Chapter Trans 233

Trans 233.012 History History: Cr. Register, January, 1999, No. 517, eff. 2-1-99; renum. Trans 233.012 to be (1), cr. (2) and (3), Register, January, 2001, No. 541, eff. 2-1-01; correction made under s. 13.93 (2m) (b) 7., Stats., Register January 2004 No. 577.

Trans 233.015 Trans 233.015 Definitions. Words and phrases used in this chapter have the meanings given in s. 340.01, Stats., unless a different definition is specifically provided. In this chapter:

Trans 233.015(1) (1) “Certified survey map” or “CSM” means a map that complies with the requirements of s. 236.34, Stats.

Trans 233.015(1m) (1m) “Desirable traffic access pattern” means traffic access that is consistent with the technical and professional guidance provided in the department’s facilities development manual.

Trans 233.015 Note Note: Guidelines established in the Department’s Facilities Development Manual are not considered “rules,” as defined in s. 227.01 (13), Stats., and so are not subject to the requirements under s. 227.10, Stats.

Trans 233.015(1r) (1r) “District office” means an office of the division of transportation districts of the department.

Trans 233.015(2) (2) “Improvement” means any permanent addition to or betterment of real property that involves the expenditure of labor or money to make the property more useful or valuable. “Improvement” includes parking lots, driveways, loading docks, in-ground swimming pools, wells, septic systems, retaining walls, signs, buildings, building appendages such as porches, and drainage facilities. “Improvement” does not include sidewalks, terraces, patios, landscaping and open fences.

Trans 233.015(2m) (2m) “In-ground swimming pool” includes a swimming pool that is designed or used as part of a business or open to use by the general public or members of a group or association. “In-ground swimming pool” does not include any above-ground swimming pools without decks.

Trans 233.015(3) (3) “Land divider” means the owner of land that is the subject of a land division or the land owner’s agent for purposes of creating a land division.

Trans 233.015(4) (4) “Land division” means a division under s. 236.12, 236.34, 236.45 or 703.11, Stats., or other means not provided by statute, of a lot, parcel or tract of land by the owner or the owner’s agent for the purposes of sale or of building development.

Trans 233.015(5) (5) “Land division map” means an official map of a land division, including all certificates required as a condition of recording the map.

Trans 233.015(5m) (5m) “Major intersection” means the area within one-half mile of the intersection or interchange of any state trunk highway or connecting highway with a designated expressway, or freeway, under s. 84.295, Stats., or a designated interstate highway under s. 84.29, Stats.

Trans 233.015(6) (6) “Public utility” means any corporation, company, individual or association that furnishes products or services to the public, and that is regulated under ch. 195 or 196, Stats., including railroads, telecommunications or telegraph companies, and any company furnishing or producing heat, light, power, cable television service or water, or a rural electrical cooperative, as described in s. 32.02 (10), Stats.

Trans 233.015(6m) (6m) “Reviewing municipality” means a city or village to which the department has delegated authority to review and object to land divisions under s. Trans 233.03 (7).

Trans 233.015(6r) (6r) “Secretary” means the secretary of the department of transportation.

Trans 233.015(7) (7) “Structure” includes a temporary or non-permanent addition to or betterment of real property that is portable in nature, but that adversely affects the safety of entrance upon or departure from state trunk or connecting highways or the preservation of public interest and investment in those highways, as determined by the department. “Structure” does not include portable swing sets, movable lawn sheds without pads or footings, and above ground swimming pools without decks.

Trans 233.015(7m) (7m) “Technical land division” means a land division involving a structure or improvement that has been situated on the real property for at least 5 years, does not result in any change to the use of existing structures and improvements and does not negatively affect traffic. “Technical land division” includes the conversion of an apartment building that has been in existence for at least 5 years to condominium ownership, the conversion of leased commercial spaces in a shopping mall that has been in existence for at least 5 years to owned spaces, and the exchange of deeds by adjacent owners to resolve mutual encroachments.

Trans 233.015(8) (8) “Unplatted” means not legally described by a plat, land division map, certified survey map or condominium plat.

Trans 233.015(8m) (8m) “User” means a person entitled to use a majority of the property to the exclusion of others.

Trans 233.015(9) (9) “Utility facility” means any pipe, pipeline, duct, wire line, conduit, pole, tower, equipment or other structure used for transmission or distribution of electrical power or light or for the transmission, distribution or delivery of heat, water, gas, sewer, telegraph or telecommunication service, cable television service or broadcast service, as defined in s. 196.01 (1m), Stats.

Trans 233.015 History History: Cr. Register, January, 1999, No. 517, eff. 2-1-99; cr. (1m), (1r), (2m), (5m), (6m), (6r), (7m) and (8m), Register, January, 2001, No. 541, eff. 2-1-01.

Trans 233.017 Trans 233.017 Other abuttals. For purposes of this chapter, land shall be considered to abut a state trunk highway or connecting highway if the land is any of the following:

Trans 233.017(1) (1) Land that contains any portion of a highway that is laid out or dedicated as part of a land division if the highway intersects with a state trunk highway or connecting highway.

Trans 233.017(2) (2) Separated from a state trunk highway or connecting highway by only unplatted lands that abut a state trunk highway or connecting highway if the unplatted lands are owned by, leased to or under option, whether formal or informal, or under contract or lease to the owner.

Trans 233.017(3) (3) Separated from a state trunk highway or connecting highway by only a service road.

Trans 233.017 History History: Cr. Register, January, 1999, No. 517, eff. 2-1-99.

Trans 233.02 Trans 233.02 Basic principles. To control the effects of land divisions on state trunk highways and connecting highways and to carry out the purposes of ch. 236, Stats., the department promulgates the following basic requirements:

Trans 233.02(1) (1) Local traffic from a land division or development abutting a state trunk highway or connecting highway shall be served by an internal highway system of adequate capacity, intersecting with state trunk highways or connecting highways at the least practicable number of points and in a manner that is safe, convenient and economical.

Trans 233.02(2) (2) A land division shall be so laid out that its individual lots or parcels do not require direct vehicular access to a state trunk highway or connecting highway.

Trans 233.02(3) (3) The department, in order to integrate and coordinate traffic on a highway or on a private road or driveway with traffic on any affected state trunk highway or connecting highway, shall do both of the following:

Trans 233.02(3)(a) (a) Consider, particularly in the absence of a local comprehensive general or master plan, or local land use plan, that plat or map’s relationship to the access requirements of adjacent and contiguous land divisions and unplatted lands.

Trans 233.02(3)(b) (b) Apply this chapter to all lands that are owned by, or are under option, whether formal or informal, or under contract or lease to the land divider and that are adjacent to or contiguous to the land division. Contiguous lands include those lands that abut the opposite side of the highway right-of-way.

Trans 233.02(4) (4) Setbacks from a state trunk highway or connecting highway shall be provided as specified in s. Trans 233.08.

Trans 233.02(5) (5) A land division map shall include provision for the handling of surface drainage in such a manner as specified in s. Trans 233.105 (3).

Trans 233.02(6) (6) A land division map shall include provisions for the mitigation of noise if the noise level exceeds noise standards in s. Trans 405.04, Table I.

Trans 233.02(7) (7) A land division shall provide vision corners at intersections and driveways per department standards.

Trans 233.02 Note Note: Guide dimensions for vision corners are formally adopted in the Department’s Facilities Development Manual, Chapter 11, pursuant to s. 227.01 (13) (e), Stats. Rules governing construction of driveways and other connections with highways are found in ch. Trans 231. Detailed specifications may be obtained at the department’s district offices.

Trans 233.02 History History: Cr. Register, January, 1999, No. 517, eff. 2-1-99; am. (intro.), Register, January, 2001, No. 541, eff. 2-1-01.

Trans 233.03 Trans 233.03 Procedures for review. The following procedures apply to review by the department, district office or reviewing municipality of proposed certified survey maps, condominium plats and other land divisions:

Trans 233.03(1) (1) Conceptual review.

Trans 233.03(1)(a) (a) Before the lots are surveyed and staked out, the land divider shall submit a sketch to the department’s district office for review. The sketch shall indicate roughly the layout of lots and the approximate location of streets, and include other information required in this chapter.

Trans 233.03(1)(b) (b) Unless the land divider submits a preliminary plat under s. 236.12 (2) (a), Stats., the land divider shall have the district office review the sketch described in par. (a).

Trans 233.03(1)(c) (c) There is no penalty for failing to obtain conceptual review; the conceptual review procedure is encouraged to avoid waste that results from subsequent required changes.

Trans 233.03(2) (2) Preliminary and final plat review. The department shall conduct preliminary and final subdivision plat review under s. 236.12, Stats., when the land divider or approving authority submits, through the department of administration’s plat review office, a formal request for departmental review of the plat for certification of non-objection as it relates to the requirements of this chapter. The request shall be accompanied with the land division map and the departmental review fee. No submittal may be considered complete unless it is accompanied by the fee.

Trans 233.03(3) (3) Preliminary and final review for land divisions occurring under s. 236.45 and s. 703.11, stats. The department shall review preliminary and final land division maps under ss. 236.45 and 703.11, Stats., when the approving authority, or the land divider, when there is no approving authority, submits a formal request for departmental review for certification of non-objection as it relates to the requirements of this chapter. The request shall be accompanied with the land division map and the departmental review fee. No submittal may be considered complete unless it is accompanied by the fee. Additional information required is the name and address of the register of deeds, any approving agency, the land division map preparer and the land divider. This information is to be submitted to the district office.

Trans 233.03 Note Note: The appropriate department address is Access Management Coordinator, Bureau of Highway Development, 4802 Sheboygan Avenue, Room 651, P. O. Box 7916, Madison, WI 53707-7916.

Trans 233.03(4) (4) Preliminary and final review for land divisions occurring under s. 236.34 and by other means not prescribed by statutes. The department shall conduct preliminary and final review of land division maps under s. 236.34, Stats., or under any other means not prescribed by statutes, when the land divider submits a formal request for departmental review for certification of non-objection to the land division as it relates to the requirements of this chapter. The request shall be accompanied with the land division map and the departmental review fee. No submittal may be considered complete unless it is accompanied by the fee. Additional information required is the name and address of the register of deeds, any approving agency, the land division map preparer and the land divider. This information shall be submitted to the district office or to the department.

Trans 233.03 Note Note: The appropriate department address is Access Management Coordinator, Bureau of Highway Development, 4802 Sheboygan Avenue, Room 651, P. O. Box 7916, Madison, WI 53707-7916.

Trans 233.03(5) (5) Time limit for review.

Trans 233.03(5)(a) (a) Except as provided in pars. (b) to (d), not more than 20 calendar days after receiving a completed request to review a land division map, the department, district office or reviewing municipality shall do one of the following:

Trans 233.03(5)(a)1. 1. Determine that the land division is a technical land division. Upon determining that a land division is a technical land division, the department, district office or reviewing municipality shall certify that it has no objection to the land division map and shall refund all fees paid for review of that land division map.

Trans 233.03(5)(a)2. 2. Provide written notice to the land divider either objecting to or certifying that it has no objection to the land division.

Trans 233.03 Note Note: The 20-day time limit for action on a review without any special exception or variance is also established by statute for subdivision plat reviews in sec. 236.12(3) and (6), Stats.

Trans 233.03(5)(b) (b) The department and district offices are not required to complete conceptual reviews under sub. (1) within a specified time, but shall endeavor to complete a conceptual review under sub. (1) within 30 calendar days after receiving the completed request.

Trans 233.03(5)(c) (c) If a special exception is requested under s. Trans 233.11, the department, district office or reviewing municipality shall complete its review of the land division map within the time limit provided in s. Trans 233.11 (6).

Trans 233.03(5)(d) (d) A request is considered complete under this subsection unless, within 5 working days after receiving the request, the department, district office or reviewing municipality provides written notice to the land divider stating that the request is incomplete and specifying the information needed to complete the request. On the date that additional information is requested under this subdivision, the time period for review ceases to run, but resumes running upon receipt of the requested information.

Trans 233.03(5)(e) (e) If the department, district office or reviewing municipality fails to act within the time limit provided in this section or s. Trans 233.11 (6), the department, district office or reviewing municipality shall be considered to have no objection to the land division map or special exception.

Trans 233.03(6) (6) District authority to review land division maps. Beginning on February 1, 2001, each district office may review land division maps under this chapter. The department shall develop implementing procedures to assure consistency and uniformity of such reviews among district offices and shall provide uniform guidance in figure 3 of procedure 7-50-5 of the department’s facilities development manual dated December 1, 2000.

Trans 233.03 Note Note: Guidelines established under this subsection are not considered “rules”, as defined in s. 227.01 (13), Stats., and so are not subject to the requirements under s. 227.10, Stats. However, this rule references uniform guidance by date so that future revisions to that uniform guidance will become effective only if ch. Trans 233 is amended.

Trans 233.03(7) (7) Municipal authority to review land division maps. The department may, upon request, delegate to a city or village authority to review and object to any proposed land division that abuts a state trunk highway or connecting highway lying within the city or village. The department shall develop a uniform written delegation agreement in cooperation with cities and villages. The delegation agreement may authorize a city or village to grant special exceptions under s. Trans 233.11. Any decision of a reviewing municipality relating to a land division map or special exception is subject to the appeal procedure applicable to such decisions made by the department or a district office, except that the department may unilaterally review any such decision of a reviewing municipality to ensure conformity with the delegation agreement and this chapter and may reverse or modify the municipality’s decision as appropriate. No reviewing municipality may change its setback policy after executing a delegation agreement under this section, except by written amendment to the delegation agreement approved by the department.

Trans 233.03(8) (8) Appeals.

Trans 233.03(8)(a) (a) Department review. Except as provided in this paragraph and par. (b), a land divider, governmental officer or entity, or member of the general public may appeal a final decision of a district office or reviewing municipality regarding a land division map, special exception, or consequence of a failure to act to the secretary or the secretary’s designee. Appeals may be made not more than 20 calendar days after that final decision or failure to act. The secretary or the secretary’s designee may reverse, modify or affirm the decision. Not more than 60 calendar days after receiving the appeal, the secretary or secretary’s designee shall notify the appealing party and the land divider in writing of the decision on appeal. If the secretary or secretary’s designee does not provide written notice of his or her decision within the 60-day limit, the department is considered to have no objection to the final decision of the district office or reviewing municipality. The department may not unilaterally initiate a review of a decision of a district office certifying non-objection to a land division map, with or without a special exception. The department may unilaterally review any decision of a reviewing municipality relating to a land division map to ensure conformity with the delegation agreement and this chapter, and may reverse or modify the municipality’s decision as appropriate. No person may appeal a conceptual review under sub. (1).

Trans 233.03(8)(b) (b) Judicial review.

Trans 233.03(8)(b)1. 1. ‘Chapter 236 land divisions.’ Judicial review of any final decision of the department, district office or reviewing municipality relating to a land division that is subject to ch. 236, Stats., shall follow appeal procedures specified in that chapter.

Trans 233.03 Note Note: Land divisions subject to plat approval under s. 236.10, Stats., shall follow the procedures specified in s. 236.13(5), Stats.

Trans 233.03(8)(b)2. 2. ‘All other land divisions.’ Judicial review of any final decision of the department, district office or reviewing municipality relating to a land division that is not subject to ch. 236, Stats., shall follow the procedures specified in ch. 227, Stats., for judicial review of agency decisions.

Trans 233.03 Note Note: Final administrative decisions which adversely affect the substantial interests of any person, whether by action or inaction, whether affirmative or negative in form, are subject to judicial review as provided in ch. 227, Stats.

Trans 233.03 History History: Cr. Register, January, 1999, No. 517, eff. 2-1-99; am. (intro.), (2), (3) and (4), r. and recr. (5), cr. (6) to (8), Register, January, 2001, No. 541, eff. 2-1-01; Reprinted to correct printing error in (3) Register January 2004 No. 577.

Trans 233.04 Trans 233.04 Required information. The land divider shall show on the face of the preliminary or final land division map or on a separate sketch, at a scale of not more than 1,000 feet to the inch, the approximate distances and relationships between the following, and shall show the information in subs. (1) to (8) about the following:

Trans 233.04(1) (1) The geographical relationship between the proposed land division and of any unplatted lands that abut any state trunk highway or connecting highway and that abut the proposed land division, and the ownership rights in and the land divider’s interest, if any, in these unplatted lands.

Trans 233.04(2) (2) The locations of all existing and proposed highways within the land division and of all private roads or driveways within the land division that intersect with a state trunk highway or connecting highway.

Trans 233.04(3) (3) The location, and identification of each highway and private road or driveway, leading to or from the land division.

Trans 233.04(4) (4) The principal use, as agricultural, commercial, industrial or residential, of each private road or driveway that leads to or from the land division.

Trans 233.04(5) (5) The locations of all easements for accessing real property within the land division.

Trans 233.04(6) (6) The location of the highway nearest each side of the land division.

Trans 233.04(7) (7) The location of any highway or private road or driveway that connects with a state trunk highway or connecting highway that abuts the land division, if the connection is any of the following:

Trans 233.04(7)(a) (a) Within 300 feet of the land division, if any portion of the land division lies within a city or village.

Trans 233.04(7)(b) (b) Within 1,000 feet of the land division, if no part of the land division lies within a city or village.

Trans 233.04(8) (8) All information required to be shown on a land division map shall be shown in its proper location

Trans 233.04 History History: Cr. Register, January, 1999, No. 517, eff. 2-1-99.

Trans 233.05 Trans 233.05 Direct access to state trunk highway or connecting highway.

Trans 233.05(1) (1) No land divider may divide land in such a manner that a private road or driveway connects with a state trunk highway or connecting highway or any service road lying partially within the right-of-way of a state trunk highway or connecting highway, unless the land divider has received a special exception for that purpose approved by the department, district office or reviewing municipality under s. Trans 233.11. The following restriction shall be placed on the face of the land division map, or as part of the owner’s certificate required under s. 236.21 (2) (a), Stats., and shall be executed in the manner specified for a conveyance:

“All lots and blocks are hereby restricted so that no owner, possessor, user, licensee or other person may have any right of direct vehicular ingress from or egress to any highway lying within the right-of-way of (U.S.H.)(S.T.H.) __________________________ or ________________ Street; it is expressly intended that this restriction constitute a restriction for the benefit of the public as provided in s. 236.293, Stats., and shall be enforceable by the department or its assigns. Any access shall be allowed only by special exception. Any access allowed by special exception shall be confirmed and granted only through the driveway permitting process and all permits are revocable.”

Trans 233.05 Note Note: The denial of a special exception for access or connection purposes is not the functional equivalent of the denial of a permit under s. 86.07 (2), Stats. Appeal of disapproval of a plat (and thus disapproval of a special exception) is available only by certiorari under s. 236.13 (5), Stats. There is no right to a contested case hearing under ss. 227.42 or 227.51 (1), Stats., for the denial of a special exception.

Trans 233.05(2) (2) The department may require a desirable traffic access pattern between a state trunk highway or connecting highway and unplatted lands that abut the proposed land division and that are owned by or under option, whether formal or informal, contract or lease to the owner. The department may require a recordable covenant running with the land with respect to those unplatted lands.

Trans 233.05(3) (3) No person may connect a highway or a private road or driveway with a state trunk highway, connecting highway, or with a service road lying partially within the right-of-way of a state trunk highway or connecting highway, without first obtaining a permit under s. 86.07, Stats. The department may not issue a permit authorizing the connection of a highway with a state trunk highway or connecting highway to any person other than a municipality or county. The department may not issue any permit under s. 86.07, Stats., prior to favorable department review of the preliminary or final land division map or, for a subdivision plat, prior to the department’s certification of no objection.

Trans 233.05 Note Note: The authority maintaining the highway is the one that issues, denies or places conditions on any permit issued under s. 86.07 (2), Stats. Cities and villages are responsible for the maintenance of connecting highways under s. 86.32 (1), Stats. Cities and villages must condition any permit issued with respect to a connecting highway upon compliance with all requirements imposed pursuant to this chapter.

Trans 233.05(4) (4) Whenever the department finds that existing and planned highways provide the land division with reasonable and adequate access to a highway, the department shall prohibit the connection to a state trunk highway or connecting highway of any highway and private road or driveway from within the land division.

Trans 233.05 Note Note: Rules governing construction of driveways and other connections with a state trunk highway are found in ch. Trans 231. Detailed specifications may be obtained at the Department’s district offices.