Date of enactment: June 21, 2023
2023 Senate Bill 247 Date of publication*: June 22, 2023
2023 WISCONSIN ACT 13
AN ACT to amend 86.31 (2) (a); and to create 86.31 (1) (ao) and 86.31 (3o) of the statutes; relating to: an agricultural
roads improvement grant program.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 86.31 (1) (ao) of the statutes is created to
read:
86.31 (1) (ao) “Eligible agricultural road project”
means a project that is eligible for a grant under sub. (3o)
(b).
SECTION 2. 86.31 (2) (a) of the statutes is amended
to read:
86.31 (2) (a) The department shall administer a local
roads improvement program to accelerate the improve-
ment of seriously deteriorating local roads and, under
sub. (3o), of agricultural roads improvements by reim-
bursing political subdivisions for improvements. The
selection of improvements that may be funded under the
program shall be performed by officials of each political
subdivision, consistent with par. (h) and the requirements
of subs. (3), (3g), (3m), (3o), and (3r). The department
shall notify each county highway commissioner of any
deadline that affects eligibility for reimbursement under
the program no later than 15 days before such deadline.
SECTION 3. 86.31 (3o) of the statutes is created to
read:
86.31 (3o) AGRICULTURAL ROADS IMPROVEMENTS. (a)
1. Any funds directed for agricultural roads improve-
ments under this subsection shall be distributed as grants
to reimburse political subdivisions for eligible agricul-
tural road projects or expended for reimbursable costs by
the department acting as a fiscal agent under par. (i).
2. The department shall prescribe the form, nature,
and extent of information that shall be contained in appli-
cations for grants under this subsection. If the application
is for a project to improve a class “B” highway, the
department shall require the applicant to state when the
highway was designated as a class “B” highway under s.
349.15. To the extent feasible, the department shall do all
of the following:
a. Develop an application that does not exceed 2
pages in length.
b. Prescribe a simple and clear application process
that is reasonably accessible to political subdivisions
with limited staffing resources.
(b) An agricultural road project is not eligible for a
grant under this subsection unless all of the following
apply:
1. The project is to improve a highway functionally
classified by the department as a local road or minor col-
lector or a bridge or culvert on a highway functionally
classified by the department as a local road or minor col-
lector.
2. If the project is solely for the improvement of a
bridge or culvert, the bridge or culvert is 20 feet or less
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 13 2023 Senate Bill 247
in length and is not eligible for funding under a federal
program providing funding for bridge improvements.
3. The highway, bridge, or culvert under subd. 1. pro-
vides access to agricultural lands or facilities used for the
production of agricultural goods, including forest prod-
ucts, and is used by at least one agricultural producer.
4. The highway under subd. 1. or the highway upon
which the bridge or culvert under subd. 1. is located is
designated as a class “B” highway under s. 349.15 due to
structural deficiencies or has been subject to a posted
weight limitation for at least one month during the previ-
ous year.
5. After completion of the project, except as provided
under par. (k), the highway under subd. 4. will not be des-
ignated as a class “B” highway under s. 349.15 and will
not be subject to a posted weight limitation other than
under extraordinary or emergency circumstances.
6. The highway, bridge, or culvert under subd. 1. is
maintained by a political subdivision.
(c) In awarding grants under this subsection, subject
to par. (d), the department and the committee under par.
(j), with information from affected highway users, shall
select projects that provide the greatest benefit to agricul-
tural producers in this state using the following criteria:
1. Projects that improve access by the largest number
of agricultural producers to agricultural lands or facilities
used for the production of agricultural goods, including
forest products.
2. Projects that will result in reduction of any of the
following for agricultural producers:
a. Repeated trips at reduced weights.
b. Labor costs.
c. Fuel costs.
d. Mileage upon and damage to equipment used in
agricultural production.
e. Costs other than those in subd. 2. a. to d. resulting
from a highway being designated as a class “B” highway
under s. 349.15 or being subject to a posted weight limit
under other than extraordinary or emergency circum-
stances.
3. Projects that will result in the greatest positive eco-
nomic impact. Under this subdivision, the department
and the committee shall consider the number of employ-
ees and the amount of agricultural product sales from
agricultural producers that would be directly affected by
the project.
4. Projects for which the access provided under par.
(b) 3. is the only feasible access to the lands or facilities.
5. Projects that are the subject of a grant application
by a political subdivision that faces demonstrable fiscal
or administrative difficulties in completing highway
projects.
6. Projects that will result in the transportation of the
largest amount of agricultural goods, including forest
products.
7. Projects that improve access to agricultural lands
or facilities used for the production of agricultural goods,
including forest products, for more than one agricultural
producer.
(d) The department shall attempt to award grants
under this subsection to political subdivisions in all geo-
graphic areas of the state.
(e) The department may make grants under this sub-
section of up to 90 percent of reimbursable costs.
(f) Reimbursable costs under this subsection include
any costs related to an eligible agricultural road project,
including costs of initial plan design and engineering,
planning, designing, engineering, and construction of an
eligible agricultural road project.
(g) Notwithstanding sub. (4), upon request by a polit-
ical subdivision for partial payment not more frequently
than quarterly, the department shall reimburse any reim-
bursable costs incurred by the political subdivision for an
eligible agricultural road project.
(h) A political subdivision may pay for or otherwise
obtain engineering and design work for a project funded
by a grant under this subsection from the department or
from another source.
(i) Upon request by the grantee, the department shall
be designated as a fiscal agent of a grantee for the pur-
poses of a project funded by a grant under this subsection.
If acting as a fiscal agent under this paragraph, the depart-
ment shall, upon request, pay reimbursable costs for an
agricultural road project when incurred and retain or
receive grant moneys as reimbursement for these pay-
ments.
(j) The department shall establish a committee to
review grant applications and award grants under this
subsection. The committee shall consist of members
appointed by the secretary, have geographically diverse
representation, and include as members representatives
of agricultural industries and political subdivisions with
jurisdiction of highways, bridges, or culverts that are eli-
gible for grants under par. (b). The secretary or designee
shall serve as a nonvoting member of the committee. The
committee members shall serve a term equal to the dura-
tion of the program under this subsection.
(k) Notwithstanding ss. 349.15 (2) and 349.16 (1), no
highway, bridge, or culvert improved under this subsec-
tion may be designated as a class “B” highway under s.
349.15 or be subject to a posted weight limitation other
than under extraordinary or emergency circumstances
unless the political subdivision having jurisdiction of the
highway, bridge, or culvert obtains a pavement or struc-
tural analysis performed by a professional engineer or the
county highway commissioner for the county in which
the highway, bridge, or culvert is located supports the
weight limitation and certifies to the department the rea-
son for the weight limitation. − 3 − 2023 Wisconsin Act 13 2023 Senate Bill 247
(L) By July 1, 2025, and annually thereafter, the
department in consultation with the department of agri-
culture, trade and consumer protection shall submit a
report on the program under this subsection to the joint
committee on finance and the standing committee of each
house of the legislature having jurisdiction over trans-
portation. The report shall provide the number and total
amount of grants awarded, and an estimate of the eco-
nomic impact of projects funded, under this subsection
during the previous year and over the lifetime of the pro-
gram. The department of transportation is not required to
submit a report under this paragraph if no expenditures
were made under this subsection in the previous year.
(m) 1. After 3 years after the effective date of this
subdivision .... [LRB inserts date], the department may
not award a grant under this subsection.
2. After 5 years after the effective date of this subdivi-
sion .... [LRB inserts date], the department may not reim-
burse any costs incurred under this subsection.
(n) Except as provided in pars. (k) and (m) 2., this
subsection does not apply after 5 years after the effective
date of this paragraph .... [LRB inserts date].