Summary of Factual Data and Analytical Methodologies: Wisconsin Stat. § 84.106(2), requires the Department to promulgate rules related to the scenic byway program. 2011 Wisconsin Act 147 is consistent with the authorizing legislation for a national scenic byways program found in Title 23 U.S.C. § 162, and the control of outdoor advertising on scenic byways on the Federal Aid Primary System found in Title 23 U.S.C. § 131(s). Analysis Regarding Rule’s Effect on Small Businesses: This proposed rule neither requires nor prohibits any action on the part of any small business. This rule will not impose any direct or indirect costs on small businesses. The anticipated economic impact of implementing the proposed rule changes are:
• Scenic byways designation may provide an additional attraction for tourists. Therefore, more scenic byway designations should have a positive impact on tourism.
• Scenic byway designation provides municipalities on a route with a means of distinguishing themselves from other nearby municipalities (e.g., “come visit us; we are a scenic byway”). Designation also creates additional avenues for promotion at the local level.
• In 2004, an economic impact study and marketing analysis was conducted of Wisconsin’s first scenic byway known as the Great River Road. The route is primarily on WIS 35, from Prescott to Kieler. The study showed that in 2003, recreational users along the Great River Road Scenic Byway generated an estimated $337.5M in tourist expenditures. These expenditures supported an estimated 10,219 full-time equivalent jobs on the scenic byway. The full-time jobs generated an estimated additional $145M in wages and proprietary income.
• No other studies or analyses have been done in Wisconsin regarding the economic impact of scenic byways.
Fiscal Estimate: The Department estimates that the fiscal impact will be to towns, villages, cities, counties or tribal governments for the purchase and installation of scenic byway logo signs on a local road or county trunk highway that is part of a formally designated scenic byway route. Scenic Byways logo signs are needed to identify the route and guide travelers along it.
2011 Wisconsin Act 147 creates Wis. Stat. § 84.106(3), related to marking highways. Wisconsin Stat. § 84.106(3) specifies that the Department shall be responsible for the installation and maintenance of logo signs along the state trunk highway system. 2011 Wisconsin Act 147 also specifies that the local government that has maintenance authority over a road or highway shall be responsible for the installation and maintenance of logo signs along those roads. The current cost of a logo sign, post, and installation is $175. There is an average of 0.68 signs per mile on the three formally designated byways (excluding the Great River Road) in Wisconsin. The minimum length for a Wisconsin scenic byway is 30 miles. Assuming the route is solely on county highways or local roads, approximately 20 signs would be needed for a total cost of $3,500. It is important to note that the total cost would be shared by the local governments abutting the route. The actual cost per local government would depend on the percentage of the mileage of the local roads that comprise the scenic byways route.
Local governments may be able to coordinate with local service clubs or commissions to help defray the purchase cost of the signs. However, they have the ultimate responsibility for the purchase, installation and on-going maintenance of these signs.
The Department estimates that there will be no other fiscal impact on the liabilities or revenues of any town, village, city, county or tribal government related to scenic byway designation.
Anticipated costs incurred by the private sector: None.
Effect on small businesses: This proposed rule neither requires nor prohibits any action on the part of any small business. This rule will not impose any direct or indirect costs on small businesses.
A scenic byways designation provides an additional attraction for tourists. Small businesses located along a formally designated byway that are involved in the provision of goods and services related to tourism or travel may experience an incremental increase in visitors and revenues due to increased visitation by tourists as a result of byway designation. The agency contact person listed below is also the small business regulatory coordinator for this proposed rule. This proposed rule, fiscal estimate, and other related documents may be viewed at https://health.wisconsin.gov/admrules/public/Home. Agency Contact Person:
Jane V. Carrola, Scenic Byways Coordinator
State of Wisconsin Department of Transportation
4802 Sheboygan Avenue, Room 901
P.O. Box 7913
Madison, WI 53707-7913
Phone: (608) 266-0649
Fax: (608) 267-0294
Place Where Comments Should Be Submitted and Deadline: Comments may be submitted to the agency contact person listed above until the deadline given in the upcoming notice of public hearing. The deadline for submitting comments and the notice of public hearing will be posted on the Wisconsin Administrative Rules Website at http://adminrules.wisconsin.gov after the hearing is scheduled. TEXT OF PERMANENT RULE
SECTION 1. Trans 201.23 (2) is amended to read:
Trans 201.23 (2) After March 1, 2005, no sign visible from the main-traveled way of a an interstate or primary highway that is a scenic byway may be erected except the following:
Note: Under Trans 202.05(4)(2016), interstates are not currently eligible for scenic byway designation.
SECTION 2. Trans 201.23 note is created to read:
Trans 201.23 Note: Signs which are not on or visible from the main-traveled way of an interstate or primary highway are not subject to outdoor advertising regulations under s. 84.30, Wis. Stat. Local ordinances govern regulations on other routes. SECTION 3. Trans 202.01 (1) is amended to read:
Trans 202.01 (1) As required by s. 84.106, Stats., this chapter establishes a Wisconsin scenic byways program. This chapter establishes the criteria and procedures to be used by the secretary to designate scenic byways. portions of the state trunk highway system as a scenic byway when the highway corridor possesses unusual, exceptional, or distinctive scenic features. SECTION 4. Trans 202.01 (2) is amended to read:
Trans 202.01 (2) The purpose of this chapter is to identify, designate, promote and preserve a system of state trunk highways recognized for their outstanding scenic views and ability to offer travelers an exceptional travel experience. These byway corridors shall highlight the best scenic qualities along with the natural, historic, archeological, cultural and recreational opportunities available in Wisconsin. Program participation may increase roadway corridor recognition, increase marketing potential, promote community consensus building, aid in preservation of resources, and increase eligibility for federal or state funding for certain byway related projects along the corridor.
SECTION 5. Trans 202.02 (4) is amended to read:
Trans 202.02 (4) “Corridor management plan” or “CMP” means a written document authored by the local government sponsor that serves as the coordinating plan by which the scenic, historical, recreational, cultural, archeological and natural qualities on a designated byway are maintained and promoted.
SECTION 6. Trans 202.02 (10m) is created to read:
Trans 202.02 (10m) “Scenic byway sign” means an official sign designating a scenic byway as set forth in the manual adopted by the department, the Wisconsin Manual on Uniform Traffic Control Devices (MUTCD) under s.84.02(4)(e).
SECTION 7. Trans 202.02 (14) is amended to read:
Trans 202.02 (14) "Wisconsin scenic byway" or “scenic byway” means a state trunk highway or combination of contiguous segments of state and federal highways, connecting highways, county highways and local roads state trunk highways that has have special scenic qualities or historic resources and may in addition have special scenic, historic, recreational, cultural, archeological, or natural qualities for which they are that is designated as a scenic byway by the secretary pursuant to s. 84.106 Stats. SECTION 8. Trans 202.05 (2) is amended to read:
Trans 202.05 (2) The route shall be on the state trunk highway system and be approximately 30 miles in length at a minimum and, where feasible, provide a completed closure or loop or connect to major highways at both ends of the route. The route may contain municipal streets or highways that the department has designated as connecting highways and that are marked as part of the state trunk highway system.
SECTION 9. Trans 202.05 (4) is repealed and created to read:
Trans 202.05 (4) The following are not eligible for scenic byway designation:
