Wisconsin Assembly Bill AB422

Wisconsin 2023-2024 Regular Session

• Introduced: 9/19/23
• Refer: 9/19/23
• Failed: 4/15/24

Caption

Highway setback areas and the Department of Transportation's authority to approve subdivision plats. (FE)

Impact

By imposing these restrictions, AB422 is likely to alter how counties and municipalities manage land-use planning along highways. It requires the DOT to regulate setbacks only in cases where structures adversely affect the safety of roadway entrance and exit, and mandates that DOT provide a clear procedure for individuals seeking variances from these requirements. This new framework may lead to more localized control over highway-adjacent development, potentially enabling communities to meet specific local needs while upholding public safety.

Summary

Assembly Bill 422 aims to amend existing statutes concerning highway setback areas and to redefine the authority of the Department of Transportation (DOT) regarding the approval of subdivision plats. The bill specifically limits the DOT's authority by establishing a maximum setback area of 50 feet from the nearest edge of the highway's right-of-way. This provision is intended to ensure that set-back requirements do not extend beyond this threshold, thus regulating how close structures can be to state highways.

Contention

The bill has generated conversation about the balance between state authority and local governance. Proponents argue it cuts unnecessary bureaucratic barriers, allowing for more local autonomy in land development decisions adjacent to highways. However, critics may view this as a reduction of oversight that could compromise safety standards if localities are permitted to have greater discretion in managing development projects near heavy traffic areas. As discussions progress, it remains to be seen how these regulatory changes will affect both development and public safety in communities throughout the state.