Wisconsin Administrative Code › Department of Transportation › Chapter Trans 233 - Division of land abutting a state trunk highway or connecting highway › Section Trans 233.105 - Noise, vision corners and drainage

Current through June 24, 2024
(1) NOISE. When
			 noise barriers are warranted under the criteria specified in ch. Trans 405, the
			 department is not responsible for any noise barriers for noise abatement from
			 existing state trunk highways or connecting highways. Noise resulting from
			 geographic expansion of the through-lane capacity of a highway is not the
			 responsibility of the owner, user or land divider. In addition, the following
			 notation shall be placed on the land division map:
"The lots of this land division may experience noise at levels
				exceeding the levels in s.
				Trans
				405.04, Table I. These levels are based on federal
				standards. The department of transportation is not responsible for abating
				noise from existing state trunk highways or connecting highways, in the absence
				of any increase by the department to the highway's through-lane
				capacity."
Note: Some land divisions will result in facilities located in
				proximity to highways where the existing noise levels will exceed recommended
				federal standards. Noise barriers are designed to provide noise protection only
				to the ground floor of abutting buildings and not other parts of the building.
				Noise levels may increase over time. Therefore, it is important to have the
				caution placed on the land division map to warn owners that the department is
				not responsible for further noise abatement for traffic and traffic increases
				on the existing highway, in the absence of any increase by the department to
				the highway's through-lane capacity.
(2) VISION CORNERS. The department may
			 require the owner to dedicate land or grant an easement for vision corners at
			 the intersection of a highway with a state trunk highway or connecting highway
			 to provide for the unobstructed view of the intersection by approaching
			 vehicles. The owner shall have the choice of providing the vision corner by
			 permanent easement or by dedication. If the department requires such a
			 dedication or grant, the owner shall include the following notation on the land
			 division map:
"No structure or improvement of any kind is permitted within
				the vision corner. No vegetation within the vision corner may exceed 30 inches
				in height."
Note: Guide dimensions for vision corners are formally adopted
				in the Department's Facilities Development Manual, Chapter 11, pursuant to s.
				227.01(13)
				(e), Stats.
(3) DRAINAGE. The owner of land that directly
			 or indirectly discharges stormwater upon a state trunk highway or connecting
			 highway shall submit to the department a drainage analysis and drainage plan
			 that assures to a reasonable degree, appropriate to the circumstances, that the
			 anticipated discharge of stormwater upon a state trunk highway or connecting
			 highway following the development of the land is less than or equal to the
			 discharge preceding the development and that the anticipated discharge will not
			 endanger or harm the traveling public, downstream properties or transportation
			 facilities. Various methods of hydrologic and hydraulic analysis consistent
			 with sound engineering judgment and experience and suitably tailored to the
			 extent of the possible drainage problem are acceptable. Land dividers are not
			 required by this subsection to accept legal responsibility for unforeseen acts
			 of nature or forces beyond their control. Nothing in this subsection relieves
			 owners or users of land from their obligations under s.
			 88.87(3)
			 (b), Stats.
In sec. 88.87 (1), Stats., the Legislature has recognized
				  that development of private land adjacent to highways frequently changes the
				  direction and volume of flow of surface waters. The Legislature found that it
				  is necessary to control and regulate the construction and drainage of all
				  highways in order to protect property owners from damage to lands caused by
				  unreasonable diversion or retention of surface waters caused by a highway and
				  to impose correlative duties upon owners and users of land for the purpose of
				  protecting highways from flooding or water damage. Wisconsin law, sec. 88.87
				  (3), Stats., imposes duties on every owner or user of land to provide and
				  maintain a sufficient drainage system to protect downstream and upstream
				  highways. Wisconsin law, sec. 88.87 (3) (b), Stats., provides that whoever
				  fails or neglects to comply with this duty is liable for all damages to the
				  highway caused by such failure or neglect. The authority in charge of
				  maintenance of the highway may bring an action to recover such damages, but
				  must commence the action within 90 days after the alleged damage occurred.
				  Section
				  893.59,
				  Stats. Additional guidance regarding drainage may be found in Chapter 13 and
				  Procedure 13-1-1 of the Department's Facilities Development Manual.