Chapter 86

86.10 86.10 Salvage in highway construction. Materials removed from a highway incident to its improvement or maintenance which are suitable for reuse or have a market value, and which are not used in or disposed of under the contract for the work, shall become the property of the duly constituted authority maintaining the highway from which the material was removed and may be used or disposed of by such authority in the manner as in its judgment is for the best interest of the public, and any money received for such material shall be paid into the maintenance fund.

86.105 86.105 Snow removal in private driveways. The governing body of any county, town, city or village may enter into contracts to remove snow from private roads and driveways.

86.105 Annotation This section must be construed narrowly. Plowing of private parking lots is not authorized. Only in exceptional circumstances would plowing private driveways be permissible. 67 Atty. Gen. 304.

86.11 86.11 Highways; railroad crossings; grade separation. Whenever any highway crosses a railroad at grade and the town, village or county board or the city council or city commissioners other than in a city of the first class, as the case may be, shall deem it for the best interest of the public that said highway and railroad shall cross at separate grades, and when an agreement can be made between such board and the railroad company as to the manner of constructing of such separated grade crossing and doing the necessary work they may contract therefor; and such board shall after entering into such contract levy a tax sufficient to raise the money required to carry out such contract on its part, which tax shall be collected at the time and in the manner as other taxes are, and when collected shall be set aside as a special fund and used for said purpose. The plans for such grade separation shall have the approval of the department before the contract shall be binding or the change shall be made.

86.11 History History: 1977 c. 29 s. 1654 (10) (e).

86.12 86.12 Highway railroad grade crossings; construction and repair.

86.12(1) (1) All railroad companies owning or operating tracks crossing streets or highways at grade shall keep the surface of the crossings between the tracks and rails and extending 4 feet on either side of the outside rails, in good condition and repair for highway travel. The county board or the common council, village board or town board of the municipality in which the crossing is located may, by resolution, require any such railroad company to pave, plank, repair, change or otherwise improve the crossings, as the needs require. The clerk of the county, city, village or town shall serve a copy of the resolution upon the local agent of the railroad company.

86.12(2) (2) If a railroad company fails to comply with the resolution in sub. (1) within 30 days after service of the resolution, the county board, common council, village board or town board may file a complaint with the office alleging the failure. The office shall investigate and determine the matter in controversy as provided in ch. 195. An order issued by the office under this subsection has the same effect as an order in a proceeding brought under ch. 195.

86.12 History History: 1977 c. 29 s. 1654 (10) (b); 1977 c. 72; 1985 a. 29; 1993 a. 16, 123.

86.13 86.13 Railroads to maintain highway crossings.

86.13(1) (1) When any street or highway crosses any railroad track at grade, the company owning or operating the railroad shall grade, construct and maintain in good and safe condition for public travel the portion of such street or highway extending across said track. When such street or highway shall be or is about to be paved, surfaced or otherwise improved, the railway company shall improve, pave or surface such crossing between the tracks and rails and extending 4 feet beyond the outside rails on its right-of-way in substantially the same manner as the adjacent highway and with substantially the same materials, but this provision applies in cities only when the work is under ch. 83 or 84. This section shall not restrict the application of s. 66.0727 relating to special assessments against railroads for street improvements.

86.13(2) (2) The public board, committee or officer in charge of an improvement of a portion of a street or highway adjacent to a railroad crossing shall notify the railway company of the company’s responsibility to make the improvement in sub. (1). The notice to the company shall be in writing and shall specify with reasonable certainty the work to be done by the company and may be served on any station agent of the company in this state. But failure to give such notice shall not prevent a recovery from the company of such sum as may be equitably due for the performance of a duty imposed by this section upon the company.

86.13(3) (3) If any railroad company fails to grade, construct, pave, surface or otherwise improve or maintain in good and safe condition for public travel as required by this section any street or highway crossing after having been notified so to do by the officer in charge thereof or of the highway improvement for 30 days after such notification, the highway authorities may file a complaint with the office. The office shall investigate and determine the matter in controversy as provided in ch. 195. An order issued by the office under this subsection has the same effect as an order in a proceeding brought under ch. 195.

86.13(5) (5) Any railroad company that receives notice from the department under this section with respect to a state trunk highway may file a claim for reimbursement with the department. The department shall reimburse claimants for 85 percent of the eligible costs incurred in the repair of a highway grade crossing. No claim for reimbursement may be paid by the department under this subsection unless the department approved the plans and estimated cost of the project prior to the start of the project. The department may inspect each completed project to verify the amount of the claim for reimbursement. The department shall create a procedure for establishing the priority for projects with respect to state trunk highways under this section for the purpose of programming reimbursements.

86.13 History History: 1977 c. 29; 1979 c. 34; 1981 c. 20; 1985 a. 29; 1987 a. 137 s. 6; 1993 a. 16, 123, 490; 1999 a. 150 s. 672.

86.135 86.135 Railroad highway crossings; traffic control. All railroad companies, and their officers, agents, and employees, constructing, maintaining, or repairing railroad highway crossings shall comply with the traffic control provisions directed to the safe and expeditious movement of traffic through construction and maintenance zones and to the safety of the work force performing these operations contained in the manual establishing a uniform system of traffic control as adopted by the department under s. 84.02 (4) (e).

86.135 History History: 1983 a. 27; 1987 a. 137 s. 6.

86.14 86.14 Strength of bridges.

86.14(1) (1) After July 1, 1943, no bridge or culvert shall be constructed in any highway unless it shall be designed to have sufficient strength to carry at least 15 ton truck loading in accordance with standard specifications covering design for structures as adopted by the department and in force at the time of design. Repairs to any bridge or culvert shall be of substantial character, strengthening same as much as practical.

86.14(2) (2) Any person who subjects any bridge or culvert to a load in excess of maximum limitations on weight of vehicles on highways imposed by law or regulations thereunder or limitation as to gross weight of vehicles as posted on or at any such bridge or culvert shall be liable for double the amount of damages that may be caused thereby. There shall be no recovery for any injury to that person or to the property in that person’s keeping.

86.14(3) (3) Every person who willfully injures any highway structure shall be liable for treble damages to the subdivision of the state chargeable with the maintenance or repair of such structure.

86.14 History History: 1977 c. 29 s. 1654 (8) (c); 1987 a. 137 s. 6; 1991 a. 316.

86.14 Annotation The value of a bridge is its value to its owner. Determinative factors include opinion evidence, cost, use, cost of restoration, ease or likelihood of repair, continued usefulness, and the age and condition of the bridge. Town of Fifield v. State Farm Insurance Co. 119 Wis. 2d 220, 349 N.W.2d 684 (1984).

86.15 86.15 Donations of highway aid to adjoining municipalities.

86.15(1) (1) Any town, city or village to which is or has been bequeathed or donated money or other property for the construction of a proposed highway or the improvement of an existing highway, either or both of the terminals or any part of which highway are outside the limits of such town, city or village, may accept such bequest or donation, and with the consent of the councils of the cities, the boards of the towns and villages and the boards or other bodies in control of any state lands, through or into which such proposed highway may be constructed or such existing highway may be improved, which permission said councils and boards are hereby authorized to grant, may enter such towns, cities, villages, and state land, and may do all other things necessary for the purpose of carrying out the terms and conditions of such bequest or donation.

86.15(2) (2) Any city, of the fourth class, however organized, may appropriate a sum not to exceed one-fourth of one mill on each dollar of the assessed valuation of such city, according to the last preceding assessment therein, for the purpose of aiding any adjoining town, city or village in the construction or improvement of any highway or part thereof in accordance with the terms and conditions of any bequest or donation to such adjoining town, city or village, and any part of such moneys so appropriated may be expended within or without the corporate limits of such city.

86.16 86.16 Utility lines on highways; place of poles; penalty.

86.16(1) (1) Any person, firm, or corporation, including any foreign corporation authorized to transact business in this state, may, subject to ss. 30.44 (3m), 30.45 and 196.491 (3) (d) 3m., with the written consent of the department with respect to state trunk highways, and with the written consent of local authorities with respect to highways under their jurisdiction, including connecting highways, construct and operate lines, wires, or fiber for telecommunications service, as defined in s. 182.017 (1g) (cq), telegraph, telephone, or electric lines, or pipes or pipelines, for the purpose of transmitting voice, video, data, messages, water, liquid manure, heat, light, or power along, across, under, or within the limits of the highway.

86.16(1m) (1m) 

86.16(1m)(a) (a) If a pipe or pipeline transmitting liquid manure along, across, or within the limits of a highway under the jurisdiction of a local authority is not subterranean, all of the following apply:

86.16(1m)(a)1. 1. Subject to par. (c), a person holding a permit issued by the local authority under s. 86.07 (2) for a manure hose that is the pipe or pipeline is not required to obtain written consent for the pipe or pipeline under sub. (1).

86.16(1m)(a)2. 2. Subject to par. (c), a person may obtain written consent under sub. (1) for the pipe or pipeline in lieu of obtaining a permit issued by the local authority under s. 86.07 (2).

86.16(1m)(b) (b) Any culvert installed in the ground for the purpose of running through it a hose transmitting liquid manure is considered a pipe or pipeline transmitting liquid manure under sub. (1) and, before such installation, written consent under sub. (1) is required.

86.16(1m)(c) (c) A local authority may specify that only the permit described in par. (a) 1. or only the written consent described in par. (a) 2. will be accepted by the local authority as the method for authorizing a pipe or pipeline transmitting liquid manure within or across a highway right-of-way.

86.16(2) (2) All poles used in the construction of such lines shall be set in such manner as not to interfere with the use of such highway by the public, nor with the use of the adjoining land by the owner thereof; and all pole lines shall hereafter be constructed so as to meet the requirements of the provisions of the state electrical code promulgated by the public service commission.

86.16(3) (3) No tree shall be cut, trimmed or the branches thereof cut or broken in the construction or maintenance of any such line without the consent of the owner of the tree.

86.16(4) (4) Any person erecting any telephone, telegraph, electric light or other pole or stringing any telephone, telegraph, electric light or other wire, or constructing any pipes or pipe lines in violation of the provisions of this section shall forfeit a sum not less than $10 nor more than $50.

86.16(5) (5) Any person, firm, or corporation whose written application for permission to construct such lines, pipes, or pipelines within the limits of a highway has been refused, or has been on file with the department or local authority for 20 days and no action has been taken thereon, may file with the department or local authority a notice of appeal to the division of hearings and appeals. The department or local authority shall thereupon return all of the papers and action of the department or local authority to the division of hearings and appeals, and the division of hearings and appeals shall hear and try and determine the appeal on 10 days’ notice to the department or local authority, and the applicant. The order entered by the division of hearings and appeals shall be final.

86.16(6) (6) If the department consents under sub. (1) to the construction of broadband infrastructure in unserved areas, as designated under s. 196.504 (2) (e), the department may not charge any fee for the initial issuance of any permit necessary to construct broadband infrastructure along, across, or within the limits of a highway.

86.16 History History: 1977 c. 29 s. 1654 (8) (d), (e); 1979 c. 34; 1981 c. 347 s. 80 (2); 1989 a. 31; 1993 a. 16, 490; 1997 a. 204; 2007 a. 63; 2015 a. 231; 2017 a. 59; 2023 a. 77.

86.16 Cross-reference Cross-reference: See also s. Trans 200.05, Wis. adm. code.

86.16 Annotation Pipelines to transport water under sub. (1) include wastewater as well as freshwater pipelines. Review of a town’s refusal to grant permission to a city to construct a sewer line was within the scope of DHA’s authority under sub. (5). Town of Barton v. Division of Hearings & Appeals, 2002 WI App 169, 256 Wis. 2d 628, 649 N.W.2d 293, 01-1209.

86.17 86.17 Taking water from highway streams.

86.17(1) (1) The general public shall have the right to use and take water from any spring, creek or running water that may be found running in or across the limits of any public highway, provided that this section shall not interfere with the tunneling or piping of water for the purpose of draining or improving lands on either side of such highway.

86.17(2) (2) Any person who shall wantonly interfere with the free use of the water from any spring or in any creek or stream running across or in any highway shall be guilty of a misdemeanor and be liable to any person damaged thereby for all damages sustained.

86.18 86.18 Milwaukee County highways; location, alteration, maintenance.

86.18(1) (1) The county board of any county having a population of 250,000 or more may acquire, establish, lay out, relocate, widen, enlarge, extend, pave, repave, improve and maintain county trunk highways therein, and when requested by resolution adopted by the governing body of any municipality situated therein, any other highway located in such municipality; to construct and lay water pipes, sewers, curbs, gutters and all other public facilities in such highways; to make assessments of benefits and damages, levy assessments, and issue assessment certificates and bonds in the making of and paying for said improvement to the same extent as is given to cities on the same subject matter.

86.18(2) (2) In acquiring property for any purpose covered by sub. (1) the county board shall proceed under ch. 32, except that the board shall determine the necessity of the taking, and the county highway commissioner shall perform all the duties of the commissioners in making awards and appraisals under s. 32.05.

86.18(3) (3) Any party to the condemnation proceedings may appeal from the award of the county highway commissioner in the manner provided for appeals from awards of commissioners in ch. 32 and such appeal shall be heard and delivered as are appeals in ch. 32.

86.18(4) (4) The county highway commissioner shall have all the powers now given to the city board of public works in making assessments of benefits and damages in highway improvements, and the same proceedings shall be had and taken after the highway commissioner’s report is filed with the county clerk as by s. 66.0703 is had and taken in the report of such board of public works in city assessments. Notices of both the preliminary and final reports shall be published as a class 2 notice, under ch. 985, in the official county paper, and the date of hearing in each case shall not be earlier than 5 days after the last insertion. Appeals from the final determination of the highway commissioner may be had, and shall thereafter be heard as provided in s. 66.0703 (12) and such remedy shall be exclusive.

86.18 History History: 1989 a. 31; 1991 a. 32; 1999 a. 150 s. 672.

86.185 86.185 Populous counties; power over county trunk highways. Counties having a population of at least 150,000 may exercise any corresponding power over county trunk highways that is conferred upon cities in the widening or improving and maintaining of state trunk or county trunk highways, the constructing or laying of water pipes, sewers and all other public service facilities therein, and in the levying of special assessments and issuing of assessment certificates and special improvement bonds.

86.185 History History: 1989 a. 31.

86.19 86.19 Highway signs, regulation, prohibition.

86.19(1) (1) Except as provided in sub. (1m), (1n), (1o), or (1p) or s. 84.01 (30) (g), no sign shall be placed within the limits of any street or highway except such as are necessary for the guidance or warning of traffic or as provided by ss. 60.23 (17m) and 66.0429. The authorities charged with the maintenance of streets or highways shall cause the removal therefrom and the disposal of all other signs.

86.19(1g) (1g) 

86.19(1g)(am) (am)

86.19(1g)(am)1. 1. Subject to subd. 2., the department shall erect and maintain 2 directional signs along eastbound and westbound I 94 and 4 directional signs along the exit ramps that correspond to the signs along the main roadway in Milwaukee County for the Basilica of St. Josaphat.

86.19(1g)(am)2. 2. Upon receipt of sufficient contributions from interested parties, including any county, city, village, or town, to cover the costs of fabricating, erecting, and maintaining the signs specified in subd. 1., the department shall erect and maintain the signs. No state funds, other than from the receipt of contributions under this subdivision, may be expended for the fabrication, erection, or maintenance of the signs.

86.19(1g)(bm) (bm)

86.19(1g)(bm)1. 1. Subject to subd. 2., the department shall erect and maintain 2 directional signs along eastbound and westbound I 90/94 and 2 directional signs along the exit ramps that correspond to the signs along the main roadway for the Wisconsin Basketball Coaches Association Hall of Fame in Columbia County.

86.19(1g)(bm)2. 2. Upon receipt of sufficient contributions from interested parties, including any county, city, village, or town, to cover the costs of fabricating, erecting, and maintaining the signs specified in subd. 1., the department shall erect and maintain the signs. No state funds, other than from the receipt of contributions under this subdivision, may be expended for the fabrication, erection, or maintenance of the signs.

86.19(1g)(c) (c)

86.19(1g)(c)1. 1. Subject to subd. 2., the department shall erect and maintain all of the following directional signs for the Iola Car Show:

86.19(1g)(c)1.a. a. Two signs along eastbound and westbound USH 10 at the intersection with STH 49 at Fulton Street in the city of Waupaca.

86.19(1g)(c)1.b. b. Two signs along eastbound and westbound USH 10 at the intersection with STH 161 in Portage County.

86.19(1g)(c)1.c. c. Two signs along eastbound and westbound STH 29 at the intersection with STH 49 in Marathon County.

86.19(1g)(c)1.d. d. Two signs along northbound and southbound STH 22 at the intersection with STH 110 and STH 161 in Waupaca County.

86.19(1g)(c)1.e. e. One sign along southbound STH 49 at the intersection with STH 66 in Portage County.

86.19(1g)(c)2. 2. Upon receipt of sufficient contributions from interested parties, including any county, city, village, or town, to cover the costs of fabricating, erecting, and maintaining the signs specified in subd. 1., the department shall erect and maintain the signs. No state funds, other than from the receipt of contributions under this subdivision, may be expended for the fabrication, erection, or maintenance of the signs.

86.19(1g)(d) (d)

86.19(1g)(d)1. 1. Subject to subd. 2., the department shall erect and maintain 2 directional signs along eastbound and westbound STH 54 for the Bergstrom Waterfowl Complex in the town of Bovina in Outagamie County.

86.19(1g)(d)2. 2. Upon receipt of sufficient contributions from interested parties, including any county, city, village, or town, to cover the costs of fabricating, erecting, and maintaining the signs specified in subd. 1., the department shall erect and maintain the signs. No state funds, other than from the receipt of contributions under this subdivision, may be expended for the fabrication, erection, or maintenance of the signs.

86.19(1g)(e) (e)

86.19(1g)(e)1. 1. Subject to subd. 2., the department shall erect and maintain all of the following directional signs for Soldiers Walk Memorial Park:

86.19(1g)(e)1.a. a. Two signs along eastbound and westbound I 94 at the STH 95 interchange and 2 signs along the exit ramps that correspond to the signs along the main roadway in Jackson County.

86.19(1g)(e)1.b. b. One sign along northbound STH 93 at the intersection with STH 95 in Trempealeau County.

86.19(1g)(e)1.c. c. One sign along westbound STH 95 at the intersection with STH 93 in Trempealeau County.

86.19(1g)(e)2. 2. No later than 6 months following receipt of sufficient contributions from interested parties, including any county, city, village, or town, to cover the costs of fabricating, erecting, and maintaining the signs specified in subd. 1., the department shall erect and maintain the signs. No state funds, other than from the receipt of contributions under this subdivision, may be expended for the fabrication, erection, or maintenance of the signs.

86.19(1g)(f) (f) The department shall erect and maintain 2 directional signs along eastbound and westbound I 94 at the Somers Road interchange in Kenosha County for Shoreland Lutheran High School.

86.19(1g)(g) (g)

86.19(1g)(g)1. 1. Subject to subd. 2., the department shall erect and maintain 2 signs displaying the words “Town of Lawrence” along northbound and southbound I 41 at the north and south jurisdictional boundaries of the town of Lawrence in Brown County.

86.19(1g)(g)2. 2. Upon receipt of sufficient contributions from interested parties, including any county, city, village, or town, to cover the costs of fabricating, erecting, and maintaining the signs specified in subd. 1., the department shall erect and maintain the signs. No state funds, other than from the receipt of contributions under this subdivision, may be expended for the fabrication, erection, or maintenance of the signs.

86.19(1g)(h) (h) The department shall erect and maintain directional signs along I 41, USH 45, and STH 28 for the Wisconsin 9/11 Memorial and Education Center in the village of Kewaskum in Washington County, a facility serving to honor those who perished and as a space of reflection for the state of Wisconsin.

86.19(1m) (1m) Notwithstanding sub. (1), the department shall place 100 signs near highways and in waysides that display a slogan or logo, or both, developed by the department of agriculture, trade and consumer protection to promote Wisconsin agricultural products. The signs shall be placed in prominent locations where they are likely to be seen by tourists from other states, except that no sign may be placed in violation of federal law.

86.19(1n) (1n) Notwithstanding sub. (1), a municipality may erect and maintain within the right-of-way of any highway within the boundaries of the municipality a municipal welcome sign, as defined in s. 84.30 (2) (hm). No sign under this subsection may be placed within the right-of-way of a highway designated as part of the national system of interstate and defense highways. A sign placed under this subsection is not a traffic control device and is not subject to the provisions of the Wisconsin manual on traffic control devices adopted by the department under s. 84.02 (4) (e).

86.19(1o) (1o) Notwithstanding sub. (1), the governing body of the Oneida Nation of Wisconsin may erect and maintain within the right-of-way of any highway within the boundaries of the Oneida Reservation signs denoting that the Oneida Reservation is a Purple Heart Reservation. No sign under this subsection may be placed within the right-of-way of a highway designated as part of the national system of interstate and defense highways, unless the placement is allowed or approved by the federal government or Federal Highway Administration. A sign placed under this subsection is not a traffic control device and is not subject to the provisions of the Wisconsin manual on traffic control devices adopted by the department under s. 84.02 (4) (e).

86.19(1p) (1p) 

86.19(1p)(a) (a) In this subsection, “tribal nation welcome sign” means an official sign erected and maintained by a federally recognized American Indian tribe or band in this state that the tribe or band determines is necessary to inform motorists of the territorial boundaries of the Indian reservation or other land held in trust for the tribe or band.