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:
(c)
Bike paths, sidewalks, hiking trails, and footpaths.(d)
ATV and snowmobile trails, except that roadways designated as ATV or snowmobile routes as defined in s. 23.33(1) (c) and 350.01(16), may be included in a scenic byway.(e)
Rustic roads designated under s. 83.42. (f)
Railroad rights of way. SECTION 10. Trans 202.08 is repealed and created to read:
Trans 202.08 Wisconsin scenic byway designation, as approved by the secretary, except as otherwise provided in this chapter, shall 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.
SECTION 11. Trans 202.09 is repealed and created to read:
Trans 202.09 Designation as a Wisconsin scenic byway may not:
1.
Prohibit or affect future roadway design or construction.2.
Change the existing state or federal classification of the highway.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.4.
Be considered in determining local transportation aids paid under § 86.30.5.
Affect enforcement of state or local traffic laws. SECTION 12. Trans 202.10 (1) is repealed and created to read:
Trans 202.10 (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). (a) The department with respect to state trunk highways under its jurisdiction.
(b) The local units of government with respect to any highway under their maintenance not described in par. (a), including connecting highways.
SECTION 13. Trans 202.13 (3) is amended to read:
Trans 202.13 (3) The SBAC may recommend to the secretary that a scenic byway designation for a particular state trunk highway 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.
