Chapter 82

82.35(2) (2) 

82.35(2)(a) (a) The board may contract in writing with the owner or lessee of any land through which it proposes to lay out a temporary highway, as to the location of the highway, and the damages that the owner or lessee is to receive. The contract shall be filed with the town clerk.

82.35(2)(b) (b) In the absence of a contract under par. (a), the board shall determine the location of the temporary highway and the award of damages. Unless an emergency exists, the board shall serve the landowner with notice of the location of the highway and the award of damages and shall provide the landowner with 48 hours to object. The town board shall file a written order with the town clerk specifying the location of the temporary highway and the damages awarded.

82.35(2)(c) (c) The owner or occupant of any land occupied by a temporary highway may, at any time after it is opened and within 30 days after it is vacated or discontinued, apply to the town board to determine the owner’s or occupant’s damages.

82.35(3) (3) If a temporary highway is opened in connection with or on account of road or bridge construction, the damages agreed upon or awarded pursuant to this section may be treated as part of the construction cost and paid out of the construction funds.

82.35(4) (4) A temporary highway shall exist only so long as needed and shall be considered vacated and discontinued when the permanent highway is again opened for public travel.

82.35 History History: 1991 a. 316; 2003 a. 214 ss. 124 to 127, 172; Stats. 2003 s. 82.35.

82.35 Note NOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.

82.37 82.37 Tunnel under highway by landowner. The owner of land on both sides of a town highway may construct a tunnel under the highway, and may erect fences that are necessary for the use of the tunnel. The tunnel shall not interfere with or endanger travel on the highway. The owner shall maintain the tunnel and shall be liable for all damages that occur as a result of the failure to keep the tunnel in repair. Unless authorized by a town meeting, the tunnel shall not be less than 25 feet in length. The electors of the town at an annual town meeting may authorize the construction of a tunnel that is less than 25 feet, but at least 16 feet in length.

82.37 History History: 1989 a. 56, 359; 2003 a. 214 s. 138; Stats. 2003 s. 82.37.

82.37 Note NOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.

82.50 82.50 Town road standards.

82.50(1) (1) The following minimum geometric design standards are established for improvements on town roads:

- See PDF for table

82.50(1)(a) (a) Local service, intermittent traffic

82.50(1)(a)1. 1. Right-of-way   3 rods

82.50(1)(a)2. 2. Roadway width   20 feet

82.50(1)(a)3. 3. Surface width   16 feet

82.50(1)(b) (b) Under 100 ADT

82.50(1)(b)1. 1. Right-of-way   3 rods

82.50(1)(b)2. 2. Roadway width   24 feet

82.50(1)(b)3. 3. Surface width   18 feet

82.50(1)(b)4. 4. Maximum grades   9 percent-11 percent

82.50(1)(c) (c) 100 to 250 ADT

82.50(1)(c)1. 1. Right-of-way   4 rods

82.50(1)(c)2. 2. Roadway width   26 feet

82.50(1)(c)3. 3. Surface width   20 feet

82.50(1)(c)4. 4. Maximum grades   8 percent-11 percent

82.50(1)(d) (d) 251 to 400 ADT

82.50(1)(d)1. 1. Right-of-way   4 rods

82.50(1)(d)2. 2. Roadway width   32 feet

82.50(1)(d)3. 3. Surface width   22 feet

82.50(1)(d)4. 4. Maximum grades   6 percent-8 percent

82.50(1)(d)5. 5. Curvature   6°-12.5°

82.50(1)(e) (e) 401 to 1,000 ADT

82.50(1)(e)1. 1. Right-of-way   4 rods

82.50(1)(e)2. 2. Roadway width   34 feet

82.50(1)(e)3. 3. Surface width   22 feet

82.50(1)(e)4. 4. Maximum grades   5 percent-8 percent

82.50(1)(e)5. 5. Curvature   5°-12.5°

82.50(1)(f) (f) 1,001 to 2,400 ADT

82.50(1)(f)1. 1. Right-of-way   4 rods

82.50(1)(f)2. 2. Roadway width   44 feet

82.50(1)(f)3. 3. Surface width   24 feet

82.50(1)(f)4. 4. Maximum grades   5 percent-7 percent

82.50(1)(f)5. 5. Curvature   4.5°-7.5°

82.50(1)(g) (g) Over 2,400     State trunk standards

82.50(2) (2) The department may approve deviations from the minimum standards in special cases where the strict application of the standards is impractical and where such deviation is not contrary to the public interest and safety and the intent of this section.

82.50(3) (3) This section does not apply to improvements on town roads existing on October 1, 1992.

82.50 History History: 1981 c. 20; 1987 a. 137 s. 6; 1989 a. 56; 1991 a. 39; 1993 a. 490; 1999 a. 85; 2003 a. 214 s. 182; Stats. 2003 s. 82.50.

82.50 Note NOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.

82.50 Annotation This section vests in a town a certain degree of discretion with respect to complying with minimum standards for town roads. Nothing in the statutes controls the circumstances in which a town may apply for a deviation under sub. (2), which indicates that the application is left to the town’s discretion. DSG Evergreen Family Limited Partnership v. Town of Perry, 2020 WI 23, 390 Wis. 2d 533, 939 N.W.2d 564, 17-2352.

82.50 Annotation Sub. (1) does not impose obligations on a town that are susceptible to a declaration of rights, nor does it create a private cause of action by which a plaintiff can recover damages for an alleged failure to construct a proper road. DSG Evergreen Family Limited Partnership v. Town of Perry, 2020 WI 23, 390 Wis. 2d 533, 939 N.W.2d 564, 17-2352.

82.51 82.51 Rules for town road bridge standards. The department shall establish by rule uniform minimum design standards for the improvement of town road bridges.

82.51 History History: 1981 c. 20; 1987 a. 137 s. 6; 2003 a. 214 s. 83; Stats. 2003 s. 82.51.

82.51 Note NOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.

82.52 82.52 Rules for town road standards. The department shall establish by rule uniform minimum geometric standards for the improvement of existing town roads.

82.52 History History: 1991 a. 39; 2003 a. 214 s. 184; Stats. 2003 s. 82.52.

82.52 Note NOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.