AB1146: Bill Text

AB1146,3 Section 3. 84.30 (1) of the statutes is amended to read:

AB1146,5,9 84.30 (1) Legislative findings and purpose. To promote the safety, convenience and enjoyment of public travel, to preserve the natural beauty of Wisconsin, to aid in the free flow of interstate commerce, to protect the public investment in highways, and to conform to the expressed intent of congress to control the erection and maintenance of outdoor advertising signs, displays and devices adjacent to the national system of interstate and defense highways, it is hereby declared to be necessary in the public interest to control the erection and maintenance of billboards and other outdoor advertising devices adjacent to said system of interstate and federal-aid primary highways and, the Great River Road, and scenic byways.

AB1146,4 Section 4. 84.30 (2) (a) of the statutes is amended to read:

AB1146,5,14 84.30 (2) (a) “Adjacent area" means an area which is adjacent to and within 660 feet of the nearest edge of the right-of-way of any interstate or primary highway or, the Great River Road, or a scenic byway, which 660 feet distance shall be measured horizontally along a line normal or perpendicular to the center line of the highway.

AB1146,5 Section 5. 84.30 (2) (dg) of the statutes is created to read:

AB1146,5,23 84.30 (2) (dg) “Customary maintenance" means any of the following and similar activities when performed to maintain a sign in substantially the same form as when the sign became nonconforming: preparing surfaces for painting; repairing or replacing fasteners such as nails, screws, or bolts; replacing lighting components and associated fixtures; or fastening broken pieces of a sign back together with glue or fasteners. “Customary maintenance" does not include using different materials for any replacement or adding any structural elements such as posts, poles, braces or guy wires, crossbeams, or sign faces.

AB1146,6 Section 6 . 84.30 (2) (im) of the statutes is created to read:

AB1146,6,2 84.30 (2) (im) “Scenic byway" means a highway designated by the department as a scenic byway under s. 84.106.

AB1146,7 Section 7. 84.30 (2) (j) of the statutes is amended to read:

AB1146,6,8 84.30 (2) (j) “Sign" means any outdoor advertising sign, display, device, notice, figure, painting, drawing, message, placard, poster, billboard, or other thing, which is designed, intended, or used to advertise or inform, any part of the advertising or informative contents of which is visible from any place on the main-traveled way of any portion of an interstate highway or, primary highway, or scenic byway.

AB1146,8 Section 8. 84.30 (3) (intro.) of the statutes is amended to read:

AB1146,6,12 84.30 (3) Signs prohibited. (intro.) No sign visible from the main-traveled way of any interstate or federal-aid highway or scenic byway may be erected or maintained, except the following:

AB1146,9 Section 9. 84.30 (3) (c) 2. of the statutes is amended to read:

AB1146,6,19 84.30 (3) (c) 2. Signs that are not effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled ways of the interstate or federal-aid primary highway or scenic byway and that are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or that otherwise interfere with any driver's operation of a motor vehicle, are prohibited.

AB1146,10 Section 10. 84.30 (3) (e) of the statutes is amended to read:

AB1146,6,23 84.30 (3) (e) Signs to be erected in business areas subsequent to March 18, 1972 which when erected will, but before the effective date of this paragraph .... [LRB inserts date], that comply with sub. (4).

AB1146,11 Section 11 . 84.30 (3) (gm) of the statutes is created to read:

AB1146,7,3 84.30 (3) (gm) Signs that were lawfully in existence on the effective date of this paragraph .... [LRB inserts date], and that conform to the requirements of s. 84.30, 2019 stats.

AB1146,12 Section 12. 84.30 (3) (h) of the statutes is amended to read:

AB1146,7,7 84.30 (3) (h) Signs outside the adjacent area which are not erected with the purpose of their message being read from the main-traveled way of an interstate or primary highway or scenic byway.

AB1146,13 Section 13. 84.30 (4) (intro.) of the statutes is amended to read:

AB1146,7,17 84.30 (4) Sign criteria. (intro.) The department shall effectively control or cause to be controlled, the erection and maintenance of outdoor advertising signs, displays and devices that are erected subsequent to March 18, 1972 , but before the effective date of this subsection ... [LRB inserts date], in all business areas. Whenever a bona fide county or local zoning authority has made a determination of customary use, as to size, lighting and spacing such determination may be accepted in lieu of controls by agreement in the zoned commercial and industrial areas within the geographical jurisdiction of such authority. In all other business areas, the criteria set forth below shall apply:

AB1146,14 Section 14. 84.30 (4) (b) 1. of the statutes is amended to read:

AB1146,7,22 84.30 (4) (b) 1. Signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights are prohibited, except those specified in par. (bm) and those giving public service information such as time, date, temperature, weather, or similar information.

AB1146,15 Section 15. 84.30 (4) (b) 2. of the statutes is amended to read:

AB1146,8,4 84.30 (4) (b) 2. Signs which are not effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled ways of the interstate or federal-aid primary highway or scenic byway and which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or which otherwise interfere with any driver's operation of a motor vehicle are prohibited.

AB1146,16 Section 16. 84.30 (4) (bm) of the statutes is repealed.

AB1146,17 Section 17. 84.30 (4) (c) 1. of the statutes is amended to read:

AB1146,8,11 84.30 (4) (c) 1. On interstate and federal-aid primary highways and scenic byways signs may not be located in such a manner as to obscure, or otherwise physically interfere with the effectiveness of an official traffic sign, signal, or device, obstruct or physically interfere with the driver's view of approaching, merging, or intersecting traffic.

AB1146,18 Section 18. 84.30 (4) (c) 2. of the statutes is amended to read:

AB1146,8,19 84.30 (4) (c) 2. On interstate highways and, freeways on the federal-aid primary system, and freeways on a scenic byway no 2 structures shall be spaced less than 500 feet apart. Outside of incorporated villages and cities, no structure may be located adjacent to or within 500 feet of an interchange, intersection at grade, or safety rest area. Said 500 feet shall be measured along the interstate or freeway from the beginning or ending of pavement widening at the exit from or entrance to the main-traveled way.

AB1146,19 Section 19. 84.30 (4) (c) 3. of the statutes is amended to read:

AB1146,8,24 84.30 (4) (c) 3. On nonfreeway federal-aid primary highways and scenic byways outside incorporated villages and cities, no 2 structures shall be spaced less than 300 feet apart. Within incorporated villages and cities, no 2 structures shall be spaced less than 100 feet apart.

AB1146,20 Section 20. 84.30 (5) (br) of the statutes is repealed.

AB1146,21 Section 21. 84.305 of the statutes is repealed.

AB1146,22 Section 22. 227.43 (1) (bg) of the statutes is amended to read:

AB1146,9,9 227.43 (1) (bg) Assign a hearing examiner to preside over any hearing or review under ss. 84.30 (18), 84.305, 84.31 (6) (a), 85.013 (1), 86.073 (3), 86.16 (5), 86.195 (9) (b), 86.32 (1), 101.935 (2) (b), 101.951 (7) (a) and (b), 114.134 (4) (b), 114.135 (9), 114.20 (19), 175.05 (4) (b), 194.145 (1), 194.46, 218.0114 (7) (d) and (12) (b), 218.0116 (2), (4), (7) (a), (8) (a) and (10), 218.0131 (3), 218.11 (7) (a) and (b), 218.22 (4) (a) and (b), 218.32 (4) (a) and (b), 218.41 (4), 218.51 (5) (a) and (b), 341.09 (2m) (d), 342.26, 343.69, 348.105 (5) (h), and 348.25 (9).

AB1146,23 Section 23. Initial applicability.

AB1146,9,12 (1) The treatment of s. 84.30 (2) (dg) first applies to work performed on a sign on the effective date of this subsection.

AB1146,9,13 (End)