Wisconsin Administrative Code › Department of Transportation › Chapter Trans 233 - Division of land abutting a state trunk highway or connecting highway › Section Trans 233.05 - Direct access to state trunk highway or connecting highway

Current through June 24, 2024
(1) No land divider
			 may divide land in such a manner that a private road or driveway connects with
			 a state trunk highway or connecting highway or any service road lying partially
			 within the right-of-way of a state trunk highway or connecting highway, unless
			 the land divider has received a special exception for that purpose approved by
			 the department, district office or reviewing municipality under s.
			 Trans 233.11.
			 The following restriction shall be placed on the face of the land division map,
			 or as part of the owner's certificate required under s.
			 236.21(2)
			 (a), Stats., and shall be executed in the
			 manner specified for a conveyance:
"All lots and blocks are hereby restricted so that no owner,
				possessor, user, licensee or other person may have any right of direct
				vehicular ingress from or egress to any highway lying within the right-of-way
				of (U.S.H.)(S.T.H.) __________________________ or ________________ Street; it
				is expressly intended that this restriction constitute a restriction for the
				benefit of the public as provided in s.
				236.293,
				Stats., and shall be enforceable by the department or its assigns. Any access
				shall be allowed only by special exception. Any access allowed by special
				exception shall be confirmed and granted only through the driveway permitting
				process and all permits are revocable."
Note: The denial of a special exception for access or
				connection purposes is not the functional equivalent of the denial of a permit
				under s.
				86.07(2),
				Stats. Appeal of disapproval of a plat (and thus disapproval of a special
				exception) is available only by certiorari under s.
				236.13(5),
				Stats. There is no right to a contested case hearing under ss.
				227.42
				or
				227.51(1),
				Stats., for the denial of a special exception.
(2) The department may require a desirable
			 traffic access pattern between a state trunk highway or connecting highway and
			 unplatted lands that abut the proposed land division and that are owned by or
			 under option, whether formal or informal, contract or lease to the owner. The
			 department may require a recordable covenant running with the land with respect
			 to those unplatted lands.
(3) No
			 person may connect a highway or a private road or driveway with a state trunk
			 highway, connecting highway, or with a service road lying partially within the
			 right-of-way of a state trunk highway or connecting highway, without first
			 obtaining a permit under s.
			 86.07,
			 Stats. The department may not issue a permit authorizing the connection of a
			 highway with a state trunk highway or connecting highway to any person other
			 than a municipality or county. The department may not issue any permit under s.
			 86.07,
			 Stats., prior to favorable department review of the preliminary or final land
			 division map or, for a subdivision plat, prior to the department's
			 certification of no objection.
Note: The authority maintaining the highway is the one that
				issues, denies or places conditions on any permit issued under s.
				86.07(2),
				Stats. Cities and villages are responsible for the maintenance of connecting
				highways under s.
				86.32(1),
				Stats. Cities and villages must condition any permit issued with respect to a
				connecting highway upon compliance with all requirements imposed pursuant to
				this chapter.
(4) Whenever
			 the department finds that existing and planned highways provide the land
			 division with reasonable and adequate access to a highway, the department shall
			 prohibit the connection to a state trunk highway or connecting highway of any
			 highway and private road or driveway from within the land division.
Rules governing construction of driveways and other
				  connections with a state trunk highway are found in ch. Trans 231. Detailed
				  specifications may be obtained at the Department's district offices.