reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 79 - State revenue sharing. › 79.039 - Certain reductions.

79.039
Certain reductions.
(1)
For the distribution in 2024 and subsequent years, if in any year a county or municipality fails to satisfy the requirements under s. 62.90 (5) (a) or 66.0608 (2m), the secretary of administration shall reduce the county's or municipality's total of payments under ss. 79.036 and 79.037 for the next year by 15 percent.
(1m)
For the distribution in 2024 and subsequent years, if in any year a municipality fails to satisfy the requirements under s. 62.90 (5) (bm), the secretary of administration shall reduce the municipality's payment under s. 79.037 for the next year by 15 percent.
(2)
(a)
1.
If in any year a county that imposes the tax under s. 77.70 (2) fails to make the contribution to its retirement system's unfunded actuarial accrued liability, as required under s. 77.70 (2) (a), the department of revenue shall reduce the county's total of payments under ss. 79.035, 79.036, and 79.037 for that year by the amount of the unpaid contribution and direct the department of administration to pay that amount towards the retirement system's unfunded actuarial accrued liability.
2.
If in any year a county that imposes the tax under s. 77.70 (2) uses the revenue from that tax for an expenditure that is not authorized under s. 77.70 (2), the department of revenue shall reduce the county's total of payments under ss. 79.035, 79.036, and 79.037 for that year by the amount of the unauthorized expenditure and direct the department of administration to pay to the county the reduced amount.
(b)
1.
If in any year a municipality that imposes the tax under s. 77.701 fails to make the contribution to its retirement system's unfunded actuarial accrued liability, as required under s. 77.701 (1), the department of revenue shall reduce the municipality's total of payments under ss. 79.035, 79.036, and 79.037 for that year by the amount of the unpaid contribution and direct the department of administration to pay that amount towards the retirement system's unfunded actuarial accrued liability.
2.
If in any year a municipality that imposes the tax under s. 77.701 uses the revenue from that tax for an expenditure that is not authorized under s. 77.701, the department of revenue shall reduce the municipality's total of payments under ss. 79.035, 79.036, and 79.037 for that year by the amount of the unauthorized expenditure and direct the department of administration to pay to the municipality the reduced amount.
NOTE: This section is created eff. 7-1-24 by 2023 Wis. Act 12.
History:  2023 a. 12.
2023 Wisconsin Statutes & Annotations › Chapter 79 - State revenue sharing. › 79.08 - Corrections.

79.08
Corrections.
If the department of administration or the department of revenue determines by August 15 of the year following any distribution under this subchapter that there was an overpayment or underpayment made in any certification by the department of revenue or resulting from populations changed as a result of a final court determination or a census determination under s. 16.96 (2) (dm) or (e) or in the distribution by the department of administration, the overpayment or underpayment shall be corrected as provided in this section. No corrections to the elements of any distribution may be made after August 15 of the year following the distribution. Any overpayment shall be corrected by reducing the subsequent year's distribution under this subchapter. Any underpayment shall be corrected by increasing the subsequent year's distribution under this subchapter. Corrections shall be made in the distributions to all municipalities and counties affected by the error. Corrections shall be without interest.
History:  1973 c. 158, 333; 1977 c. 29; 1979 c. 34; 1981 c. 20; 1983 a. 27; 1985 a. 29; 1987 a. 27; 1989 a. 31, 336; 1991 a. 39.
2023 Wisconsin Statutes & Annotations › Chapter 79 - State revenue sharing. › 79.09 - Administration.

79.09
Administration.
Counties and municipalities shall submit the information required under this subchapter by the department of revenue on forms prescribed by the department. Annually, each county and municipality may contract with a certified public accountant licensed under ch. 442 to compile and submit to the department the information required.
History:  1975 c. 39; 1985 a. 29.
2023 Wisconsin Statutes & Annotations › Chapter 79 - State revenue sharing. › 79.096 - State aid; personal property.

79.096
State aid; personal property.
(1)
Beginning in 2019, and in each year thereafter, the department of administration shall pay to each taxing jurisdiction, as defined in s. 79.095 (1) (c), an amount equal to the property taxes levied on the items of personal property described under s. 70.111 (27) (b) for the property tax assessments as of January 1, 2017.
(2)
(a)
Each municipality shall report to the department of revenue, in the time and manner determined by the department, the amount of the property taxes levied on the items of personal property described under s. 70.111 (27) (b) for the property tax assessments as of January 1, 2017, on behalf of the municipality and on behalf of other taxing jurisdictions.
(b)
Each taxing jurisdiction shall report to the department of revenue, in the time and manner determined by the department, any information the department considers necessary to administer this section.
(3)
Each taxing jurisdiction shall attribute to each tax incremental district within the taxing jurisdiction the district's proportionate share of the amount the taxing jurisdiction receives under sub. (1). The amount that would have been paid to a tax incremental district under this subsection shall be distributed to the municipality and applicable taxing jurisdictions in the year following the termination of the tax incremental district and in each year thereafter. For a tax incremental district that terminated prior to July 10, 2021, if the tax incremental district was active for the 2017 tax year and would have received a payment under this subsection if not for its termination, the department of administration shall, with the distribution in 2022, distribute to the municipality and applicable taxing jurisdictions the sum of all such payments that would have been paid to the tax incremental district from its termination date to 2022 had the district not terminated. In 2023, and in each year thereafter, the department of administration shall distribute to the municipality and the applicable taxing jurisdictions the annual amount the tax incremental district would have received under this subsection.
(4)
The department of revenue shall certify the amount of the payment due each taxing jurisdiction under sub. (1) to the department of administration, and the department of administration shall make the payment on or before the first Monday in May.
History:  2017 a. 59; 2021 a. 61.
2023 Wisconsin Statutes & Annotations › Chapter 79 - State revenue sharing. › 79.0965 - State aid; repeal of personal property tax.

79.0965
State aid; repeal of personal property tax.
(1)
Beginning in 2025, the department of administration shall pay to each taxing jurisdiction, as defined in s. 79.095 (1) (c), an amount equal to the property taxes levied on the items of personal property described under s. 70.111 (28) for the property tax assessments as of January 1, 2023.
(2)
(a)
Each municipality shall report to the department of revenue, in the time and manner determined by the department, the amount of the property taxes levied on the items of personal property described under s. 70.111 (28) for the property tax assessments as of January 1, 2023, on behalf of the municipality and on behalf of other taxing jurisdictions.
(b)
Each taxing jurisdiction shall report to the department of revenue, in the time and manner determined by the department, any information the department considers necessary to administer this section.
(c)
If a municipality does not timely electronically file the report required by the department of revenue under par. (a), the following reductions will be made to the municipality's personal property aid distributed under sub. (1) in 2025:
1.
Reduction of 25 percent, if not filed by June 30, 2024.
2.
Forfeiture of the municipality's aid under sub. (1), if not filed by July 15, 2024.
(d)
If a municipality does not electronically file the report required by the department of revenue under par. (a) by July 15, 2024, the department may use the best information available to calculate the aid to distribute under sub. (1) in 2025 to the applicable taxing jurisdictions.
(3)
Each taxing jurisdiction shall attribute to each tax incremental district within the taxing jurisdiction the district's proportionate share of the amount the taxing jurisdiction receives under sub. (1). The amount that would have been paid to a tax incremental district under this subsection shall be distributed to the municipality and applicable taxing jurisdictions in the year following the termination of the tax incremental district and in each year thereafter.
(4)
The department of revenue shall certify the amount of the payment due each taxing jurisdiction under sub. (1) to the department of administration, and the department of administration shall make the payment on or before the first Monday in May.
History:  2023 a. 12, 19.
2023 Wisconsin Statutes & Annotations › Chapter 79 - State revenue sharing. › 79.097 - State aid; video service provider fee.

79.097
State aid; video service provider fee.
(1)
(a)
In 2020, each municipality that assesses a fee under s. 66.0420 (7) shall receive a payment equal to 0.5 percent of the gross receipts, as reported under sub. (2) (a), used as the basis for the actual fee revenues received by the municipality in 2018.
(b)
In 2021, each municipality that assesses a fee under s. 66.0420 (7) shall receive a payment equal to 1 percent of the gross receipts, as reported under sub. (2) (b), used as the basis for the actual fee revenues received by the municipality in 2019.
(c)
Beginning in 2022, annually, each municipality that assesses a fee under s. 66.0420 (7) shall receive a payment under this section equal the amount it received in 2021.
(2)
Each municipality that is eligible to receive a payment under this section shall report to the department of revenue the following information:
(a)
On or before August 15, 2019, the 2018 actual fee revenues from s. 66.0420 (7) and the estimated gross receipts on which the fee revenues are based.
(b)
On or before August 15, 2020, the 2019 actual fee revenues from s. 66.0420 (7) and the estimated gross receipts on which the fee revenues are based.
(c)
Any other information, provided in the time and manner determined by the department, that the department considers necessary for the administration of this section.
(3)
(a)
Annually, on or before October 1, the department of revenue shall notify each municipality that is eligible to receive a payment under this section of the amount of the payment that the municipality shall receive in the following year.
(b)
The department of revenue shall certify the amount of the payment due to each taxing jurisdiction under sub. (1) to the department of administration, and the department of administration shall make the payment on or before the 4th Monday in July.
History:  2019 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 79 - State revenue sharing. › 79.11 - Payment of tax credits.

79.11
Payment of tax credits.
(1)
The extension of the tax credits authorized by s. 79.10 on the tax roll shall be deemed payment of that portion of the total tax due on property to which such credits are applicable.
(2)
Except as provided in s. 79.10 (10) (d), the payment of the difference between the total tax which is due on any property less the amount of the tax credits applicable to such property authorized by this subchapter shall be considered payment in full of the property taxes due thereon in that year.
(3)
(a)
In those cities, villages and towns where the payment of property taxes is authorized to be made in installments, such installment payments shall be based on the net amount of taxes due after the tax credits authorized by this subchapter have been applied.
(b)
Notwithstanding ss. 74.11 (2) (b) and 74.12 (2) (b), the lottery and gaming credit shall be deducted in its entirety from the first installment. This paragraph does not apply to the payment of taxes in installments under s. 74.87.
History:  1971 c. 125 s. 411; Stats. 1971 s. 79.11; 1991 a. 39, 323; 1997 a. 27; 1999 a. 5.
2023 Wisconsin Statutes & Annotations › Chapter 79 - State revenue sharing. › 79.14 - School levy tax credit.

79.14
School levy tax credit.
The appropriation under s. 20.835 (3) (b), for the payments under s. 79.10 (4), is $319,305,000 in 1994, 1995, and 1996; $469,305,000 beginning in 1997 and ending in 2006; $593,050,000 in 2007; $672,400,000 in 2008; $747,400,000 in 2009; $732,550,000 in 2010, 2011, and 2012; $747,400,000 in 2013, 2014, and 2015; $853,000,000 in 2016 and 2017; and $940,000,000 in 2018, 2019, 2020, 2021, and 2022; and in fiscal year 2023-24, $1,195,000,000. Beginning in fiscal year 2024-25, the appropriation under s. 20.835 (3) (b), for the payments under s. 79.10 (4), is $1,275,000,000.
History:  1991 a. 39, 315; 1995 a. 27; 2005 a. 25; 2007 a. 20; 2009 a. 28; 2013 a. 20; 2015 a. 55; 2017 a. 59; 2023 a. 19.
2023 Wisconsin Statutes & Annotations › Chapter 79 - State revenue sharing. › 79.15 - Improvements credit.

79.15
Improvements credit.
The total amount paid each year to municipalities from the appropriation account under s. 20.835 (3) (b) for the payments under s. 79.10 (5m) is $75,000,000 in 2009, $145,000,000 in 2010, and $150,000,000 in 2011 and in each year thereafter.
History:  2007 a. 20; 2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 79 - State revenue sharing. › 79.175 - Excess tax credit corrections.

79.175
Excess tax credit corrections.
If a municipality applies excess tax credits on the tax roll under s. 79.10 (9), the municipal clerk shall correct the excess application by deducting the excess amount from the appropriate credits in the following year.
History:  1975 c. 39; 1981 c. 20, 314; 1985 a. 29 s. 3202 (56) (b), (f); 1991 a. 39.
2023 Wisconsin Statutes & Annotations › Chapter 79 - State revenue sharing. › 79.18 - Insufficient tax credit corrections.

79.18
Insufficient tax credit corrections.
If a municipality applies insufficient tax credits on the tax roll under s. 79.10 (9), the municipal clerk shall correct the deficiency by adding the deficient amount to the appropriate credits in the following year.
History:  1975 c. 39; 1981 c. 20; 1985 a. 29 s. 3202 (56) (b), (f); 1987 a. 27; 1991 a. 39.
2023 Wisconsin Statutes & Annotations › Chapter 82 - Town highways. › 82.01 - Definitions.

82.01
Definitions.
In this chapter, the following words and phrases have the designated meanings unless specifically noted:
(1)
“Department" means the department of transportation.
(2)
“Freeholder" means a person who owns a fee simple or life estate interest in land, a person who is a land contract vendee, or a person who has an interest in land arising under ch. 766.
(3)
“Highway order" means an order laying out, altering, or discontinuing a highway or a part of a highway, that contains a legal description of what the order intends to accomplish and a scale map of the land affected by the order.
(4)
“Laid out" means any formal act or process by which a municipality determines the location of a highway.
(5)
“Legal description" means a complete description of land without internal references to any other document, and shall be described in one of the following ways:
(a)
By metes and bounds commencing at a monument at the section or quarter section corner or at the end of a boundary line of a recorded private claim or federal reservation in which the annexed land is located and in one of the following ways:
1.
By government lot.
2.
By recorded private claim.
3.
By quarter section, section, township, and range.
(b)
If the land is located in a recorded and filed subdivision or in an area that is subject to a certified survey map, by reference as described in s. 236.28 or 236.34 (3).
(c)
If the land is depicted in a transportation project plat filed or recorded under s. 84.095, by reference as described in s. 84.095 (7) (a).
(6)
“Municipality" means a city, village, or town.
(7)
“Opened" means the completion of work on a highway that places the highway in a condition ready for public use.
(8)
“Recorded highway" means a highway for which the order laying out or altering the highway, or a certified copy of the order, has been recorded in the office of the register of deeds in the county in which the highway is situated or, for highways that were laid out or altered before January 1, 2005, in the office of the clerk of the town or the county in which the highway is situated.
(9)
“Town line highway" means a highway that runs on or across the boundary line between a town and another town, a village, or a city.
(10)
“Unrecorded highway" means a highway that is not a recorded highway.
(11)
“Worked" means action of the town in regularly maintaining a highway for public use, including hauling gravel, grading, clearing or plowing, and any other maintenance by or on behalf of the town on the road.
History:  2003 a. 214 s. 20, 154.
NOTE:  2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 82 - Town highways. › 82.05 - Superintendent of highways.

82.05
Superintendent of highways.
(1)
The term of office of highway superintendents shall be one year from the date of their appointment.
(2)
The superintendent of highways shall supervise the construction and maintenance of all highways in the superintendent's district that are required to be maintained by the town, and keep them passable at all times, and perform such other services in connection with the highways as the town board requires. The superintendent may arrange for the prosecution of the highway work as the superintendent considers necessary and appoint any overseers that the highway work requires.
(3)
When any highway under the superintendent's charge becomes impassable, the superintendent shall put the highway in passable condition as soon as practicable. Upon actual notice of the existence of any depression, ditch, hump, or embankment that impedes the use of any highway under the superintendent's charge, the superintendent, or in the absence of a superintendent the chairperson of the town board, shall as soon as practicable take action to make the highway safe for travel, which may include closing the highway.
(4)
The superintendent shall routinely notify the town board of all highway work.
History:  1991 a. 316; 2003 a. 214 ss. 117, 118, 157, 158; Stats. 2003 s. 82.05.
NOTE:  2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
The duty to keep highways passable is made mandatory by ss. 81.01 and 81.03 [now this section and s. 82.03], when read together. State ex rel. Cabott, Inc. v. Wojcik, 47 Wis. 2d 759, 177 N.W.2d 828 (1970).
2023 Wisconsin Statutes & Annotations › Chapter 82 - Town highways. › 82.09 - County aid for dams used for bridges.

82.09
County aid for dams used for bridges.
A town board may file a petition with the county board stating that the town board has voted to acquire the right to use a roadway on a dam. The petition shall contain a legal description and scale map of the dam and roadway, and shall state the amount agreed to be paid to the owner for the use of the roadway. Upon receipt of a petition, the county board shall appropriate a sum equal to 50 percent of the amount agreed to be paid for the use. The county board shall, on the order of the chairperson of the county board and county clerk, cause such sum to be paid to the treasurer of the town whenever the town board notifies the county highway commissioner that a contract for the use of the roadway has been executed.
History:  2003 a. 214 s. 151.
NOTE:  2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 82 - Town highways. › 82.10 - Initiation of procedures.

82.10
Initiation of procedures.
(1)
Application for highway changes. Six or more resident freeholders may apply to the town board to have a highway laid out, altered, or discontinued. The application shall be in writing and shall be delivered to the town clerk. The application shall contain all of the following:
(a)
A legal description of the highway to be discontinued or of the proposed highway to be laid out or altered.
(b)
A scale map of the land that would be affected by the application.
(2)
Resolution. Notwithstanding sub. (1), the town board may initiate the process of laying out, altering, or discontinuing a town highway by the introduction of a resolution. The resolution shall contain all of the following:
(a)
A legal description of the highway to be discontinued or of the proposed highway to be laid out or altered.
(b)
A scale map of the land that would be affected by the resolution.
(3)
Notice requirements. Upon receipt of an application under sub. (1) or the introduction of a resolution under sub. (2), the board shall provide notice of the time that and the place where it will meet to consider the application or resolution. The notice shall contain a legal description of the highway to be discontinued or of the proposed highway to be laid out or altered and a scale map of the land that would be affected by the application or resolution.
(4)
Notice recipients.
(a)
The town board or, at the town board's direction, the applicants shall publish a class 3 notice under ch. 985 and shall, at least 30 days before the hearing, give notice by registered mail to all of the following:
1.
The owners of record of lands through which the highway may pass.
2.
The owners of record of all lands abutting the highway.
3.
The department of natural resources.
4.
The county land conservation committee in each county through which the highway may pass.
5.
The secretary of transportation, if the highway that is the subject of the application or resolution is located within one-quarter mile of a state trunk highway or connecting highway.
6.
The commissioner of railroads, if there is a railroad highway crossing, within the portion of the highway that is the subject of the application or resolution.
(b)
If procedures are begun under sub. (1), the applicants shall bear the cost of publication. If the procedures are begun under sub. (2), the town shall bear the cost of publication.
(5)
Lis pendens. In the case of an application under sub. (1), the applicant shall file a lis pendens under s. 840.11. In the case of a resolution under sub. (2), the board shall file a lis pendens within 10 days of the introduction of the resolution.
History:  2003 a. 214 ss. 29, 34 to 38, 161; 2009 a. 107, 223.
NOTE:  2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 82 - Town highways. › 82.11 - Meeting.

82.11
Meeting.
(1)
The town supervisors shall personally examine the highway or proposed highway that is the subject of an application or resolution under s. 82.10. At the time and place stated in the notice under s. 82.10, the town board shall hold a public hearing to decide, in its discretion, whether granting the application or resolution is in the public interest. Before the town board holds a public hearing on or takes any action on the application or resolution, the town board must be satisfied, by affidavit of the applicant or otherwise, that the notices in s. 82.10 (4) have been given.
(2)
(a)
No town official may act in laying out, altering, or discontinuing a highway if acting would result in a violation of the code of ethics under s. 19.59 or of a local ordinance enacted under s. 19.59 (1m). If a town official is prevented from acting, the remaining town officials shall act.
(b)
Every town shall have a written policy on how the town board will act on an application or resolution when there are fewer than 2 supervisors in the town who are able to act on the application or resolution. In the absence of a policy, the town clerk may act. If the town clerk is prevented from acting, the treasurer may act.
History:  2003 a. 214 ss. 33, 40, 162.
NOTE:  2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 82 - Town highways. › 82.12 - Highway order.

82.12
Highway order.
(1)
A town board shall make a determination upon any application or resolution to lay out, alter, or discontinue any highway within 90 days after receipt of the application or introduction of a resolution.
(2)
If the board determines under sub. (1) to lay out, alter, or discontinue any highway, it shall issue a highway order. The highway order shall be recorded with the register of deeds for the county in which the highway is or will be located and shall be filed with the town clerk. The town clerk shall submit a certified copy of the order to the county highway commissioner. If the town has an official map, the order shall be incorporated into the official map.
(3)
The determination not to issue a highway order shall be final for one year. No application to lay out, alter, or discontinue a highway shall be filed within one year from the date of a determination not to issue a highway order covering the highway or portion of the highway covered in the refused application.
History:  2003 a. 214 ss. 42, 74, 76, 163.
NOTE:  2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 82 - Town highways. › 82.13 - Highways to school buildings.

82.13
Highways to school buildings.
Upon being notified that a public school in a town lacks highway access, the town board shall lay out a highway to the public school, using the procedures in this subchapter. No application for the highway shall be necessary. Section 82.12 (3) shall not apply to proceedings under this section.
History:  2003 a. 214 s. 72; Stats. 2003 s. 82.13.
NOTE:  2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 82 - Town highways. › 82.14 - Acquiring rights to land; damages from discontinuance.

82.14
Acquiring rights to land; damages from discontinuance.
(1)
Unless the acquisition can be made by mutual agreement, the town board shall utilize the procedures under s. 32.05 to acquire rights to land for the purpose of laying out or altering a town highway.
(2)
If lands acquired by contract for highway purposes are encumbered, and the owners of the fee and of the encumbrance do not agree on the allocation of any damages to be paid due to the taking, the damages may be paid to the clerk of the circuit court of the county in which the land is located. Upon the application of any interested party and upon not less than 5 days' written notice to the other party, the court may apportion the damages paid to the clerk among the parties.
(3)
An owner of property abutting on a discontinued highway whose property is damaged by the discontinuance may recover damages as provided in ch. 32.
History:  2003 a. 214 ss. 82, 164.
NOTE:  2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 82 - Town highways. › 82.15 - Appeal of a highway order.

82.15
Appeal of a highway order.
Any person aggrieved by a highway order, or a refusal to issue such an order, may seek judicial review under s. 68.13. If the highway is on the line between 2 counties, the appeal may be in the circuit court of either county.
History:  2003 a. 214.
NOTE:  2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
The judge's role is administrative and not judicial. Entry of judgment is beyond a circuit judge's jurisdiction under this section. Town Board v. Webb, 118 Wis. 2d 362, 348 N.W.2d 591 (Ct. App. 1984).
NOTE:  The above annotation cites to s. 80.17, the predecessor statute to this section.
This section contemplates certiorari review under s. 68.13 as the prescribed method for review of a highway order or of a refusal to issue such an order. Section 68.13 establishes both the procedure and a time limit for seeking review of a highway order under most circumstances. Inasmuch as the plaintiffs were seeking a determination that the town's refusal to issue a highway order was not in accordance with law, they should have proceeded under s. 68.13. Dawson v. Town of Jackson, 2011 WI 77, 336 Wis. 2d 318, 801 N.W.2d 316, 09-0120.
The 30-day period during which certiorari review is available for a town board's highway order to lay out, alter, or discontinue a highway begins to run on the date that the highway order is recorded by the register of deeds. Pulera v. Town of Richmond, 2017 WI 61, 375 Wis. 2d 676, 896 N.W.2d 342, 15-1016.
2023 Wisconsin Statutes & Annotations › Chapter 82 - Town highways. › 82.16 - Highway orders; presumptions.

82.16
Highway orders; presumptions.
(1)
Every order laying out, altering, or discontinuing a highway under this chapter, and any order restoring the record of a highway, shall be presumptive evidence of the facts therein stated and of the regularity of all the proceedings prior to the making of the order.
(2)
The validity of an order described in sub. (1), if fair on its face, is not open to collateral attack, but may be challenged in an action brought under s. 82.15.
(3)
It shall be presumed that a release was given by the owners of the lands over which the highway was laid out and the public shall be entitled to use the full width of the highway, as laid out, without further compensation if all of the following apply:
(a)
An order laying out the highway has been filed for more than 30 years.
(b)
No award of damages or agreement or release has been filed.
(c)
The highway, or a part of the highway, has been used by the public and public money has been expended on the highway for at least 5 years.
History:  1979 c. 323; 2003 a. 214 ss. 94 to 96, 166; Stats. 2003 s. 82.16; 2003 a. 327.
NOTE:  2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 82 - Town highways. › 82.17 - Highway papers, where filed.

82.17
Highway papers, where filed.
All applications, orders, awards, bonds, and other papers relating to the laying out, altering, or discontinuing of highways under this chapter shall be promptly filed in the office of the town, city, or village clerk where the highway is located, except as otherwise specifically provided in this chapter.
History:  2003 a. 214 s. 93; Stats. 2003 s. 82.17.
NOTE:  2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 82 - Town highways. › 82.18 - Width of highways.

82.18
Width of highways.
Except as otherwise provided in this chapter, highways laid out under this chapter shall be laid out at least 66 feet wide unless, in the town board's discretion, that width is impractical. If the town board determines that a 66-foot width is impractical, the width shall be determined by the town board but shall be at least 49.5 feet in width. When no width is specified in the highway order, the highway shall be 66 feet wide.
History:  1999 a. 97; 2003 a. 214 s. 43; Stats. 2003 s. 82.18.
NOTE:  2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 82 - Town highways. › 82.19 - Discontinuance of highways.

82.19
Discontinuance of highways.
(1)
An unrecorded highway, or any part of an unrecorded highway, that has become or is in the process of becoming a public highway by user in any town may be discontinued using the procedures under ss. 82.10 to 82.12. Any proceedings to discontinue an unrecorded highway shall not be evidence of the acceptance at any time by the town of the highway or any part of the highway.
(2)
(a)
Every highway shall cease to be a public highway 4 years from the date on which it was laid out, except the parts of the highway that have been opened, traveled, or worked within that time.
(b)
1.
In this paragraph, “ vehicular travel" means travel using any motor vehicle required to be registered under ch. 341 or exempt from registration under s. 341.05.
2.
Any highway that has been entirely abandoned as a route of vehicular travel, and on which no highway funds have been expended for 5 years, shall be considered discontinued.
(c)
This subsection does not apply to state or county trunk highways or to any highway, street, alley, or right-of-way that provides public access to a navigable lake or stream.
History:  2003 a. 214 ss. 83 to 85, 92, 167.
NOTE:  2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
Whether a highway has been entirely abandoned for a discontinuation to occur under sub. (2) depends on whether the highway has remained open to all who had occasion to use it. Even if a single family and their guests used the highway, that could be sufficient to keep it from being abandoned. Lange v. Tumm, 2000 WI App 160, 237 Wis. 2d 752, 615 N.W.2d 187, 99-3247.
An owner may not convert a public highway to a private road by taking control of the road and leading others to believe that they need permission to use it, even when the state or local government has discontinued maintenance of the road. A public highway is not entirely abandoned if it is used only by the owner of the land over which the highway lies. Under sub. (2), the identity of the user is irrelevant. Markos v. Schaller, 2003 WI App 174, 266 Wis. 2d 470, 668 N.W.2d 755, 02-1824.
That a roadway was overgrown and difficult or impossible for vehicles to travel without damage and that members of the public sought permission to use the road were considerations that underpinned a finding that the road was not open to all. Povolny v. Totzke, 2003 WI App 184, 266 Wis. 2d 852, 668 N.W.2d 834, 02-3011.
NOTE:  The above annotations cite to s. 80.32 (1) or (2), the predecessor statutes to this section.
To establish abandonment under this section, the higher burden of proof of clear and convincing evidence, rather than the lower preponderance of the evidence standard, must be applied. Town of Schoepke v. Rustick, 2006 WI App 222, 296 Wis. 2d 471, 723 N.W.2d 770, 05-3183.
2023 Wisconsin Statutes & Annotations › Chapter 82 - Town highways. › 82.20 - Removal of fences from highway; notice.

82.20
Removal of fences from highway; notice.
(1)
If the town board issues an order to lay out or alter a highway through enclosed, cultivated, or improved lands, the town board or highway superintendent shall give the owner or occupant of the lands through which the proposed highway will pass written notice of its, his, or her intent to remove the fences in the path of the new or altered highway. The notice shall state when the town board or highway superintendent intends to remove the fences, which shall not be less than 30 days from the date on which the notice was given to the owner or occupant. If the owner or occupant does not remove the fences before the time stated in the notice, the town board or highway superintendent shall remove the fences and may charge the landowner for the costs of the removal under s. 66.0627.
(2)
The notice under sub. (1) shall not be sent until the time for filing an appeal under s. 82.15 has expired and no appeal was taken or until all appeals under s. 82.15 have been brought to a final determination.
(3)
This section does not authorize the opening of a highway through enclosed, cultivated, or improved lands or the removal of fences between May 15 and September 15, except in cases of emergency to be determined by the town board.
History:  1991 a. 316; 1999 a. 97; 2003 a. 214 ss. 77 to 79; Stats. 2003 s. 82.20.
NOTE:  2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 82 - Town highways. › 82.23 - Municipal line bridges.

82.23
Municipal line bridges.
Unless otherwise provided by statute or agreement, every highway bridge on a city, village, or town boundary shall be repaired and maintained by any adjoining municipality in which the bridge is located. The cost of repairs and maintenance shall be paid by the adjoining municipalities in proportion to the last equalized valuation of the property in the adjoining municipalities.
History:  2003 a. 214 s. 54.
NOTE:  2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 82 - Town highways. › 82.25 - Highway taxes for limited-use road.

82.25
Highway taxes for limited-use road.
Notwithstanding s. 60.10 (1) (a) and (2) (a), the town board may levy and collect a tax on property located in a recorded and filed plat that existed on January 1, 2003, situated in a town requiring the approval of such town board, and adjoining a private road used by the public located therein, and on property adjoining, where the owner regularly uses such road which is not a portion of any town, county, state, or federal highway system, not exceeding 3 mills for each dollar of assessed valuation thereof. The proceeds of the tax shall be expended for the improvement and maintenance of any private roads used by the public located within the recorded and filed plat. The town board shall not expend any of the funds collected under this section upon a private driveway.
History:  1985 a. 29; 1991 a. 316; 1997 a. 35; 1999 a. 96; 2003 a. 214 s. 129.
NOTE:  2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 82 - Town highways. › 82.28 - Highways and bridges on state boundaries.

82.28
Highways and bridges on state boundaries.
The board of any town or county that is bounded in part by a river or a highway that is also a state boundary line may enter into an agreement with any adjoining municipality or county in the other state for the maintenance, construction, and reconstruction of boundary line highways and bridges. The costs shall be apportioned by agreement.
History:  2003 a. 214.
NOTE:  2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 82 - Town highways. › 82.29 - Highways abutted by state park lands; discontinuance or relocation.

82.29
Highways abutted by state park lands; discontinuance or relocation.
Any part of a highway lying wholly within state park lands may be discontinued or relocated by the state agency having jurisdiction over the state park by filing written notice of the discontinuance or relocation with the clerk of the municipality that has jurisdiction over the highway and upon approval by the municipality after holding a hearing as provided in s. 82.10. No discontinuance or relocation under this section may deprive a landowner of all highway access. This section does not apply to state trunk highways or connecting highways.
History:  1977 c. 29 s. 1654 (3); 2003 a. 214 s. 30; Stats. 2003 s. 82.29.
NOTE:  2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 82 - Town highways. › 82.33 - Lost records; how restored; effect.

82.33
Lost records; how restored; effect.
(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.
(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.
(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.
History:  1999 a. 97; 2003 a. 214 s. 98; Stats. 2003 s. 82.33.
NOTE:  2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 82 - Town highways. › 82.35 - Temporary highways and detours; damages.

82.35
Temporary highways and detours; damages.
(1)
The town board, upon its own motion, may lay out and open temporary highways through any lands in the following situations:
(a)
When any highway is practically impassable or dangerous to travel.
(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.
(2)
(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.
(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.
(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.
(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.
(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.
History:  1991 a. 316; 2003 a. 214 ss. 124 to 127, 172; Stats. 2003 s. 82.35.
NOTE:  2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 82 - Town highways. › 82.37 - Tunnel under highway by landowner.

82.37
Tunnel 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.
History:  1989 a. 56, 359; 2003 a. 214 s. 138; Stats. 2003 s. 82.37.
NOTE:  2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 82 - Town highways. › 82.50 - Town road standards.

82.50
Town road standards.
(1)
The following minimum geometric design standards are established for improvements on town roads: - See PDF for table
(a)
Local service, intermittent traffic
1.
Right-of-way   3 rods
2.
Roadway width   20 feet
3.
Surface width   16 feet
(b)
Under 100 ADT
1.
Right-of-way   3 rods
2.
Roadway width   24 feet
3.
Surface width   18 feet
4.
Maximum grades   9 percent-11 percent
(c)
100 to 250 ADT
1.
Right-of-way   4 rods
2.
Roadway width   26 feet
3.
Surface width   20 feet
4.
Maximum grades   8 percent-11 percent
(d)
251 to 400 ADT
1.
Right-of-way   4 rods
2.
Roadway width   32 feet
3.
Surface width   22 feet
4.
Maximum grades   6 percent-8 percent
5.
Curvature   6°-12.5°
(e)
401 to 1,000 ADT
1.
Right-of-way   4 rods
2.
Roadway width   34 feet
3.
Surface width   22 feet
4.
Maximum grades   5 percent-8 percent
5.
Curvature   5 °-12.5°
(f)
1,001 to 2,400 ADT
1.
Right-of-way   4 rods
2.
Roadway width   44 feet
3.
Surface width   24 feet
4.
Maximum grades   5 percent-7 percent
5.
Curvature   4.5°-7.5°
(g)
Over 2,400     State trunk standards
(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.
(3)
This section does not apply to improvements on town roads existing on October 1, 1992.
History:  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.
NOTE:  2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
This 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.
Sub. (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.
2023 Wisconsin Statutes & Annotations › Chapter 82 - Town highways. › 82.51 - Rules for town road bridge standards.

82.51
Rules for town road bridge standards.
The department shall establish by rule uniform minimum design standards for the improvement of town road bridges.
History:  1981 c. 20; 1987 a. 137 s. 6; 2003 a. 214 s. 83; Stats. 2003 s. 82.51.
NOTE:  2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
2023 Wisconsin Statutes & Annotations › Chapter 82 - Town highways. › 82.52 - Rules for town road standards.

82.52
Rules for town road standards.
The department shall establish by rule uniform minimum geometric standards for the improvement of existing town roads.
History:  1991 a. 39; 2003 a. 214 s. 184; Stats. 2003 s. 82.52.
NOTE:  2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.