Wisconsin Administrative Code › Department of Transportation › Chapter Trans 233 - Division of land abutting a state trunk highway or connecting highway › Section Trans 233.08 - Setback requirements and restrictions

Current through June 24, 2024
(1) Except as
			 provided in this section or in s.
			 Trans 233.11
			 or, with respect to connecting highways, as provided in s.
			 86.16(1),
			 Stats., no person may erect, install or maintain any structure or improvement
			 within a setback area determined under sub. (2) or (3).
(2)
(a)
			 Except as provided in par. (b), the setback area is the area within 110 feet of
			 the centerline of a state trunk highway or connecting highway or within 50 feet
			 of the nearer right-of-way line of a state trunk highway or connecting highway,
			 whichever is furthest from the centerline.
(b) If an applicable ordinance allows
			 structures or improvements to be located closer to the right-of-way of a state
			 trunk highway or connecting highway than is provided under par. (a), the
			 setback area is the area between the right-of-way and the more restrictive of
			 the following:
1. The distance allowed under
			 the ordinance.
2. 42 feet from the
			 nearer right-of-way line.
3. 100
			 feet from the centerline.
(c) At least once every 2 years, the
			 department shall produce general reference maps that generally identify major
			 intersections and the highways specified in subds. 1. to 5. The department may
			 reduce or extend, by not more than 3 miles along the highway, the area subject
			 to a setback established under par. (a) or (b) to establish logical continuity
			 of a setback area or to terminate the setback area at a readily identifiable
			 physical feature or legal boundary, including a highway or property boundary.
			 Persons may seek special exceptions to the setback requirement applicable to
			 these major intersections and highways, as provided in s.
			 Trans
			 233.11(3). The setback area
			 established under par. (a) or (b) applies only to major intersections and to
			 highways identified as:
1. State trunk
			 highways and connecting highways that are part of the national highway system
			 and approved by the federal government in accordance with
			 23 USC
			 103(b) and 23 CFR
			 470.107(b).
2. State trunk highways
			 and connecting highways that are functionally classified as principal arterials
			 in accordance with procedure 4-1-15 of the department's facilities development
			 manual dated July 2, 1979.
3. State
			 trunk highways and connecting highways within incorporated areas, within an
			 unincorporated area within 3 miles of the corporate limits of a first, second
			 or third class city, or within an unincorporated area within 1½ miles of
			 a fourth class city or a village.
4. State trunk highways and connecting
			 highways with average daily traffic of 5,000 or more.
5. State trunk highways and connecting
			 highways with current and forecasted congestion projected to be worse than
			 level of service "C," as determined under s.
			 Trans
			 210.05(1), within the following 20
			 years.
Note: The National Highway System (NHS) includes the Interstate
				System, Wisconsin's Corridors 2020 routes, and other important routes. Highways
				on the NHS base system were designated by the Secretary of USDOT and approved
				by Congress in the National Highway System Designation Act of 1995. NHS
				Intermodal Connector routes were added in 1998 with the enactment of the
				Transportation Equity Act for the 21st Century. Modifications to the NHS must
				be approved by the Secretary of USDOT. Guidance criteria and procedures for the
				functional classification of highways are provided in (1) the Federal Highway
				Administration (FHWA) publication 'Highway Functional Classification-Concepts,
				Criteria and Procedures" revised in March 1989, and (2) former ch. Trans 76.
				The federal publication is available on request from the FHWA, Office of
				Environment and Planning, HEP-10, 400 Seventh Street, SW., Washington, DC
				20590. Former ch. Trans 76 is available from the Wisconsin Department of
				Transportation, Division of Transportation Investment Management, Bureau of
				Planning. The results of the functional classification are mapped and submitted
				to the Federal Highway Administration (FHWA) for approval and when approved
				serve as the official record for Federal-aid highways and one basis for
				designation of the National Highway System. In general, the highway functional
				classifications are rural or urban: Principal Arterials, Minor Arterials, Major
				Collectors, Minor Collectors, and Local Roads. The definition of "level of
				service" used for this paragraph is the same as in ss.
				Trans
				210.03(4) and
				210.05(1) for
				purposes of the MAJOR HIGHWAY PROJECT NUMERICAL EVALUATION PROCESS. In general,
				the "level of service" refers to the ability of the facility to satisfy both
				existing and future travel demand. Six levels of service are defined for each
				type of highway facility ranging from A to F, with level of service A
				representing the best operating conditions and level of service F the worst.
				Department engineers will use the procedures outlined in the general design
				consideration guidelines in Chapter 11 , Section 5 of the Wisconsin Department
				of Transportation's Facilities Development Manual to determine the level of
				highway service. Under the rule as effective February 1, 1999, s. Trans
				233.08(1) provides 4 ways to erect something in a setback area (1) for
				utilities, follow the procedures set forth in the rule, (2) obtain a variance
				(now "special exception"), (3) for utilities, get local approval for utilities
				on or adjacent to connecting highways, or for utilities within the right of way
				of state trunk highways, get department approval (a mere "technical"
				exception), and (4) erect something that doesn't fall within the definition of
				"structure" or within the definition of "improvement." The provision below now
				adds a fifth "exception," (5) be 15 feet or more outside the right of way line
				of a defined and mapped set of highways.
(d) In addition to producing general
			 reference maps at least once every 2 years that identify highways and
			 intersections under par. (c), at least every 2 years the department shall also
			 produce more detailed reference maps suitable for use in the geographic area of
			 each district office.