Trans 202.04Trans 202.04 Scenic byways advisory committee membership. Trans 202.04(1)(a)(a) One representative from each of the following state agencies nominated by the respective agency and appointed by the secretary: Trans 202.04(1)(c)(c) The chairpersons of the senate and assembly standing committees having jurisdiction over transportation matters as determined by the speaker of the assembly and the president of the senate. Trans 202.04(2)(2) The state agency representatives and the members at large shall be appointed by the secretary in staggered 4-year terms. Trans 202.04 HistoryHistory: CR 04-057: cr. Register February 2005 No. 590, eff. 3-1-05; correction in (1) (a) 2. made under s. 13.92 (4) (b) 6., Stats., Register January 2012 No. 673. Trans 202.05Trans 202.05 Qualifications for scenic byway designation. Trans 202.05(1)(1) The majority of the route proposed as a Wisconsin scenic byway shall have scenic qualities or historic resources, which are unique to the route. Scenic qualities or characteristics shall be as continuous as possible throughout the corridor. The majority of historic resources shall be eligible for, or listed on the National Register of Historic Places, be numerous, be visible, and have a setting or character that is complimentary to the historic resources. Trans 202.05(2)(2) The route shall be 30 miles in length at a minimum and, where feasible, connect to major highways at both ends of the route system. Trans 202.05(3)(a)(a) A proposed scenic byway route does not include a section of highway that traverses a business area unless the appropriate local government specifically includes the area in the proposed scenic byway route by means of a formal resolution. In unincorporated areas where county zoning is in effect, a resolution of the county board is also required. The proposed route shall be as continuous as possible. Trans 202.05(3)(b)(b) Each local government through which the Great River Road passes shall be given an opportunity to exclude business areas from the Great River Road Wisconsin scenic byway route. A request to exclude a business area shall be submitted to the department in writing, shall contain a map identifying the business area or business areas to be excluded and shall contain a copy of a resolution passed by the local government’s governing body supporting the request. In unincorporated areas where county zoning is in effect, the request shall also contain a resolution from the county board of the appropriate county supporting the request. A request under this paragraph shall be received by the department no later than 2 years from March 1, 2005. Trans 202.05(3)(c)(c) For purposes of this subsection, “business area” means any portion of a highway where there are contiguous abutting parcels of land zoned for business, industrial or commercial activities or unzoned and used for business, industrial or commercial activities as defined in s. 84.30 (2) (d), Stats. Trans 202.05(4)(4) Any of the following are not eligible for scenic byway designation: Trans 202.05(4)(d)(d) ATV and snowmobile trails, except that roadways designated as all-terrain vehicle routes, as defined in s. 23.33 (1) (c), Stats., or snowmobile routes, as defined in s. 350.01 (16), Stats., may be included in a scenic byway. Trans 202.05(5)(5) Scenic, historical, archeological, cultural, recreational and natural features and characteristics may be considered complimentary to the scenic features or historic resources of the proposed route. They may be documented and submitted as part of the application. Trans 202.05(6)(6) The proposed route may not be scheduled or anticipated for major improvements that would significantly diminish its scenic characteristics. If there are scheduled or anticipated major improvements, the SBAC may consider the application after the improvements are made or after the improvements are well defined in approved plans. Trans 202.05 HistoryHistory: CR 04-057: cr. Register February 2005 No. 590, eff. 3-1-05.; CR 16-045: am. (2), r. and recr. (4) Register October 2020 No. 778, eff. 11-1-20; correction in (4) (d) made under ss. 13.92 (4) (b) 12. and 35.17, Stats., correction in (4) (e), (g) made under s. 35.17, Stats. Register October 2020 No. 778. Trans 202.06(1)(1) Application to have a route designated as a Wisconsin scenic byway is voluntary. Interested parties seeking designation may include residents, organizations and local governments. The responsibility for identifying a suitable route for scenic byway designation rests with the aforementioned groups. Trans 202.06(2)(2) There shall be at least one local government sponsor who initiates the application procedure. Trans 202.06(3)(3) The department shall design the application form and determine the completeness of responses from local government sponsors. The department may require preliminary information from the local government sponsor to determine if the proposed route has a reasonable potential for being designated as a state scenic byway. Resolutions from local governments abutting the proposed route may be required. Trans 202.06 NoteNote: The application form may be obtained upon request by writing to the Department of Transportation, Division of Transportation Investment Management, Bureau of Planning, Room 901, P. O. Box 7913, Madison, WI 53707-7913.
Trans 202.06(4)(4) A corridor management plan shall be prepared by the local government sponsor after the route’s potential has been confirmed by the SBAC, but before final designation takes place. Trans 202.06(5)(5) The SBAC shall evaluate the application materials and make a recommendation to the secretary on the approval or denial of the request to designate the proposed route as a scenic byway. Trans 202.06(6)(6) The secretary shall make the decision to approve or deny an application for designation of the proposed route as a scenic byway. Trans 202.06 HistoryHistory: CR 04-057: cr. Register February 2005 No. 590, eff. 3-1-05. Trans 202.07Trans 202.07 Reviewing and monitoring of Wisconsin scenic byways. The department shall review the approved CMP of a designated scenic byway on a periodic basis to insure that the local government sponsor has implemented the action steps in its CMP. The department shall notify the local government sponsor of the results of the review. In the case of uncompleted action items, the department and local government sponsor shall coordinate to develop a schedule and timeline to implement the remaining action items or to amend the remaining action items in a mutually agreeable manner. Failure to address the uncompleted action items in a timely manner may result in withdrawal of scenic byway designation. Trans 202.07 HistoryHistory: CR 04-057: cr. Register February 2005 No. 590, eff. 3-1-05. Trans 202.08Trans 202.08 Jurisdiction and authority. Wisconsin scenic byway designation, as approved by the secretary, except as otherwise provided in this chapter, may not affect in any manner the authority and responsibilities of the department, any county or any local government over their respective segments of a scenic byway including responsibility for maintenance, safety, improvements or regulation of traffic. Trans 202.08 HistoryHistory: CR 04-057: cr. Register February 2005 No. 590, eff. 3-1-05; CR 16-045: r. and recr. Register October 2020 No. 778, eff. 11-1-20. Trans 202.09Trans 202.09 Maintaining and improving a state scenic byway. Designation as a Wisconsin scenic byway may not: Trans 202.09(1)(1) Prohibit or affect future roadway design or construction. Trans 202.09(2)(2) Change the existing state or federal classification of the highway. Trans 202.09(3)(3) Be a factor in department or local government decisions on whether or not a highway improvement project is necessary or appropriate for the designated highway. Trans 202.09(4)(4) Be considered in determining local transportation aids paid under s. 86.30, Stats. Trans 202.09 HistoryHistory: CR 04-057: cr. Register February 2005 No. 590, eff. 3-1-05; CR 16-045: r. and recr. Register October 2020 No. 778, eff. 11-1-20; (1) to (5) renumbered from (a) to (e) under s. 13.92 (4) (b) 1., Stats., and correction in (4) made under s. 35.17, Stats., Register October 2020 No. 778. Trans 202.10Trans 202.10 Traffic control devices and route markings. Trans 202.10(1)(1) The following units of government shall furnish, erect, replace and maintain signs marking scenic byways in accordance with the manual adopted by the department under s. 84.02(4) (e), Stats.: Trans 202.10(1)(a)(a) The department with respect to state trunk highways under its jurisdiction. Trans 202.10(1)(b)(b) A local government with respect to any highway under their maintenance not described in par. (a), including connecting highways. Trans 202.10(2)(2) The scenic byways marking signs may be placed on existing information or highway identification sign posts but may not be placed on any regulatory or warning sign posts. Trans 202.10(4)(4) Scenic byways signing shall be removed on highways that are no longer designated as scenic byways. Trans 202.10 HistoryHistory: CR 04-057: cr. Register February 2005 No. 590, eff. 3-1-05; CR 16-045: r. and recr. (1) Register October 2020 No. 778, eff. 11-1-20; correction in (1) (intro.) made under s. 35.17, Stats., Register October 2020 No. 778. Trans 202.11Trans 202.11 Outdoor advertising. Highways designated by the secretary as scenic byways pursuant to s. 84.106, Stats., are subject to all applicable state laws and regulations and local ordinances regarding outdoor advertising signs. Highways designated as scenic byways shall also conform to s. Trans 201.23. Trans 202.11 HistoryHistory: CR 04-057: cr. Register February 2005 No. 590, eff. 3-1-05. Trans 202.12Trans 202.12 National scenic byways program. State trunk highways designated as Wisconsin scenic byways may, upon satisfaction of the federal guidelines and recommendation by the scenic byways advisory committee, be nominated by the secretary for designation and inclusion in the national scenic byways program as a National Scenic Byway or All-American Road. A local government may be responsible for supplying additional information or photos as needed for the national application. Trans 202.12 HistoryHistory: CR 04-057: cr. Register February 2005 No. 590, eff. 3-1-05. Trans 202.13Trans 202.13 Modification or withdrawal of Wisconsin scenic byways designation. Trans 202.13(1)(1) Every 10 years following the date of official notification of designation, local units of government through which the route passes shall have the opportunity to re-evaluate the designated route and to determine if they wish to modify the route due to changes in land use or other extenuating circumstances. The local unit of government having zoning authority over the scenic byway corridor shall notify the department in writing, pass a resolution and submit a map indicating the proposed change to the designated route. In unincorporated areas where county zoning is in effect, the request shall also contain a resolution from the county board of the appropriate county supporting the request. The department may require the local government sponsor to coordinate the submission of requests for modification of the scenic byway route. Requests under this subsection shall be received by the department no later than 12 months from the 10-year anniversary date. The SBAC shall review the proposed route modifications and make recommendations to the secretary. Modifications become effective upon approval of the secretary. If the department receives no notification under this subsection that a modification is being requested, the designated route shall remain unchanged for another 10 year period. Trans 202.13(2)(2) Designation of a state trunk highway as a scenic byway may be withdrawn at any time after resolution by 2/3 of the local government sponsors and with the approval of the SBAC and the secretary. There shall be at least one public hearing by a local government sponsor before such a removal. Trans 202.13(3)(3) The SBAC may recommend to the secretary that a scenic byway designation for a particular route be rescinded if the route no longer possesses the scenic or historic character of the route originally qualifying it for designation due to overdevelopment, the presence of some other visual detraction, the failure to adequately implement the corridor management plan, or if substantial modifications to the route have taken place under sub. (1). The department may request that the SBAC review and recommend whether a scenic byway designation for a particular route should be rescinded. If the SBAC recommends that a scenic byway designation for a route be rescinded, the department shall hold a public hearing on the removal. After the public hearing is held, the designation as a scenic byway for the route may be withdrawn upon approval of the secretary.
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