Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB422 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 422
5	5	September 19, 2023 - Introduced by Representatives MURPHY, O'CONNOR, BODDEN,
6	6	DITTRICH, GREEN, GUNDRUM and WITTKE, cosponsored by Senators TOMCZYK
7	7	and FEYEN. Referred to Committee on Transportation.
8	8	*AUTHORS SUBJECT TO CHANGE*
9	9	AN ACT to amend 236.13 (1) (e); and to create 86.074 of the statutes; relating
10	10	to: highway setback areas and the Department of Transportation's authority
11	11	to approve subdivision plats.
12	12	Analysis by the Legislative Reference Bureau
13	13	This bill limits the authority of the Department of Transportation with regard
14	14	to any highway setback requirements maintained by DOT. In particular, under the
15	15	bill, the authority of DOT is limited in the following ways:
16	16	1. A setback area regulated by DOT may not extend more than 50 feet from the
17	17	nearest edge of the right-of-way of the highway.
18	18	2. Any setback requirements imposed by DOT may regulate only structures
19	19	that adversely affect the safety of entrance upon or departure from state trunk or
20	20	connecting highways or the preservation of public interest and investment in those
21	21	highways.
22	22	3. DOT must provide a procedure by which a person affected by setback
23	23	requirements may request a variance to a requirement.
24	24	4. DOT must provide accurate and current information about its setback
25	25	requirements on its website.
26	26	Under current law, DOT reviews, and has the right to object to, maps of certain
27	27	divisions of land that abut or adjoin state trunk highways or connecting highways
28	28	(plats). Currently, DOT reviews a plat to determine whether DOT has any objection
29	29	based on the plat failing to comply with the rules of DOT relating to provision for the
30	30	safety of entrance upon and departure from the abutting state trunk highways or
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36	36	connecting highways and for the preservation of the public interest and investment
37	37	in such highways. The bill specifies that, as part of DOT's review, DOT must review
38	38	the plat for compliance with DOT's requirements regarding variance requests
39	39	related to setbacks created in the bill.
40	40	For further information see the state fiscal estimate, which will be printed as
41	41	an appendix to this bill.
42	42	The people of the state of Wisconsin, represented in senate and assembly, do
43	43	enact as follows:
44	44	SECTION 1. 86.074 of the statutes is created to read:
45	45	86.074 Highway setback areas. (1) In this section:
46	46	(a) “Highway setback area” means an area abutting a highway in which the
47	47	construction or placement of structures is subject to requirements imposed by the
48	48	department.
49	49	(b) “Structure” includes a temporary or permanent addition to or betterment
50	50	of real property that is not portable in nature. “Structure” does not include items
51	51	such as portable swing sets, movable lawn sheds without pads or footings, above
52	52	ground swimming pools without decks, sidewalks, bike paths, storm water facilities,
53	53	or natural features, including landscaping or berms.
54	54	(c) “Substantial evidence” means facts and information, other than merely
55	55	personal preferences or speculation, directly pertaining to public safety or the
56	56	requirements and conditions an applicant must meet to obtain a variance and that
57	57	reasonable persons would accept in support of a conclusion.
58	58	(2) All of the following apply to any highway setback area maintained by the
59	59	department:
60	60	(a) The highway setback area may not extend more than 50 feet from the
61	61	nearest edge of the right-of-way of the highway.
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82	82	SECTION 1
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84	84	(b) The requirements imposed by the department may regulate only structures
85	85	that adversely affect the safety of entrance upon or departure from state trunk or
86	86	connecting highways or the preservation of public interest and investment in those
87	87	highways, as determined by the department in its reasonable discretion.
88	88	(c) The requirements imposed by the department shall include a specification
89	89	of requirements and conditions that may be imposed as a condition of granting a
90	90	variance to a requirement.
91	91	(d) The requirements imposed by the department shall include a procedure by
92	92	which a person affected by a highway setback area may request a variance to a
93	93	requirement. The procedure shall include all of the following:
94	94	1. The department may not deny a variance request due to a risk to public
95	95	safety unless the department finds that substantial evidence demonstrates the risk.
96	96	2. The department may impose on an applicant for a variance only
97	97	requirements and conditions specified under par. (c). Any requirement or condition
98	98	imposed under this subdivision shall be related to the purpose of the highway
99	99	setback area, based on substantial evidence, reasonable, and, to the extent
100	100	practicable, measurable. The department may require as a condition of a variance
101	101	that the applicant waive any claim or right to relocation compensation related to any
102	102	structure or improvement constructed or placed in the highway setback area if any
103	103	portion of the highway setback area is used for highway purposes within 20 years of
104	104	the date of issuance of the variance.
105	105	3. If an applicant demonstrates by substantial evidence that the application
106	106	and all requirements and conditions imposed under subd. 2. are or shall be satisfied,
107	107	the department shall grant the variance.
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133	133	SECTION 1 ASSEMBLY BILL 422
134	134	4. Any denial of a variance request may be appealed to the director of the
135	135	regional office of the division of transportation system development in which the
136	136	property is located. No later than 60 days after receiving an appeal, the director shall
137	137	notify the applicant in writing of the director's decision. If the director does not notify
138	138	the applicant in writing of the director's decision within 60 days after receiving the
139	139	appeal, the variance request shall be considered approved.
140	140	(e) The department shall provide accurate and current information about the
141	141	highway setback area on the department's website.
142	142	SECTION 2. 236.13 (1) (e) of the statutes is amended to read:
143	143	236.13 (1) (e) The rules of the department of transportation relating to
144	144	provision for the safety of entrance upon and departure from the abutting state trunk
145	145	highways or connecting highways and for the preservation of the public interest and
146	146	investment in such highways, including the department of transportation's
147	147	requirements and conditions regarding variance requests under s. 86.074 (2) (d).
148	148	SECTION 3.0Initial applicability.
149	149	(1) The treatment of s. 236.13 (1) (e) first applies to a preliminary or final plat
150	150	that is submitted to the department of administration under s. 236.12 (2) (ac) on the
151	151	effective date of this subsection.
152	152	(END)
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