Wisconsin Administrative Code › Department of Transportation › Chapter Trans 75 - Bikeways and sidewalks in highway projects › Section Trans 75.02 - When bikeways and sidewalks are required

Current through June 24, 2024
(1) Except as
			 provided in this chapter, the authority shall include bikeways and sidewalks in
			 all new highway construction and reconstruction projects funded in whole or in
			 part from state funds or federal funds appropriated under s.
			 20.395
			 or
			 20.866,
			 Stats.
(2) In this chapter,
			 sidewalks and bikeways shall be considered separately. If sidewalks and
			 bikeways cannot both be accommodated, consideration shall be given to sidewalks
			 before adding bikeways.
(3) Paths
			 can be used to supplement on-road bicycle accommodations. In exceptional
			 situations a path may substitute for on-road bicycle accommodations if the use
			 is consistent with the department's Bicycle Facility Design Handbook and the
			 department's Facilities Development Manual and the substitution is approved in
			 writing by the secretary's designee who has knowledge of the purpose and design
			 of bicycle and pedestrian accommodations. A path may be considered along a
			 controlled access highway, as defined in s.
			 990.01(5r),
			 Stats., having a speed limit of 45 miles per hour or higher.
Note: The Department's Bicycle Facility Design Handbook is
				available online at:
http://www.dot.wisconsin.gov/projects/state/docs/bike-facility.pdf
.The
				Facilities Development Manual is available online at:
http://roadwaystandards.dot.wi.gov/standards/fdm/index.htm
.
(4) The department shall refuse to
			 provide any state funds or federal funds appropriated under s.
			 20.395
			 or
			 20.866, Stats., for
			 any highway construction or reconstruction project that does not include
			 bikeways and sidewalks required under s.
			 84.01(35),
			 Stats., and not excepted by this chapter. If an authority determines to omit
			 any bikeway or sidewalk under this chapter, the department may request from the
			 authority a written justification for the omission and shall deny state funds
			 or federal funds appropriated under s.
			 20.395
			 or
			 20.866, Stats., for
			 the project if the department determines the omission is not justified under
			 this chapter.
(5) Notwithstanding
			 sub. (1), bikeways and sidewalks are not required to be included in any highway
			 construction or reconstruction project that is any of the following:
(a) Has a program level scoping document
			 consistent with life cycle 11 of the department's Facilities Development Manual
			 or, for projects undertaken by a local unit of government, a similar document
			 as determined by the department, in place as of January 1, 2011.
Note: The Facilities Development Manual is available online
				at:
http://roadwaystandards.dot.wi.gov/standards/fdm/index.htm
.
(b) Let for bid that is first
			 advertised before January 1, 2011, or for projects for which no bid is
			 advertised or undertaken under a contract signed before January 1,
			 2011.
(c) Described in a final
			 environmental impact statement that is approved before January 1,
			 2011.
(d) Documented in an
			 environmental report, as defined in s.
			 Trans
			 400.04(10), completed before January
			 1, 2011, that fit the criteria or conditions for approval as a categorical
			 exclusion in
			 23 CFR
			 771.117, April 1, 2000.
(e) The subject of a finding of no
			 significant impact made under ch. Trans 400 before January 1, 2011.