Wisconsin Administrative Code › Department of Transportation › Chapter Trans 233 - Division of land abutting a state trunk highway or connecting highway › Section Trans 233.015 - Definitions

Current through June 24, 2024
Words and phrases used in this chapter have the meanings given
				in s.
				340.01,
				Stats., unless a different definition is specifically provided. In this
				chapter:
(1) "Certified survey map" or
			 "CSM" means a map that complies with the requirements of s.
			 236.34,
			 Stats.
(1m) "Desirable traffic
			 access pattern" means traffic access that is consistent with the technical and
			 professional guidance provided in the department's facilities development
			 manual.
Note: Guidelines established in the Department's Facilities
				Development Manual are not considered "rules," as defined in s.
				227.01(13),
				Stats., and so are not subject to the requirements under s.
				227.10,
				Stats.
(1r) "District
			 office" means an office of the division of transportation districts of the
			 department.
(2) "Improvement" means
			 any permanent addition to or betterment of real property that involves the
			 expenditure of labor or money to make the property more useful or valuable.
			 "Improvement" includes parking lots, driveways, loading docks, in-ground
			 swimming pools, wells, septic systems, retaining walls, signs, buildings,
			 building appendages such as porches, and drainage facilities. "Improvement"
			 does not include sidewalks, terraces, patios, landscaping and open
			 fences.
(2m) "In-ground swimming
			 pool" includes a swimming pool that is designed or used as part of a business
			 or open to use by the general public or members of a group or association.
			 "In-ground swimming pool" does not include any above-ground swimming pools
			 without decks.
(3) "Land divider"
			 means the owner of land that is the subject of a land division or the land
			 owner's agent for purposes of creating a land division.
(4) "Land division" means a division under s.
			 236.12,
			 236.34,
			 236.45
			 or
			 703.11, Stats.,
			 or other means not provided by statute, of a lot, parcel or tract of land by
			 the owner or the owner's agent for the purposes of sale or of building
			 development.
(5) "Land division
			 map" means an official map of a land division, including all certificates
			 required as a condition of recording the map.
(5m) "Major intersection" means the area
			 within one-half mile of the intersection or interchange of any state trunk
			 highway or connecting highway with a designated expressway, or freeway, under
			 s.
			 84.295,
			 Stats., or a designated interstate highway under s.
			 84.29,
			 Stats.
(6) "Public utility" means
			 any corporation, company, individual or association that furnishes products or
			 services to the public, and that is regulated under ch. 195 or 196, Stats.,
			 including railroads, telecommunications or telegraph companies, and any company
			 furnishing or producing heat, light, power, cable television service or water,
			 or a rural electrical cooperative, as described in s.
			 32.02(10),
			 Stats.
(6m) "Reviewing
			 municipality" means a city or village to which the department has delegated
			 authority to review and object to land divisions under s.
			 Trans
			 233.03(7).
(6r) "Secretary" means the secretary of the
			 department of transportation.
(7)
			 "Structure" includes a temporary or non-permanent addition to or betterment of
			 real property that is portable in nature, but that adversely affects the safety
			 of entrance upon or departure from state trunk or connecting highways or the
			 preservation of public interest and investment in those highways, as determined
			 by the department. "Structure" does not include portable swing sets, movable
			 lawn sheds without pads or footings, and above ground swimming pools without
			 decks.
(7m) "Technical land
			 division" means a land division involving a structure or improvement that has
			 been situated on the real property for at least 5 years, does not result in any
			 change to the use of existing structures and improvements and does not
			 negatively affect traffic. "Technical land division" includes the conversion of
			 an apartment building that has been in existence for at least 5 years to
			 condominium ownership, the conversion of leased commercial spaces in a shopping
			 mall that has been in existence for at least 5 years to owned spaces, and the
			 exchange of deeds by adjacent owners to resolve mutual encroachments.
(8) "Unplatted" means not legally described
			 by a plat, land division map, certified survey map or condominium
			 plat.
(8m) "User" means a person
			 entitled to use a majority of the property to the exclusion of
			 others.
(9) "Utility facility"
			 means any pipe, pipeline, duct, wire line, conduit, pole, tower, equipment or
			 other structure used for transmission or distribution of electrical power or
			 light or for the transmission, distribution or delivery of heat, water, gas,
			 sewer, telegraph or telecommunication service, cable television service or
			 broadcast service, as defined in s.
			 196.01(1m),
			 Stats.