Trans 201.15(2)(f)(f) “Traveling message” means a message which appears to move across a variable message sign. Trans 201.15(2)(g)(g) “Variable message sign” means an outdoor advertising sign, display or device without moving parts whose message may be changed by electronic process through the use of moving or intermittent light or lights. Trans 201.15(3)(3) Variable message signs. Signs authorized under s. 84.30 (3) (c) and (e), Stats., may consist in whole or in part of a variable message sign subject to all of the following restrictions: Trans 201.15(3)(a)(a) Signs erected under s. 84.30 (3) (c), Stats., may be used only to advertise activities conducted on the property on which the signs are located or to present public service information. Trans 201.15(3)(f)(f) No traveling message may travel at a rate slower than 16 light columns per second or faster than 32 columns per second. Trans 201.15(3)(g)(g) No variable message sign lamp may be illuminated to a degree of brightness that is greater than necessary for adequate visibility. Signs found to be brighter than necessary for adequate visibility shall be adjusted by the person owning or controlling the sign in accordance with the instructions of the department. Trans 201.15(4)(4) Multiple message signs. Signs authorized under s. 84.30 (3) (c) and (e), Stats., may consist in whole or in part of a multiple message sign subject to all of the following restrictions: Trans 201.15(4)(a)(a) The louver rotation time to change a message shall be one second or less. Trans 201.15(4)(b)(b) The time a message remains in a fixed position shall be 6 seconds or more. Trans 201.15(4)(c)(c) During an appeal under s. 84.30 (18), Stats., or any other litigation with the department concerning a multiple message sign, the person owning or controlling the sign shall place the louvers in a fixed position and may not rotate them until a final decision has been rendered. Trans 201.15 NoteNote: A multiple message sign as defined in s. Trans 201.15 (2) (c) refers to the sign known in the outdoor advertising industry as a tri-vision sign, and a variable message sign defined in s. Trans 201.15 (2) (g) includes the device known in the outdoor advertising industry as a commercial electronic variable message sign. Trans 201.15 HistoryHistory: Cr. Register, July, 1983, No. 331, eff. 8-1-83; r. and recr. Register, April, 1998, No. 508, eff. 5-1-98. Trans 201.16(1)(1) Definitions. “Political sign” means a sign erected for the purpose of soliciting support for or opposition to a candidate or a political party or relating to a referendum question in an election held under the laws of this state. Trans 201.16(2)(2) Exemption. A political sign which would otherwise be subject to the permit requirement of s. Trans 201.07, is exempted if all of the following conditions are satisfied: Trans 201.16(2)(b)(b) The sign is erected entirely on private property with the property owner’s consent. Trans 201.16(2)(c)(c) The sign is erected less than 45 days before the election for which it is intended and is removed within 7 days after the election except that a sign erected before a primary election may remain in place until 7 days after the next following general election if the sign solicits support for a candidate, political party or referendum question that is before the electorate in both the primary and the general election. Trans 201.16(2)(e)(e) The sign is not erected in a location where it constitutes a traffic hazard. Trans 201.16 HistoryHistory: Cr. Register, July, 1983, No. 331, eff. 8-1-83; am. (2) (e), Register, July, 1996, No. 487, eff. 8-1-96. Trans 201.17(1)(1) Definition. “Real estate sign” means a sign advertising the sale or lease of land upon which it is located or of a building on that land. Trans 201.17(2)(2) Applicability. A real estate sign that is erected along an interstate highway is subject to the permit requirement of s. Trans 201.07. Trans 201.17(3)(3) Exemption. A real estate sign that is erected along a controlled highway other than an interstate highway is exempted from the permit requirement of s. Trans 201.07 if all of the following conditions are satisfied: Trans 201.17(3)(b)(b) There is no more than one real estate sign on the property facing each direction of travel for each controlled highway from which a sign on the property is visible. Trans 201.17(3)(d)(d) The sign is not erected in a location where it constitutes a traffic hazard. Trans 201.17(3)(e)(e) The sign is not erected until the property is actually offered for sale or lease, and is removed within 7 days after the property has been sold or leased. Trans 201.17 NoteNote: The term “controlled highway” as used in sub. (3) has the meaning set forth in s. Trans 201.01. Trans 201.17 HistoryHistory: Cr. Register, July, 1983, No. 331, eff. 8-1-83. Trans 201.18Trans 201.18 Farm and agricultural test plot signs. Trans 201.18(1)(a)(a) “Agricultural test plot sign” means a sign used to mark test plot areas on a farm and includes a sign identifying the manufacturer of the seed being tested. Trans 201.18(1)(b)(b) “Farm sign” means a sign located on farm property which identifies the farm or advertises a farm product produced on that farm. Trans 201.18(2)(2) Farm sign exemption. A farm sign that would otherwise be subject to the permit requirement of s. Trans 201.07 is exempted if all of the following conditions are satisfied: Trans 201.18(2)(c)(c) The sign is not erected in a location where it constitutes a traffic hazard. Trans 201.18(3)(3) Agricultural test plot signs. Agricultural test plot sign displays are subject to the permit requirement of s. Trans 201.07, and the following provisions: Trans 201.18(3)(a)(a) One permit shall cover all the signs in an agricultural test plot sign display. Permit fees shall be based on the total surface areas of all signs in the display. Trans 201.18(3)(b)(b) There may be no more than one sign facing traffic in each direction that identifies the test plot and the seed manufacturer. Such a sign must be located within 50 feet of the test plot that it identifies. Trans 201.18(3)(c)(c) Signs shall be permitted only during the growing season and shall be removed within 7 days after harvest of the test plot crop is completed and in any event shall be removed prior to November 1 of each year. Trans 201.18(3)(d)(d) Row markers and variety markers may not contain identification of the seed manufacturer. Trans 201.18 HistoryHistory: Cr. Register, July, 1983, No. 331, eff. 8-1-83. Trans 201.19(1)(1) Purpose. The purpose of this section is to interpret the provisions of s. 84.30 (3) (c), Stats., relating to on-property signs. Trans 201.19(2)(2) Off premises advertising not permitted. An on-property sign may advertise only activities conducted on the property on which it is located, the name of the establishment and the establishment’s principal product or service offered on the premises. A permit for an off-property sign is required for any sign violating the content restrictions of this subsection. Trans 201.19(3)(3) Narrow strips. Where the sign site is located at or near the end of a narrow strip contiguous to the advertised activity, the sign site shall not be considered part of the premises on which the activity being advertised is conducted. A narrow strip shall include any configuration of land which is such that it cannot be put to any reasonable use related to the activity other than for signing purposes. Trans 201.19(4)(a)(a) When a property may contain signs visible from 2 controlled highways, the department interprets s. 84.30 (3) (c) 1., Stats., to allow up to 4 single-faced or 2 double-faced signs on the property, with one sign exposure visible and designed to be read from each of 4 different directions of travel. Trans 201.19(4)(b)(b) Whether or not a property may contain signs visible from 2 controlled highways, the department interprets s. 84.30 (3) (c) 2, Stats., to allow only one extra on-property sign exposure. Trans 201.19(5)(5) On-premises signs prohibited. No on-property sign may be erected in an area across a street or road from the area where the business is conducted or in any area developed for the purpose of erecting a sign. Trans 201.19 HistoryHistory: Cr. Register, July, 1983, No. 331, eff. 8-1-83; am. (2), cr. (5), Register, April, 2001, No. 544, eff. 5-1-01. Trans 201.20(1)(1) Purpose. The purpose of this section is to set out the standards employed by the department in making determinations of customary use under s. 84.30 (4) (intro.), Stats., which are used for certifying local sign control ordinances to the federal highway administration under 23 USC 131 (d). Trans 201.20(2)(2) Applicability. This section applies to local certification applications filed by counties, cities, villages or towns after August 1, 1983, and to applications for the re-certification of previously certified ordinances filed after that date. Trans 201.20(3)(3) Definition. “Local certification” means the department’s acceptance, under s. 84.30 (4) (intro.), Stats., of a local zoning authority’s determination of customary use as to the size, lighting and spacing of outdoor advertising signs in the zoned commercial or industrial areas of the locality. Trans 201.20(4)(4) Inventory. An application for local certification must include a copy of the local zoning ordinance and an inventory of all existing signs within the area to be certified. Trans 201.20(5)(5) Ordinance. The local determination of customary use shall be in the form of an ordinance. The department shall accept for certification an ordinance that meets the other requirements of this section, that includes provisions ensuring effective enforcement and that conforms to and complies with the following: Trans 201.20(5)(a)(a) The local zoning authority’s controls shall include the regulation of size, of lighting and of spacing of signs, in all commercial and industrial zones. Trans 201.20(5)(b)(b) Unless a Wisconsin statute or administrative rule requires otherwise, the local zoning authority’s controls may be either more or less restrictive than the appropriate controls set forth in the agreement in effect between the department and the secretary of transportation of the United States entered pursuant to s. 84.30 (12), Stats. Trans 201.20(5)(c)(c) If a local zoning authority has extraterritorial zoning jurisdiction under s. 62.23 (7a), Stats., and exercises control of signs in commercial and in industrial zones within this extraterritorial zoning jurisdiction, sign control by that local zoning authority may be accepted in lieu of the otherwise applicable control within the extraterritorial zoning jurisdiction. Trans 201.20(5)(d)(d) The department shall notify the federal highway administration in writing of those zoning jurisdictions wherein a local zoning authority’s controls apply and shall periodically assure itself that the size, lighting and spacing control provisions of each applicable local zoning ordinance certified under this section are actually being enforced by the appropriate local zoning authority. Trans 201.20(5)(e)(e) Nothing in this section shall diminish the department’s authority or relieve the department from responsibility to limit signs within controlled areas of commercial and industrial zones. Trans 201.20 NoteNote: Each of the provisions in sub. (5) (a) to (e) are based upon the provisions of 23 CFR 750.706 (c). Trans 201.20(6)(6) Nonconforming signs. The ordinance shall commit the local government to pay the full costs of removing any signs erected after local certification is granted which acquire nonconforming status under state law. This shall include any liability of the state or federal government under s. 84.30 (6), Stats., or 23 USC 131 (g). The department shall require a bond or insurance policy to cover this commitment as a condition of local certification. Trans 201.20 HistoryHistory: Cr. Register, July, 1983, No. 331, eff. 8-1-83. Trans 201.21(1)(1) Purpose. The purpose of this section is to interpret s. 84.30 (6) and (15), Stats., as these provisions affect the removal of signs along controlled highways under local ordinances. Trans 201.21(2)(a)(a) This section applies to local government sign acquisitions in which s. 84.30 (6), Stats., requires compensation for the removal of a lawful nonconforming sign under a local ordinance. This section does not attempt to address the validity of local sign amortization ordinances adopted before the enactment of the “just compensation” amendments to the state and federal sign control laws ( s. 84.30 (6), Stats., as amended by chapter 253, laws of 1979, effective May 10, 1980; 23 USC 131 (g) as amended by P.L. 95-599, section 122, effective November 6, 1978) or the validity of the application of such local ordinances after the enactment of these amendments. Trans 201.21(2)(b)(b) A local government may not remove a lawful nonconforming sign for which compensation is required under s. 84.30 (6), Stats., unless at the time of removal the department certifies that sufficient funds are available to pay just compensation for the sign. If sufficient funds are not available from state or federal sources, or both, the department may certify that availability of sufficient funds upon deposit of the required amount with the department from any source. The department shall determine the availability of state and federal funds by evaluating overall state obligations under the sign control program and the priority requirements of s. Trans 201.14. The department shall determine the required amount for deposit by evaluating the local government appraisal and conducting any further appraisal or investigation that appears to be necessary to ensure that the estimated compensation requirement is accurate. Trans 201.21(3)(3) Review. The department may periodically review a deposit required under sub. (2) and for good cause may raise or lower the amount required. Trans 201.21 HistoryHistory: Cr. Register, July, 1983, No. 331, eff. 8-1-83. Trans 201.22Trans 201.22 Effect of rule. Nothing in s. Trans 201.20 or 201.21 creates any new obligations upon any local unit of government to pay compensation for the removal of a lawful nonconforming sign beyond any obligations to compensate that may already be in effect under other state or federal laws. Trans 201.22 HistoryHistory: Cr. Register, July, 1983, No. 331, eff. 8-1-83. Trans 201.23(1)(d)(d) “Scenic byway” means the Great River Road and any other public highway or portion of a public highway designated as a Wisconsin scenic byway pursuant to s. 84.106, Stats., or designated as a National Scenic Byway or an All-American Road pursuant to 23 USC 162. Trans 201.23(2)(2) After March 1, 2005, no sign visible from the main-traveled way of a primary highway that is a scenic byway or interstate highway may be erected except the following:
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