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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 486
October 12, 2023 - Introduced by Representatives GOEBEN, BRANDTJEN, BROOKS,
DOYLE, GUNDRUM, KRUG, MURSAU, O'CONNOR, PETERSEN, PLUMER, SCHMIDT,
SCHUTT and TUSLER, cosponsored by Senators F EYEN, BALLWEG and
WANGGAARD. Referred to Committee on Transportation.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to renumber and amend 84.30 (5r) (a); to amend 84.30 (5r) (title) and
84.30 (5r) (c); to repeal and recreate 84.30 (5r) (b); and to create 84.30 (5r)
(a) 1., 84.30 (5r) (a) 2., 84.30 (5r) (a) 3., 84.30 (5r) (be), 84.30 (5r) (bs) and 84.30
(5r) (cm) of the statutes; relating to: outdoor advertising signs that do not
conform to local ordinances and that are affected by certain
transportation-related projects.
Analysis by the Legislative Reference Bureau
This bill revises the standards governing the treatment of outdoor advertising
signs that do not conform to local ordinances (signs) and that are affected by certain
transportation-related public projects.
Under current law, if a highway project of the Department of Transportation
causes the realignment of a sign, the realignment does not affect the sign's
nonconforming status under the ordinance. “Realignment” is defined as relocation
on the same site. If DOT proposes the realignment of a sign in connection with a
highway project, DOT must notify the municipality or county that adopted the
ordinance to which the sign does not conform of the sign's proposed realignment. The
municipality or county may then petition DOT to condemn the sign instead of
realigning the sign, but must pay DOT for certain costs of condemnation if DOT
succeeds in condemning the sign.
This bill expands the types of projects covered, eliminates the realignment
provision, and creates provisions related to signs that are removed and signs whose
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visibility is reduced. Under this bill, if a transportation project for which DOT has
allocated state or federal funds (state project) causes the removal of a sign, the sign's
nonconforming status under the ordinance is not affected if the sign is repositioned
or, if the sign cannot be repositioned, the sign is transferred to a parcel on the same
highway or, if the sign cannot be transferred to a parcel on the same highway, to
another parcel to which the sign owner and the municipality agree the sign may be
transferred. If a state project reduces the visibility of a sign, the sign's
nonconforming status under the ordinance is not affected if the sign is repositioned,
or, if the sign cannot be repositioned, the sign face is raised, lowered, or rotated so
as to provide substantially the same view of the sign from the roadway from which
motorists are intended to view the sign as existed before the state project, or, if the
sign cannot be repositioned and the sign face cannot be adjusted, the sign is
transferred. “Reposition” under this bill means to remove a sign and erect the sign
or a replacement sign on the same parcel and not more than 25 feet in either
direction, measured parallel to the roadway, and not more than 660 feet, measured
perpendicular to the roadway, from the location from which the sign is removed.
“Transfer” under this bill means to remove a sign and erect the sign or a replacement
sign within the same municipality.
Also under this bill:
1. If DOT proposes the repositioning or transfer of a sign in connection with a
state project, DOT must notify the municipality or county that adopted the ordinance
to which the sign does not conform of the sign's proposed repositioning or transfer.
The municipality or county may then petition DOT to condemn the sign instead of
repositioning or transferring the sign, but must pay DOT for certain costs of
condemnation if DOT succeeds in condemning the sign.
2. If a sign is adjusted, repositioned, or transferred, DOT must pay to the sign
owner the costs incurred by the sign owner in adjusting, repositioning, or
transferring the sign.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 84.30 (5r) (title) of the statutes is amended to read:
84.30 (5r) (title) SIGNS NONCONFORMING UNDER LOCAL ORDINANCES THAT ARE
REALIGNED BECAUSE OF AFFECTED BY CERTAIN STATE HIGHWAY PROJECTS.
SECTION 2. 84.30 (5r) (a) of the statutes is renumbered 84.30 (5r) (a) (intro.) and
amended to read:
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84.30 (5r) (a) (intro.) In this subsection, “realignment" means relocation on the
same site.:
SECTION 3. 84.30 (5r) (a) 1. of the statutes is created to read:
84.30 (5r) (a) 1. “Reposition” means to remove a sign and erect the sign or a
replacement sign on the same parcel and not more than 25 feet in either direction,
measured parallel to the roadway, and not more than 660 feet, measured
perpendicular to the roadway, from the location from which the sign is removed.
SECTION 4. 84.30 (5r) (a) 2. of the statutes is created to read:
84.30 (5r) (a) 2. “State project” means a transportation project for which the
department has allocated state or federal funds.
SECTION 5. 84.30 (5r) (a) 3. of the statutes is created to read:
84.30 (5r) (a) 3. “Transfer” means to remove a sign and erect the sign or a
replacement sign within the same municipality.
SECTION 6. 84.30 (5r) (b) of the statutes is repealed and recreated to read:
84.30 (5r) (b) If a sign does not conform to a local ordinance and a state project
causes the removal of the sign, the sign's nonconforming status under the ordinance
is not affected if any of the following applies:
1. The sign is repositioned.
2. If the sign cannot be repositioned, the sign is transferred to a parcel on the
same highway or, if the sign cannot be transferred to a parcel on the same highway,
to another parcel to which the sign owner and the municipality agree the sign may
be transferred.
SECTION 7. 84.30 (5r) (be) of the statutes is created to read:
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SECTION 7 ASSEMBLY BILL 486
84.30 (5r) (be) If a state project reduces the visibility of a sign that does not
conform to a local ordinance, the sign's nonconforming status is not affected under
the ordinance, if any of the following applies:
1. The sign is repositioned.
2. If the sign cannot be repositioned, the sign face is raised, lowered, or rotated
so as to provide substantially the same view of the sign from the roadway from which
motorists are intended to view the sign as existed before the state project.
3. If the sign cannot be repositioned and the sign face cannot be adjusted under
subd. 2., the sign is transferred.
SECTION 8. 84.30 (5r) (bs) of the statutes is created to read:
84.30 (5r) (bs) All of the following apply to a sign that is repositioned or
transferred under this subsection:
1. The size of the sign face and the number of sign faces on the sign after
repositioning or transfer shall be the same as on the sign before repositioning or
transfer.
2. The height of the sign after repositioning or transfer may be different than
the height of the sign before repositioning or transfer at the option of the sign owner.
SECTION 9. 84.30 (5r) (c) of the statutes is amended to read:
84.30 (5r) (c) If in connection with a highway state project of the department
the department proposes the realignment repositioning or transfer of a sign that
does not conform to a local ordinance and the sign owner elects to reposition or
transfer the sign, the department shall notify the governing body of the municipality
or county where the sign is located and which adopted the ordinance of the sign's
proposed realignment repositioning or transfer. Upon receiving this notice, the
governing body may petition the department to acquire the sign and any real
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property interest of the sign owner. If the department succeeds in condemning the
sign, the governing body that made the petition to the department shall pay to the
department an amount equal to the condemnation award, less relocation costs for the
sign that would have been paid by the department if the sign had been realigned
repositioned or transferred rather than condemned. Notwithstanding s. 86.30 (2) (a)
1. and (b) 1., 1g., and 1r., if the governing body fails to pay this amount, the
department may reduce the municipality's or county's general transportation aid
payment under s. 86.30 by an equal amount.
SECTION 10. 84.30 (5r) (cm) of the statutes is created to read:
84.30 (5r) (cm) If a sign is adjusted, repositioned, or transferred under this
subsection, the department shall pay to the sign owner the costs incurred by the sign
owner in adjusting, repositioning, or transferring the sign.
SECTION 11.0Initial applicability.
(1) This act first applies to signs in existence on the effective date of this
subsection.
(END)
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