Wisconsin Legislature: Trans 201.035(10)

(2) Database of sign owners. The department shall maintain a sign database to track the name and address of the owner of each sign, and such other information related to the sign as the department considers appropriate.

Note: The department shall use the address of record in this database for correspondence with a sign owner.

(3) Change of sign ownership. Any person who acquires a sign shall provide the department with a notice containing all of the following information for the sign:

(a) The unique identifier assigned to the sign by the department.

(b) The name, address and telephone number of the person from whom the sign was acquired and the name of the person acquiring the sign.

(c) The location of the sign, listing the name of the primary or interstate highway to which it is adjacent, the county and town in which the sign stands, the section number of the township in which the sign is located, the name, address and telephone number of the person owning the real property upon which the sign is located, and the distance of the sign from the centerline of the nearest crossroad or intersection.

(d) The size of the sign measured in accordance with s. 84.30 (4) (a) 2., Stats. If the sign shape is not rectangular, a drawing showing the dimensions of the various triangles, circles, rectangles, and squares encompassing the entire sign shall be provided.

(e) The height above ground level of the bottom edge of the sign face or any border or trim to the sign face.

(4) Annual fee notice. The department shall mail an annual fee notice to the owner of record with the department of every off-premises sign within the state of Wisconsin that is subject to the requirement of paying a fee under sub. (9). All annual fee notices shall be considered delivered upon mailing to the owner of record indicated in the department’s database of sign owners as of the first day of the month in which the notices are mailed. Annual fee notices may include a summary of information related to one or more signs and require owners to update or correct information at the time of paying any required fee. The department may require owners of signs not subject to the fee requirement of sub. (9) to update or correct information from a summary of information with respect to any sign.

(5) Due date. Payment of annual permit fees and responses to information requests are due 60 days from the date of mailing of notices by the department, or on such other date as indicated in the fee notice.

(6) Nonconforming signs. Nonconforming signs for which the annual fee is not paid within 60 days of the due date shall be removed as abandoned signs. Payment of an annual fee may not be considered in determining whether a sign is subject to removal under the federal highway beautification act, the regulations promulgated thereunder, or s. Trans 201.10.

Note: See s. 84.30 (10m), Stats.

(7) Permitted signs. The permit for a sign shall expire upon the due date for payment unless the annual fee for the sign has been paid. Signs with expired permits are subject to removal 60 days from the due date specified in the notice. The department shall notify a sign owner that a sign is subject to removal under this section in accordance with s. 84.30 (11), Stats. The department may not issue a permit within any minimum required spacing limitations under ss. 84.30 (4) (c), Stats., s. Trans 201.05 (2) (d) or 201.06, of a sign with an expired permit until and unless that sign is removed.

(8) Refunds. Permit fees are non-refundable and may not be prorated.

(9) Fee schedule. Permit fees shall be assessed as follows:

(a) Except as provided in par. (b), no annual fee may be assessed for any of the following:

1. On-premises signs.

2. Official signs and notices as defined in s. Trans 201.05 (1) (d).

3. Public utility signs as defined in s. Trans 201.05 (1) (e).

4. Public service signs as defined in s. Trans 201.05 (1) (g).

5. Political signs as defined in s. Trans 201.16 (1), if exempt from permit requirements under s. Trans 201.16 (2).

6. Real estate signs as defined in s. Trans 201.17 (1) if exempt from permit requirements under s. Trans 201.17 (3).

7. Farm signs as defined in s. Trans 201.18 (1) (b) if exempt from permit requirements under s. Trans 201.18 (2).

8. Agricultural test plot signs as defined in s. Trans 201.18 (1) (a) if exempt from permit requirements under s. Trans 201.18 (3).

9. Signs of 8 square feet or less in area.

Note: Service club and religious notices are limited to 8 square feet or less by s. Trans 201.05 (1) (f).

(b) Nonconforming, grandfathered and directional signs as defined in s. Trans 201.05 (1) (c), shall be assessed an annual fee of $50 per sign.

(10) Appeal of annual assessment fee.

(a) Any person may appeal the assessment of an annual fee under sub. (9) by mailing a notice of appeal to the address provided on the notice of fee assessment within 15 days of the date the assessment is mailed.

(b) A notice of appeal shall particularly state all of the following:

1. The error or mistake alleged by appellant in the fee calculation made by the department.

2. Whether appellant contends the sign is an on-premises sign, official sign or notice, religious notice, service club notice, public utility sign, public service sign, farm sign, agricultural test plot sign, real estate sign, directional sign, nonconforming sign, grandfathered sign or other category of sign.

3. The exact size of the sign, measured in accordance with sub. (3) (d).

(c) Payment in the amount of the annual fee assessed by the department shall be included with a notice of appeal. The department shall hold the payment in trust pending the outcome of the appeal.

(d) Upon receipt of a notice of appeal with the required fee, the department shall investigate the matter and, if appropriate, amend the annual fee assessment for the sign and return any balance due appellant from the fees deposited under par. (c) or impose any additional assessment required.

(e) Appeals of decisions issued under par. (d) may be made to the department of administration, division of hearings and appeals within 15 days of the date the decision is mailed to the appellant.

History: Cr. Register, April, 2001, No. 544, eff. 5-1-01.

Trans 201.04 Clear vision areas. Requirements for the preservation of unobstructed driver vision are established by ss. 86.191 and 84.30 (4) (b), Stats., and by these rules. No sign shall exist or remain in nonconformance with those requirements.

History: Cr. Register, September, 1972, No. 201, eff. 10-1-72; renum. from Hy 19.02 and am., Register, July, 1980, No. 295, eff. 8-1-80.

Trans 201.05 Directional and official signs. The following standards apply to directional and official signs and notices which are visible from the main-traveled way of a controlled highway. These standards do not apply to directional and official signs erected on the highway right-of-way.

(1) Definitions.

(a) “Scenic area” means any area of particular scenic beauty or historical significance as determined by the federal, state, or local officials having jurisdiction thereof, and includes interests in land which have been acquired for the restoration, preservation, and enhancement of scenic beauty.

(b) “Parkland” means any publicly owned land which is designated or used as a public park, recreation area, wildlife or waterfowl refuge or historic site.

(c) “Directional and other official signs and notices” includes only official signs and notices, public utility signs, service club and religious notices, public service signs, and directional signs.

(d) “Official signs and notices” means signs and notices erected and maintained by public officers or public agencies within their territorial or zoning jurisdiction and pursuant to and in accordance with direction or authorization contained in federal, state, or local law for the purposes of carrying out an official duty or responsibility. Historical markers authorized by state law and erected by state or local government agencies or nonprofit historical societies may be considered official signs.

(e) “Public utility signs” means warning signs, informational signs, notices, or markers which are customarily erected and maintained by publicly or privately owned public utilities, as essential to their operations.

(f) “Service club and religious notices” means signs and notices, whose erection is authorized by law, relating to meetings of nonprofit service clubs or charitable associations, or religious services, which signs do not exceed 8 square feet in area.

(g) “Public service signs” means signs located on school bus stop shelters, which signs:

1. Identify the donor, sponsor, or contributor of said shelters;

2. Contain public service messages, which shall occupy not less than 50% of the area of the signs;

3. Contain no other message;

4. Are located on school bus shelters which are authorized or approved by city, county, or state law, regulation, or ordinance, and at places approved by the city, county, or state agency controlling the highway involved; and

5. May not exceed 32 square feet in area. Not more than one sign on each shelter shall face in any one direction.

(h) “Directional signs” means signs containing directional information about public places owned or operated by federal, state, or local governments or their agencies; publicly or privately owned natural phenomena, historic, cultural, scientific, educational, and religious sites; and areas of natural scenic beauty or naturally suited for outdoor recreation, deemed to be in the interest of the traveling public.

(2) Criteria for directional and other official signs.

(a) Prohibited signs.

1. Signs advertising activities that are illegal under federal or state laws or regulations in effect at the location of those signs or at the location of those activities.

2. Signs located in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device, or obstruct or interfere with the driver’s view of approaching, merging, or intersecting traffic.

3. Signs which are erected or maintained upon trees or painted or drawn upon rocks or other natural features.

4. Obsolete signs.

5. Signs which are structurally unsafe or in disrepair.

6. Signs which move or have any animated or moving parts.

7. Signs located in rest areas, parklands or scenic areas.

(b) Size. No sign shall exceed the following limits:

1. Maximum area—150 square feet.

2. Maximum height—20 feet.

3. Maximum length—20 feet. All dimensions include border and trim, but exclude supports.

1. Signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights are prohibited.

2. Signs which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of a controlled highway or 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.

3. No sign may be so illuminated as to interfere with the effectiveness of or obscure an official traffic sign, device, or signal.

(d) Spacing.

1. Each location of a directional sign must be approved by the department.

2. No directional sign may be located within 2,000 feet of an interchange or intersection at grade along the interstate system or other freeways (measured along the interstate or freeway from the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main traveled way).

3. No directional sign may be located within 2,000 feet of a rest area, parkland, or scenic area.

a. No 2 directional signs facing the same direction of travel shall be spaced less than 1 mile apart;

b. Not more than 3 directional signs pertaining to the same activity and facing the same direction of travel may be erected along a single route approaching the activity;

c. Signs located adjacent to the interstate system shall be within 75 air miles of the activity: and

d. Signs located adjacent to the primary system or Great River Road shall be within 50 air miles of the activity.

(e) Message content. The message on directional signs shall be limited to the identification of the attraction or activity and directional information useful to the traveler in locating the attraction, such as mileage, route numbers, or exit numbers. Descriptive words or phrases, and pictorial or photographic representations of the activity or its environs are prohibited.

(f) Selection methods and criteria.

1. Privately owned activities or attractions eligible for directional signing are limited to the following: natural phenomena; scenic attractions; historic, educational, cultural, scientific, and religious sites; and outdoor recreational areas.

2. To be eligible, privately owned attractions or activities must be nationally or regionally known, and of outstanding interest to the traveling public.

History: Cr. Register, September, 1972, No. 201, eff. 10-1-72; am. intro. and (1) (g) 2., Register, October, 1976, No. 250, eff. 11-1-76; am. (intro.), (2) (c) 2. and (d) 4., Register, May, 1977, No. 257, eff. 6-1-77; renum. from Hy 19.03 and am. intro. and (2) (d) 1., Register, July, 1980, No. 295, eff. 8-1-80; correction in (2) (b) made under s. 13.93 (2m) (b) 1., Stats., Register, April, 2001, No. 544.

Trans 201.06 Sign criteria.

(1) Signs visible from the main-traveled way of a controlled highway shall conform to the requirements of s. 84.30 (4), Stats., and to these rules. On non-freeway federal-aid primary highways outside of cities and villages, no sign may be adjacent to or within 300 feet of an interchange, intersection at grade, safety rest area, or wayside. Said 300 feet shall be measured along the highway from the beginning or ending of the pavement widening at the exit from or entrance to the main-traveled way of the primary highway.