Chapter Trans 201

Trans 201.20 Trans 201.20 Local certification.

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 Note Note: 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 History History: Cr. Register, July, 1983, No. 331, eff. 8-1-83.

Trans 201.21 Trans 201.21 Local acquisition of signs.

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) (2) Compensation.

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 History History: Cr. Register, July, 1983, No. 331, eff. 8-1-83.

Trans 201.22 Trans 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 History History: Cr. Register, July, 1983, No. 331, eff. 8-1-83.

Trans 201.23 Trans 201.23 Scenic byways.

Trans 201.23(1) (1) In this section:

Trans 201.23(1)(a) (a) “All-American Road” has the meaning provided in s. Trans 202.02 (2).

Trans 201.23(1)(b) (b) “Great River Road” has the meaning provided in s. 84.107, Stats.

Trans 201.23(1)(c) (c) “National Scenic Byway” has the meaning provided in s. Trans 202.02 (9).

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:

Trans 201.23 Note Note: Under s. Trans 202.05 (4), interstates are not currently eligible for scenic byway designation.

Trans 201.23(2)(a) (a) Directional and other official sign authorized by s. 84.30 (3) (a), Stats.

Trans 201.23(2)(b) (b) Signs advertising the sale or lease of property upon which they are located authorized by s. 84.30 (3) (b), Stats.

Trans 201.23(2)(c) (c) Signs advertising activities conducted on the property on which they are located authorized by s. 84.30 (3) (c), Stats.

Trans 201.23 Note Note: Under s. Trans 202.05 (4), interstates are not currently eligible for scenic byway designation.

Trans 201.23 Note Note: Signs that are not on or visible from the main-traveled way of an interstate or primary highway are not subject to outdoor advertising regulations under s. 84.30, Stats. Local ordinances govern regulations on other routes.

Trans 201.23 History History: CR 04-057: cr. Register February 2005 No. 590, eff. 3-1-05; CR 16-045: am. (2) Register October 2020 No. 778, eff. 11-1-20.