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Trans 201.03 HistoryHistory: Cr. Register, October, 1976, No. 250, eff. 11-1-76; renum. from Hy 19.006 and am., Register, July, 1980, No. 295, eff. 8-1-80.
Trans 201.035Trans 201.035Annual sign fees.
Trans 201.035(1)(1)Sign identifier. The department shall assign a unique identifier to each off-property sign in the state of Wisconsin. The identifier shall be assigned to a sign upon any of the following occurrences:
Trans 201.035(1)(a)(a) Approval of a permit to erect the sign.
Trans 201.035(1)(b)(b) First payment of an annual fee for a sign erected before May 1, 2001.
Trans 201.035(1)(c)(c) Addition of the sign to the sign database of signs maintained by the department.
Trans 201.035(2)(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.
Trans 201.035 NoteNote: The department shall use the address of record in this database for correspondence with a sign owner.
Trans 201.035(3)(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:
Trans 201.035(3)(a)(a) The unique identifier assigned to the sign by the department.
Trans 201.035(3)(b)(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.
Trans 201.035(3)(c)(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.
Trans 201.035(3)(d)(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.
Trans 201.035(3)(e)(e) The height above ground level of the bottom edge of the sign face or any border or trim to the sign face.
Trans 201.035(4)(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.
Trans 201.035(5)(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.
Trans 201.035(6)(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.
Trans 201.035 NoteNote: See s. 84.30 (10m), Stats.
Trans 201.035(7)(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.
Trans 201.035(8)(8)Refunds. Permit fees are non-refundable and may not be prorated.
Trans 201.035(9)(9)Fee schedule. Permit fees shall be assessed as follows:
Trans 201.035(9)(a)(a) Except as provided in par. (b), no annual fee may be assessed for any of the following:
Trans 201.035(9)(a)1.1. On-premises signs.
Trans 201.035(9)(a)2.2. Official signs and notices as defined in s. Trans 201.05 (1) (d).
Trans 201.035(9)(a)3.3. Public utility signs as defined in s. Trans 201.05 (1) (e).
Trans 201.035(9)(a)4.4. Public service signs as defined in s. Trans 201.05 (1) (g).
Trans 201.035(9)(a)5.5. Political signs as defined in s. Trans 201.16 (1), if exempt from permit requirements under s. Trans 201.16 (2).
Trans 201.035(9)(a)6.6. Real estate signs as defined in s. Trans 201.17 (1) if exempt from permit requirements under s. Trans 201.17 (3).
Trans 201.035(9)(a)7.7. Farm signs as defined in s. Trans 201.18 (1) (b) if exempt from permit requirements under s. Trans 201.18 (2).
Trans 201.035(9)(a)8.8. Agricultural test plot signs as defined in s. Trans 201.18 (1) (a) if exempt from permit requirements under s. Trans 201.18 (3).
Trans 201.035(9)(a)9.9. Signs of 8 square feet or less in area.
Trans 201.035 NoteNote: Service club and religious notices are limited to 8 square feet or less by s. Trans 201.05 (1) (f).
Trans 201.035(9)(b)(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.
Trans 201.035(9)(c)(c) Except as provided in pars. (a) and (b), all off-property signs shall be assessed an annual fee of $35 per sign.
Trans 201.035(10)(10)Appeal of annual assessment fee.
Trans 201.035(10)(a)(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.
Trans 201.035(10)(b)(b) A notice of appeal shall particularly state all of the following:
Trans 201.035(10)(b)1.1. The error or mistake alleged by appellant in the fee calculation made by the department.
Trans 201.035(10)(b)2.2. 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.
Trans 201.035(10)(b)3.3. The exact size of the sign, measured in accordance with sub. (3) (d).
Trans 201.035(10)(c)(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.
Trans 201.035(10)(d)(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.
Trans 201.035(10)(e)(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.
Trans 201.035 HistoryHistory: Cr. Register, April, 2001, No. 544, eff. 5-1-01.
Trans 201.04Trans 201.04Clear 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.
Trans 201.04 HistoryHistory: 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 201.05Trans 201.05Directional 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.
Trans 201.05(1)(1)Definitions.
Trans 201.05(1)(a)(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.
Trans 201.05(1)(b)(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.
Trans 201.05(1)(c)(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.
Trans 201.05(1)(d)(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.
Trans 201.05(1)(e)(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.
Trans 201.05(1)(f)(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.
Trans 201.05(1)(g)(g) “Public service signs” means signs located on school bus stop shelters, which signs:
Trans 201.05(1)(g)1.1. Identify the donor, sponsor, or contributor of said shelters;
Trans 201.05(1)(g)2.2. Contain public service messages, which shall occupy not less than 50% of the area of the signs;
Trans 201.05(1)(g)3.3. Contain no other message;
Trans 201.05(1)(g)4.4. 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
Trans 201.05(1)(g)5.5. May not exceed 32 square feet in area. Not more than one sign on each shelter shall face in any one direction.
Trans 201.05(1)(h)(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.
Trans 201.05(2)(2)Criteria for directional and other official signs.
Trans 201.05(2)(a)(a) Prohibited signs.
Trans 201.05(2)(a)1.1. 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.
Trans 201.05(2)(a)2.2. 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.
Trans 201.05(2)(a)3.3. Signs which are erected or maintained upon trees or painted or drawn upon rocks or other natural features.
Trans 201.05(2)(a)4.4. Obsolete signs.
Trans 201.05(2)(a)5.5. Signs which are structurally unsafe or in disrepair.
Trans 201.05(2)(a)6.6. Signs which move or have any animated or moving parts.
Trans 201.05(2)(a)7.7. Signs located in rest areas, parklands or scenic areas.
Trans 201.05(2)(b)(b) Size. No sign shall exceed the following limits:
Trans 201.05(2)(b)1.1. Maximum area—150 square feet.
Trans 201.05(2)(b)2.2. Maximum height—20 feet.
Trans 201.05(2)(b)3.3. Maximum length—20 feet. All dimensions include border and trim, but exclude supports.
Trans 201.05(2)(c)(c) Lighting. Signs may be illuminated, subject to the following:
Trans 201.05(2)(c)1.1. Signs which contain, include, or are illuminated by any flashing, intermittent, or moving light or lights are prohibited.
Trans 201.05(2)(c)2.2. 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.
Trans 201.05(2)(c)3.3. No sign may be so illuminated as to interfere with the effectiveness of or obscure an official traffic sign, device, or signal.
Trans 201.05(2)(d)(d) Spacing.
Trans 201.05(2)(d)1.1. Each location of a directional sign must be approved by the department.
Trans 201.05(2)(d)2.2. 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).
Trans 201.05(2)(d)3.3. No directional sign may be located within 2,000 feet of a rest area, parkland, or scenic area.
Trans 201.05(2)(d)4.a.a. No 2 directional signs facing the same direction of travel shall be spaced less than 1 mile apart;
Trans 201.05(2)(d)4.b.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;
Trans 201.05(2)(d)4.c.c. Signs located adjacent to the interstate system shall be within 75 air miles of the activity: and
Trans 201.05(2)(d)4.d.d. Signs located adjacent to the primary system or Great River Road shall be within 50 air miles of the activity.
Trans 201.05(2)(e)(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.
Trans 201.05(2)(f)(f) Selection methods and criteria.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.