86.34(1g)(b)1.1. A severe storm, flood, fire, tornado, mudslide, or other natural event external to a highway or a catastrophic highway failure. 86.34(1g)(b)2.2. An event or recurring damage caused by any governmental unit or person acting under the direction or approval of, or permit issued by, any governmental unit and in response to an event described in subd. 1. 86.34(1g)(c)(c) “Governmental unit” means the state or any state agency, as defined in s. 20.001 (1); any county, city, village, town, or other political subdivision of the state; or the federal government or any of its agencies. 86.34(1g)(d)(d) “Highway” means a highway, as defined in s. 340.01 (22), that is not on the state trunk highway system. 86.34(1m)(a)(a) When any highway is damaged by a disaster, the county highway committee, or the governing body of the municipality having jurisdiction over the maintenance of the highway, may adopt a petition for aid under this section and file a certified copy of the petition with the department. To be eligible for aid the petition shall be filed not later than 2 months after the occurrence of the disaster damage, except as provided in par. (b). All such petitions shall state the dates on which the disaster damage occurred and as nearly as practical state the location, nature, and extent of the damage. 86.34(1m)(b)(b) The department may extend the filing deadline under par. (a) if it appears reasonably likely that federal disaster aid may be forthcoming or when widespread or continuous disaster damage makes an evaluation of damage difficult. 86.34(1m)(c)(c) A county or municipality having jurisdiction over the facilities damaged may apply for both state and federal aid for damage to the facilities pending a determination of eligibility. If federal aid is granted for damage to a particular facility, the federal aid shall be in lieu of aid otherwise available for such damage under this section. 86.34(2)(2) The department shall make such investigation as it deems necessary and within 6 months from the date of filing the petition shall make its determination as to the granting of aid, the amount thereof, and the conditions under which it is granted. In making its determination the department shall cause an estimate to be made of the cost of repairing or replacing the facilities damaged or destroyed to standards and efficiency similar to those existing immediately before the damage or destruction, and also an estimate of the cost of reconstructing the facilities to a higher type or improving any such facilities if determined to be warranted and advisable. Except as provided in subs. (2m) and (6), the amount of aid payable for damage caused by a disaster described in sub. (1g) (b) 1. shall be 75 percent of the cost of repair or replacement to standards similar to those existing immediately before the damage or destruction, plus 50 percent of the increased cost of the reconstruction to a higher type or the improvement of any of the facilities. Except as provided in subs. (2m) and (6), the amount of aid payable for damage caused by a disaster described in sub. (1g) (b) 2. shall be 70 percent of the cost of repair or replacement to standards similar to those existing immediately before the damage or destruction. The department may revise estimates on the basis of additional facts. The county, town, village, or city shall pay the remainder of the cost not allowed as aid, but this shall not invalidate any other provision of the statutes whereby the cost may be shared by the county and the town, village, or city. 86.34(2m)(2m) Subject to sub. (6), if the department’s estimate under sub. (2) of the cost of repair or improvement of the facilities determined by the department to be eligible for aid is $15,000 or less, the department shall offer the petitioner an amount of aid equal to 75 percent of the total amount of the department’s estimate for damage caused by a disaster described in sub. (1g) (b) 1. or 70 percent of the total amount of the department’s estimate for damage caused by a disaster described in sub. (1g) (b) 2. If the petitioner accepts aid under this subsection, the aid shall be paid to the petitioner or, subject to sub. (5), the county, and no other form of aid is available under this section for the repair or improvement of such facilities. 86.34(3)(3) Aid allotted under sub. (2) shall be held to the credit of the county, town, city or village for not more than 2 years or for such other period as the department may grant, and, except as otherwise provided in this section, shall be paid to the treasurer thereof upon presentation to and approval by the department of certified statements setting forth the cost of the construction, reconstruction, repair or improvement of the facilities determined by the department to be eligible for aid. The certified statement shall set forth separately the amount expended on each such facility. The aid to be paid shall be the summation of the amounts determined or revised under sub. (2), as adjusted by the certified statements approved by the department. This subsection does not apply to aid awarded under sub. (2m). 86.34(5)(5) Any town, city or village may, and at the discretion of the department shall, arrange to have such work for which aid is granted performed by the county, and in such case, on order of the town, city or village, the aid from the state for such work shall be paid to the county. 86.34(6)(6) The department may not pay aid under this section in excess of $1,000,000, in connection with disaster damage resulting from a single disaster, unless the payment of aid is approved by the governor. 86.34(7)(7) Beginning in the 2nd fiscal year of the 2013-15 fiscal biennium, and in the 2nd fiscal year of each fiscal biennium thereafter, the department shall calculate the amount of aid paid under this section, during the biennium, in excess of $1,000,000, in connection with disaster damage resulting from a single disaster. The amount calculated under this subsection shall be transferred under s. 20.855 (4) (fr) from the general fund to the transportation fund in the 2nd fiscal year of each fiscal biennium. 86.5086.50 Milwaukee County high-wide route. 86.50(1)(1) Definitions. In this section: 86.50(1)(a)(a) “Affected area” means the entire width of the right-of-way of the route described in sub. (2) extended to a height of 23 feet above the roadway. 86.50(1)(b)(b) “High-wide load” means a motor vehicle transporting property on any portion of the route described in sub. (2) if the vehicle exceeds limitations on size imposed by ch. 348 and no portion of the motor vehicle or the transported property has a greater width than 28 feet or a greater height than 23 feet. 86.50(1)(c)(c) “Political subdivision” means a city, village, town, or county. 86.50(2)(2) Route. The following route through Milwaukee County is designated as the Milwaukee County high-wide route: 86.50(2)(a)(a) Commencing at the northernmost intersection of South 70th Street and West Washington Street in the city of West Allis and proceeding south on South 70th Street. 86.50(2)(b)(b) At the intersection of South 70th Street and West Greenfield Avenue, proceeding east on West Greenfield Avenue. 86.50(2)(c)(c) At the intersection of South 60th Street and West Greenfield Avenue, proceeding south on South 60th Street. 86.50(2)(d)(d) At the intersection of South 60th Street and West Beloit Road, proceeding west on West Beloit Road. 86.50(2)(e)(e) At the intersection of South 76th Street and West Beloit Road, proceeding south on South 76th Street. 86.50(2)(f)(f) At the intersection of South 76th Street and West Oklahoma Avenue, proceeding east on West Oklahoma Avenue. 86.50(2)(g)(g) At the intersection of South 20th Street and West Oklahoma Avenue, proceeding south on South 20th Street. 86.50(2)(h)(h) At the intersection of South 20th Street and West Howard Avenue, proceeding east on West Howard Avenue. 86.50(2)(i)(i) At the intersection of South 13th Street and West Howard Avenue, proceeding south on South 13th Street. 86.50(2)(j)(j) At the intersection of South 13th Street and West Waterford Avenue, proceeding east on West Waterford Avenue. 86.50(2)(k)(k) At the intersection of South 6th Street and West Waterford Avenue, proceeding north on South 6th Street. 86.50(2)(L)(L) At the intersection of South 6th Street and West Howard Avenue, proceeding east on West Howard Avenue. 86.50(2)(m)(m) At the intersection of South Howell Avenue and West Howard Avenue, proceeding north on South Howell Avenue. 86.50(2)(n)(n) At the intersection of South Howell Avenue and South Kinnickinnic Avenue, proceeding north on South Kinnickinnic Avenue. 86.50(2)(o)(o) At the intersection of South Kinnickinnic Avenue and East Bay Street, proceeding east on East Bay Street. 86.50(2)(p)(p) At the intersection of East Bay Street and the port of Milwaukee’s private access road, proceeding east on the private access road. 86.50(2)(q)(q) At the intersection of the port of Milwaukee’s private access road and South Car Ferry Drive, proceeding north on South Car Ferry Drive. 86.50(2)(r)(r) Ending at the northern terminus of South Car Ferry Drive. 86.50(3)(3) Permitting. No person may install any structure within the affected area without a permit from a political subdivision in which any portion of the route described in sub. (2) is located. A permit under this subsection shall require the permittee, upon request, to remove any obstruction to the use of the route described in sub. (2) by a high-wide load within 5 days notice without cost to the user of the route for a high-wide load. 86.50(4)(4) Prohibited actions. After December 2, 2017, no person may take any action that would make any portion of the affected area permanently unavailable for use by a high-wide load. 86.50(4m)(a)(a) A person who intends to use the route described in sub. (2) for a high-wide load shall, at least 8 days before the intended use, notify a political subdivision in which any portion of the route is located and all owners of conflicting obstructions to the use of the route by a high-wide load of this intent and the date on which the person intends to use the route. 86.50(4m)(b)(b) The owner of a conflicting obstruction to the use of the route described in sub. (2) by a high-wide load shall remove the obstruction before the date provided in the notice under par. (a). No person may replace a conflicting obstruction removed under this paragraph until the use of the route for which the removal was required has been completed or the person who provided the notice under par. (a) notifies the owner of the obstruction that the obstruction may be replaced. 86.50(5)(a)(a) The city of Milwaukee shall consult with all political subdivisions in which any portion of the route described in sub. (2) is located before designating a temporary route under sub. (6). 86.50(5)(c)(c) Political subdivisions in which any portion of the route described in sub. (2) is located shall attempt to reach agreements among themselves and with persons using the route for high-wide loads regarding the allocation of costs and provision of services related to removing permanent structures that interfere with the use of any portion of the affected area by high-wide loads. 86.50(5)(d)(d) Political subdivisions in which any portion of the route described in sub. (2) is located shall attempt to reach agreements among themselves and with persons using the route for high-wide loads to timely provide traffic officer escorts for persons using the route for high-wide loads. 86.50(6)(6) Temporary route changes. The city of Milwaukee may designate temporary changes to the route described in sub. (2). Subsection (4) does not apply to a highway temporarily designated under this subsection. 86.50(7)(7) Other law. This section does not affect the limitations on size, weight, and load under ch. 348. 86.50 HistoryHistory: 2017 a. 114. 86.5186.51 Requirements for local projects. 86.51(1)(a)(a) “Local bridge” means a bridge that is not on the state trunk highway system or on marked routes of the state trunk highway system designated as connecting highways. 86.51(1)(b)(b) “Local roads” means streets under the authority of cities or villages, county trunk highways, or town roads. 86.51(1)(c)(c) “Political subdivision” means a county, city, village, or town. 86.51(1)(d)(d) “Project” means the development, construction, repair, or improvement of a local road or a local bridge. 86.51(2)(2) If the department disburses aid to a political subdivision for a project, the department shall notify the political subdivision whether the aid includes federal moneys and which project components must be paid for with federal moneys, if any. 86.51(3)(3) For any project meeting all of the following criteria, the department may not require a political subdivision to comply with any portion of the department’s facilities development manual other than design standards: 86.51(3)(a)(a) The project proposal is reviewed and approved by a professional engineer or by the highway commissioner for the county in which the project will be located. 86.51(3)(b)(b) The project is conducted by a political subdivision with no expenditure of federal money. 86.51(4)(4) Any local project funded in whole or in part with state funds under the surface transportation urban program, the surface transportation rural program, or the local bridge program shall be let through competitive bidding and by contract to the lowest responsible bidder as provided in s. 84.06 (2). 86.51 HistoryHistory: 2017 a. 368.
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Chs. 82-90, Highways and Bridges, Drains and Fences
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