter to provide financial assistance in the areas of railroads, urban mass transit, specialized transportation, and harbors are subject to ss. 16.528 and 16.752 but are exempt from ss. 16.70 to 16.75, 16.755 to 16.82, 16.85 to 16.87, and 16.875 to 16.89.
History:  1981 c. 20; 1985 a. 300; 1989 a. 345; 2005 a. 410; 2021 a. 267.
2023 Wisconsin Statutes & Annotations › Chapter 85 - Department of transportation. › 85.02 - Planning, promotion and protection.

85.02
Planning, promotion and protection.
(1)
The department may direct, undertake and expend state and federal aid for planning, promotion and protection activities in the areas of highways, motor vehicles, traffic law enforcement, aeronautics and astronautics, railroads, waterways, specialized transportation services, mass transit systems and for any other transportation mode. All state, regional and municipal agencies and commissions created under authority of law shall to the extent practicable, when dealing with transportation, follow the recommendations made by the secretary.
(2)
The department shall implement the policy specified in s. 1.12 (6) in making all decisions, orders, and rules affecting the siting of new electric transmission facilities.
History:  1973 c. 90; 1979 c. 34; 1981 c. 20; 2003 a. 89; 2005 a. 335.
2023 Wisconsin Statutes & Annotations › Chapter 85 - Department of transportation. › 85.0205 - Expenditures for aesthetic elements.

85.0205
Expenditures for aesthetic elements.
(1)
Except as provided in subs. (2) and (3), the department may not expend more than 1.5 percent of the project costs of any highway improvement project on elements that the department determines are primarily related to the aesthetic preferences of communities adjacent to the project, generally known as community sensitive solutions.
(1m)
The department may not expend state moneys on elements of a highway improvement project that the department determines are primarily related to the aesthetic preferences of communities adjacent to the project, generally known as community sensitive solutions.
(2)
Subsection (1) does not apply if any of the following apply:
(a)
The elements are included in a federal record of decision or similar federal project approval issued prior to July 2, 2013.
(b)
The inclusion of the elements is required to receive approval for the use of federal funds on the project.
(3)
The department may expend more than the amount permitted under sub. (1) if the expenditures in excess of the amount permitted are reimbursed by another party.
History:  2013 a. 20; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 85 - Department of transportation. › 85.021 - Transportation alternatives program.

85.021
Transportation alternatives program.
(1)
Definitions. In this section:
(a)
“Eligible entity" has the meaning given in 23 USC 213 (c) (4) (B).
(b)
“Transportation alternatives" has the meaning given in 23 USC 101 (a).
(2)
Program.
(a)
The department may administer a program to award grants of assistance to any eligible entity for transportation alternatives activities consistent with federal regulations promulgated under 23 USC 213. The grants shall be awarded from the appropriations under s. 20.395 (2) (js), (jv), and (jx).
(b)
Any project for which a grant is awarded under par. (a) shall be commenced within 4 years from the date that the grant is awarded. For purposes of this paragraph, a planning project is commenced when a planning study is begun and an infrastructure project is commenced when construction is begun.
History:  2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 85 - Department of transportation. › 85.022 - Multimodal transportation studies.

85.022
Multimodal transportation studies.
(1)
The department shall administer a program to study multimodal transportation. The department may make grants or pay contract costs from the appropriations under s. 20.395 (2) (hq) and (hx) for multimodal transportation studies and preliminary engineering of public transportation projects. The department may provide grants or contract with any person under this section to study interurban and intraurban area multimodal transportation, including an analysis of the potential impact of a transportation facility on local and statewide economic development. A study may consider any of the following:
(a)
Present and future transit ridership.
(b)
Existing railroad and other transportation right-of-way and potential right-of-way availability.
(c)
The capacity of alternative transit facilities.
(d)
Parking availability.
(e)
Plans for completing transit projects.
(f)
The creation of a regional operating authority.
(g)
Analysis of alternative means of financing, including public and private cost-sharing.
(h)
Coordination of rail passenger services with existing publicly operated mass transit systems.
(i)
Technologies, costs, benefits and projected ridership of conventional rail passenger service, or of high-speed rail service.
(j)
Express bus service.
(k)
Commuter rail service.
(L)
Travel data.
(m)
Urban rail transit systems.
(2)
(a)
The department shall study high-speed rail service in the southern transportation corridor between this state and the state of Minnesota.
(b)
1.
Except as provided in subd. 2., funds may be expended under par. (a) only to match funds, at the ratio of 1 to 1, from the state of Minnesota for the study.
2.
No funds may be expended under par. (a) unless the federal government contributes funds for a study under par. (a) in an amount equal to the total amount of funds from this state and the state of Minnesota for the study.
(3)
A recipient of funding under this section shall make the results of its study available to any interested city, village, town or county.
History:  1989 a. 31; 1991 a. 39; 1993 a. 16, 246; 1995 a. 113; 2005 a. 25; 2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 85 - Department of transportation. › 85.023 - Planning for bicycle facilities.

85.023
Planning for bicycle facilities.
The department shall assist any regional or municipal agency or commission in the planning, promotion and development of bikeways as defined in s. 84.60 (1) (a). The department shall draft model local zoning ordinances for the planning, promotion and development of bikeways and bicycle racks.
History:  1979 c. 221.
2023 Wisconsin Statutes & Annotations › Chapter 85 - Department of transportation. › 85.025 - Highway and bridge projects.

85.025
Highway and bridge projects.
The department shall adopt by rule criteria for selecting and evaluating all highway and bridge projects which are constructed from the appropriations under s. 20.395 (3) (bq), (bv), (bx), (cq), (cv) and (cx).
History:  1979 c. 221, 355; 1991 a. 39.
2023 Wisconsin Statutes & Annotations › Chapter 85 - Department of transportation. › 85.028 - Milwaukee east-west transportation corridor.

85.028
Milwaukee east-west transportation corridor.
Upon implementation of a funding source to provide local funds for a Milwaukee east-west transportation corridor project, local units of government that will be affected by such a project shall reimburse the transportation fund for 50 percent of the nonfederal share of preliminary engineering costs relating to a Milwaukee east-west transportation corridor project.
History:  1993 a. 437 ss. 180, 267, 268; 1999 a. 85.
2023 Wisconsin Statutes & Annotations › Chapter 85 - Department of transportation. › 85.03 - Federal reduction or termination of aid.

85.03
Federal reduction or termination of aid.
All appropriations made to the department under s. 20.395 are subject to the specific provision that if federal government funding of any portion of a program under s. 20.395 is reduced or terminated, the secretary may terminate or reduce state participation in the program in such proportion as the secretary considers appropriate.
History:  1971 c. 125 s. 417; Stats. 1971 s. 85.02; 1973 c. 90 ss. 397e, 560 (4); Stats. 1973 s. 85.03; 1991 a. 316.
2023 Wisconsin Statutes & Annotations › Chapter 85 - Department of transportation. › 85.035 - Reduction of department appropriations.

85.035
Reduction of department appropriations.
Subject to s. 85.62, where the secretary deems that economic conditions warrant, the secretary, in conjunction with submission of estimates under s. 16.50, may recommend to the secretary of administration that authorized department appropriations be reduced to reflect revenue deficiencies.
History:  1977 c. 29; 1981 c. 30; 2007 a. 20; 2009 a. 178.
2023 Wisconsin Statutes & Annotations › Chapter 85 - Department of transportation. › 85.04 - Acquisition of replacement lands.

85.04
Acquisition of replacement lands.
If federal law prohibits the acquisition of lands determined by the secretary to be necessary for transportation purposes unless replacement lands are provided, the department may acquire by gift, devise, purchase or condemnation any lands or interests in lands necessary to satisfy the replacement requirement.
History:  1977 c. 418.
This section applies only when federal law requires acquisition of replacement lands. When acquiring replacement lands is one option for gaining federal approval, this section does not apply. Mitton v. DOT, 179 Wis. 2d 321, 507 N.W.2d 126 (Ct. App. 1993).
Affirmed on other grounds. 184 Wis. 2d 738, 516 N.W.2d 709 (1994).
2023 Wisconsin Statutes & Annotations › Chapter 85 - Department of transportation. › 85.05 - Evaluation of proposed major highway projects.

85.05
Evaluation of proposed major highway projects.
The department by rule shall establish a procedure for numerically evaluating projects considered for enumeration under s. 84.013 (3) as a major highway project. The evaluation procedure may include any criteria that the department considers relevant. The rules shall establish a minimum score that a project shall meet or exceed when evaluated under the procedure established under this section before the department may recommend the project to the transportation projects commission for consideration under s. 13.489 (4). This section does not apply to major highway projects identified in s. 84.013 (3) (ad).
History:  1997 a. 86; 1999 a. 9; 2011 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 85 - Department of transportation. › 85.052 - Change management system for major highway projects.

85.052
Change management system for major highway projects.
The department shall develop and implement a change management system for providing fiscal and management oversight for all major highway projects funded from any appropriation specified in s. 84.013 (2) (a).
History:  2003 a. 217.
2023 Wisconsin Statutes & Annotations › Chapter 85 - Department of transportation. › 85.055 - Passenger railroad station improvements.

85.055
Passenger railroad station improvements.
(1)
In this section, “local governmental unit" means a city, village, town or county or an agency or subdivision of a city, village, town or county.
(2)
The department shall administer a passenger railroad station improvement grant program. From the appropriation under s. 20.395 (2) (ct), the department shall award grants to local governmental units or private entities for the construction or rehabilitation of passenger railroad stations along existing or proposed rail passenger routes. The amount of a grant awarded under this section shall be limited to an amount equal to 33 percent of the cost of the project or $60,000, whichever is less.
(3)
The department may not award a grant under this section to a public entity unless the governing body of the city, town, village or county has adopted a resolution supporting the proposed project.
History:  1999 a. 9; 2015 a. 197 s. 51.
2023 Wisconsin Statutes & Annotations › Chapter 85 - Department of transportation. › 85.06 - Rail passenger service assistance and promotion.

85.06
Rail passenger service assistance and promotion.
(1)
Definitions. In this section:
(a)
“Amtrak" means the national railroad passenger corporation.
(b)
“Local governmental unit" has the meaning given in s. 59.72 (1) (c).
(2)
Program. The department shall administer a rail passenger service assistance and promotion program and may do any of the following:
(a)
Conduct financial and technical planning for rail passenger service in this state and evaluate existing rail passenger service.
(b)
Contract with Amtrak, railroads or other persons to provide rail passenger service or support services, equipment, station improvements, passenger platforms, equipment maintenance shops, parking areas or other support facilities for rail passenger service. The contract may provide for the sale or lease of any equipment or facilities acquired by the department under par. (g). Notwithstanding s. 16.75 (1) and (2m), the department may contract under this paragraph without competitive bidding or competitive sealed proposals.
(c)
Consult with other states and with local governmental units regarding service levels for additional rail passenger service in this state.
(d)
Monitor the quality of rail passenger service in this state.
(e)
Conduct or contract for marketing studies and promotional activities to increase rail passenger service ridership in this state, to identify potential riders and to educate the public about the availability and advantages of rail passenger service.
(f)
Apply for and accept federal funds for rail passenger service.
(g)
Acquire equipment or facilities for the purpose of providing rail passenger service or support services for rail passenger service.
(h)
Enter into agreements with other states to assist or promote rail passenger service.
History:  1991 a. 39; 1995 a. 113, 201; 1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 85 - Department of transportation. › 85.061 - Rail passenger route development.

85.061
Rail passenger route development.
(1)
Definition. In this section, “Amtrak" means the national railroad passenger corporation.
(2)
Legislative findings. The legislature finds that private capital and local governmental financial and technical resources are unable to fully meet the transportation needs of all citizens. It is determined that the program authorized under this section, including the improvement of the property or facilities of a railroad, whether publicly or privately owned, is a legitimate governmental function serving proper public purposes.
(3)
Program.
(a)
The department shall administer a rail passenger route development program. From the appropriations under ss. 20.395 (2) (br) and 20.866 (2) (up), the department may fund any of the following:
1.
Capital costs related to Amtrak service extension routes or other rail service routes between the cities of Milwaukee and Madison, between the cities of Milwaukee and Green Bay, between the cities of Milwaukee and Chicago, between the cities of Madison and Eau Claire, and between the cities of Madison and La Crosse. Any route between the cities of Milwaukee and Green Bay funded under the program shall provide service to population centers along the route in a manner that makes the route most economically feasible.
2.
Railroad track or rail passenger station improvements related to an Amtrak service extension route between the city of Milwaukee and Waukesha County, or the establishment of commuter rail service between these jurisdictions.
3.
Rail passenger station improvements related to an existing rail passenger service.
(b)
The department may not use any proceeds from the bond issue authorized under s. 20.866 (2) (up) unless the joint committee on finance approves the use of the proceeds and, with respect to a route under par. (a) 1. or 2., the department submits evidence to the joint committee on finance that Amtrak or the applicable railroad has agreed to provide rail passenger service on that route. The department may contract with Amtrak, railroads or other persons to perform the activities under the program.
History:  1993 a. 16; 1995 a. 113; 1997 a. 27; 2007 a. 20; 2019 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 85 - Department of transportation. › 85.062 - Major transit capital improvement projects.

85.062
Major transit capital improvement projects.
(1)
In this section, “major transit capital improvement project" means a project that has a total cost of more than $5,000,000 and which involves any of the following:
(a)
Construction of a separate roadway designated for use by buses or other high-occupancy modes of travel.
(b)
Initial construction or expansion of a light rail transit system.
(c)
Initial construction or expansion of a commuter rail transit system. In this paragraph, “commuter rail" has the meaning given in s. 85.064 (1) (a).
(2)
No major transit capital improvement project may be constructed using any state transportation revenues unless the major transit capital improvement project is specifically enumerated in a list under sub. (3). Notwithstanding s. 84.013 (4), a major transit capital improvement project that is enumerated under sub. (3) may be constructed without being included in the list of major highway projects under s. 84.013 (3).
(3)
The department may proceed with construction of the following major transit capital improvement projects:
(a)
The Dane County commuter rail project.
History:  1993 a. 437; 2003 a. 33; 2009 a. 28; 2011 a. 32; 2017 a. 59.
2023 Wisconsin Statutes & Annotations › Chapter 85 - Department of transportation. › 85.064 - Commuter rail transit system development.

85.064
Commuter rail transit system development.
(1)
In this section:
(a)
“Commuter rail" means rail passenger service, operating primarily on a dedicated right-of-way on existing railroad tracks used for rail freight service or intercity rail passenger service between and within metropolitan and suburban areas, connecting these areas with large business or urban centers in this state or another. Commuter rail usually operates during peak travel times with limited stops and in conjunction with other transit modes as part of a regional transit system.
(b)
“Political subdivision" means any city, village, town, county, or transit commission organized under s. 59.58 (2) or 66.1021 or recognized under s. 66.0301 within this state.
(2)
(a)
The department shall administer a commuter rail transit system development grant program. From the appropriations under s. 20.395 (2) (ct) and (cu), the department may award grants to political subdivisions for the development or extension of commuter rail transit systems in this state.
(b)
Upon completion of a planning study to the satisfaction of the department, any political subdivision may apply to the department for a grant for the purpose specified in par. (a). No grant may be awarded under this section for a project unless the project meets the eligibility criteria established by the department under sub. (3).
(c)
The amount of a grant awarded under this section shall be limited to an amount equal to 50 percent of the portion of the project cost in excess of the federal aid funding for the project or 25 percent of the total project cost, whichever is less.
(3)
The department shall prescribe the form, nature, and extent of information that shall be contained in applications for grants under this section and shall establish criteria for evaluating applications and determining eligibility for the award of grants under this section.
History:  2003 a. 33; 2005 a. 25; 2009 a. 28; 2011 a. 32; 2015 a. 197 s. 51.
2023 Wisconsin Statutes & Annotations › Chapter 85 - Department of transportation. › 85.065 - Urban rail line relocations.

85.065
Urban rail line relocations.
(1)
(a)
Any county, city, village, town or combination thereof may apply to the department for a study of the cost and benefits of the location and form of railroad lines, associated facilities, and railroad operations within an urban area. Upon receiving such application, the department may undertake or contract for a study to determine the extent to which the existing location of such lines, facilities and operations serves the public interests in:
1.
Reliable, economical and expeditious commercial transportation;
2.
Safe and orderly movement of pedestrian and vehicular traffic;
3.
Coordinated and environmentally sound planning for development or preservation of the area; and
4.
Conservation of scarce land or energy resources.
(b)
The study shall be performed in consultation with the applicant and other interested parties and shall result in a report describing alternatives to the existing location and form of such railroad lines, facilities and operations which assesses each alternative in light of those criteria.
History:  1977 c. 29.
2023 Wisconsin Statutes & Annotations › Chapter 85 - Department of transportation. › 85.066 - Transit safety oversight program.

85.066
Transit safety oversight program.
(1)
Definition. In this section, “rail fixed guideway transportation system" means a public transportation system being designed, engineered, constructed, or operated that is intended to operate upon a fixed guideway, including a railway, and that is not subject to regulation by the federal railroad administration.
(2)
Program and funding. The department shall develop and administer a transit safety oversight program. Under the program, the department may oversee, enforce, investigate, and audit all safety aspects of rail fixed guideway transportation systems.
(3)
Expenditures related to certain transportation systems in a first class city. The following may not incur any direct or indirect expenses, including the forfeiture of any revenue, relating to the operation or construction of a rail fixed guideway transportation system in a 1st class city unless the expense incurred or revenue forfeited will be fully reimbursed by the 1st class city:
(a)
Except as required to comply with the requirements under 49 USC 5329, the state.
(b)
An agency, as defined in s. 16.52 (7).
(c)
A county in which the 1st class city is located.
(4)
Reimbursement. If a person restricted from incurring expenses under sub. (3), with the approval of the 1st class city, incurs a direct or indirect expense, including the forfeiture of any revenue, relating to the operation or construction of a rail fixed guideway transportation system in a 1st class city, the 1st class city shall fully reimburse the person for the expense.
History:  2015 a. 55; 2017 a. 59.
2023 Wisconsin Statutes & Annotations › Chapter 85 - Department of transportation. › 85.077 - Railroad projects and competitive bidding.

85.077
Railroad projects and competitive bidding.
(1)
Except as provided in subs. (2) and (4), if a project involving the construction, rehabilitation, improvement, demolition, or repair of rail property or rail property improvements is funded in any part with public funds, the department or the recipient of the public funds shall let the project by contract on the basis of competitive bids and shall award the contract to the lowest responsible bidder.
(2)
The provisions of sub. (1) do not apply if any of the following applies:
(a)
The project is in response to a public emergency.
(am)
The project is for the installation or maintenance of warning devices at railroad highway crossings.
(b)
The estimated cost of the project is less than $25,000.
(c)
The project involves only rail property or rail property improvements owned or leased by a railroad and the project is to be performed by the railroad using its own employees.
(3)
The department or the recipient of public funds may not subdivide a project into more than one contract, allocate work or workers in any manner, or transfer the jurisdiction of a project to avoid the requirements of sub. (1).
(4)
If no responsible bid is received, the contract may be awarded without complying with sub. (1).
History:  2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 85 - Department of transportation. › 85.085 - Private road crossings.

85.085
Private road crossings.
(1b)
In this section, “rehabilitated" means a significant rebuilding of railroad track that restores severely deteriorated track to a minimum service standard or, for track that is at or above a minimum service standard, that increases the service standard of the track.
(1m)
The department shall make payments from the appropriation under s. 20.395 (2) (bu) to fund the rebuilding of any private road crossing across the tracks of a rail transit commission within this state if the applicable tracks of the rail transit commission were rehabilitated during the 1992-93 fiscal year or thereafter, the private road crossing has not been rebuilt since the tracks were rehabilitated and the private road crossing user obtains a private road crossing permit from the applicable rail transit commission.
(2)
The department shall make payments from the appropriation under s. 20.395 (2) (bu) to reimburse any private road crossing user for costs incurred by the user in financing the rebuilding of a private road crossing across the tracks of a rail transit commission within this state if the applicable tracks of the rail transit commission were rehabilitated during the 1992-93 fiscal year or thereafter and the private road crossing user has obtained a private road crossing permit from the applicable rail transit commission.
(3)
The department shall not make any payment under this section unless the applicable private road crossing permit provides that the rail transit commission shall, at the user's sole cost and expense, maintain, repair and renew the private road crossing. “Maintain, repair and renew" does not include any rebuilding of a private road crossing that is required because the applicable tracks have been rehabilitated.
History:  1993 a. 354; 1995 a. 113.