Register February 2005 No. 590
Chapter Trans 202
WISCONSIN SCENIC BYWAYS PROGRAM
Trans 202.01 Purpose and scope. Trans 202.02 Definitions. Trans 202.03 Previously designated scenic byways. Trans 202.04 Scenic byways advisory committee membership. Trans 202.05 Qualifications for scenic byway designation. Trans 202.06 Application procedure. Trans 202.07 Reviewing and monitoring of Wisconsin scenic byways. Trans 202.08 Jurisdiction and authority. Trans 202.09 Maintaining and improving a state scenic byway. Trans 202.10 Traffic control devices and route markings. Trans 202.11 Outdoor advertising. Trans 202.12 National scenic byways program. Trans 202.13 Modification or withdrawal of Wisconsin scenic byways designation. Trans 202.01(1)(1) As required by s. 84.106, Stats., this chapter establishes a Wisconsin scenic byways program. This chapter establishes the criteria and procedures to be used by the secretary to designate scenic byways. Trans 202.01(2)(2) The purpose of this chapter is to identify, designate, promote and preserve a system of highways recognized for their outstanding scenic views and ability to offer travelers an exceptional travel experience. These byway corridors shall highlight the best scenic qualities along with the natural, historic, archeological, cultural and recreational opportunities available in Wisconsin. Program participation may increase roadway corridor recognition, increase marketing potential, promote community consensus building, aid in preservation of resources, and increase eligibility for federal or state funding for certain byway related projects along the corridor. Trans 202.02Trans 202.02 Definitions. The words and phrases defined in ss. 84.106 and 340.01, Stats., have the same meaning in this chapter unless a different definition is specifically provided. In this chapter: Trans 202.02(1)(1) “Action items” mean the specific activities, procedures, controls, operational practices and administrative strategies that are undertaken as part of a corridor management plan to maintain and promote the scenic, historic, recreational, cultural, archeological and natural qualities of the scenic byway. Trans 202.02(2)(2) “All-American Road” means a public highway that has been designated by the federal government as satisfying national scenic byway criteria and the additional criteria and requirements for designation as an “All-American Road.” Trans 202.02 NoteNote: A road should first be designated as a state scenic byway before national designation may be pursued. The criteria are set forth in the interim policy for the National Scenic Byway Program published in the Federal Register on May 18, 1995, at page 26759 of Vol. 60, No. 96.
Trans 202.02(3)(3) “Corridor” means the highway right-of-way and the area adjacent to and extending along the right-of-way that is visible from the roadway of a designated Wisconsin scenic byway. Trans 202.02(4)(4) “Corridor management plan” or “CMP” means a written document authored by the local government sponsor that serves as the coordinating plan by which the scenic, historical, recreational, cultural, archeological and natural qualities on a designated byway are maintained and promoted. Trans 202.02(6)(6) “Historic resources” mean the distinctive, visible sites or structures that demonstrate an important part of Wisconsin history that can help to educate viewers and help foster an appreciation of the past. Trans 202.02(7)(7) “Local government” means a county, town, village, city or tribal government. Trans 202.02(8)(8) “Local government sponsor” means a local government through whose jurisdiction a proposed Wisconsin scenic byway passes or a local government that is adjacent to a proposed scenic byway and that formally initiates the application process. Trans 202.02(9)(9) “National Scenic Byway” means a public highway designated pursuant to 23 USC 162 as satisfying the federal criteria for a national scenic byway. Trans 202.02 NoteNote: A road should first be designated as a state scenic byway before national designation may be pursued. The criteria are set forth in the interim policy for the National Scenic Byways Program published in the Federal Register on May 18, 1995 at page 26759 of Vol. 60, No. 96.
Trans 202.02(10)(10) “Scenic byways advisory committee” or “SBAC” means the committee appointed by the secretary to review applications from local government sponsors and to recommend to the secretary whether an application for designation of a state trunk highway as a scenic byway should be approved. Trans 202.02(10m)(10m) “Scenic byway sign” means an official sign designating a scenic byway as set forth in the manual adopted by the department, the Wisconsin Manual on Uniform Traffic Control Devices (MUTCD) under s. 84.02 (4) (e), Stats. Trans 202.02(11)(11) “Scenic qualities” are a combination of natural and manmade features that give remarkable character to the visual landscape, are striking in appearance and provide a pleasing and memorable experience to travelers. Trans 202.02(13)(13) “Traffic control device” means a sign, marking or traffic control signal erected or placed within the right of way of a public highway by the government unit having jurisdiction over the highway for the purpose of guiding, warning or regulating traffic upon the highway. Trans 202.02(14)(14) “Wisconsin scenic byway” or “scenic byway” means any combination of contiguous segments of state and federal highways, connecting highways, county highways or local roads that have special scenic qualities or historic resources and may in addition have special recreational, cultural, archeological, or natural qualities for which they are designated as a scenic byway by the secretary pursuant to s. 84.106, Stats. Trans 202.02 HistoryHistory: CR 04-057: cr. Register February 2005 No. 590, eff. 3-1-05; CR 16-045: am. (intro.), cr. (10m), am. (14) Register October 2020 No. 778, eff. 11-1-20; correction in (10m), (14) made under s. 35.17, Stats., Register October 2020 No. 778. Trans 202.03Trans 202.03 Previously designated scenic byways. Trans 202.03(1)(1) Any roadway previously designated as a scenic, historic, or recreational route or some combination thereof, either by legislative or by administrative action, may also be designated as a Wisconsin scenic byway upon satisfaction of the administrative process for the Wisconsin scenic byways program pursuant to s. 84.106, Stats. Trans 202.03 HistoryHistory: CR 04-057: cr. Register February 2005 No. 590, eff. 3-1-05. Trans 202.04Trans 202.04 Scenic byways advisory committee membership. Trans 202.04(1)(a)(a) One representative from each of the following state agencies nominated by the respective agency and appointed by the secretary: Trans 202.04(1)(c)(c) The chairpersons of the senate and assembly standing committees having jurisdiction over transportation matters as determined by the speaker of the assembly and the president of the senate. Trans 202.04(2)(2) The state agency representatives and the members at large shall be appointed by the secretary in staggered 4-year terms. Trans 202.04 HistoryHistory: CR 04-057: cr. Register February 2005 No. 590, eff. 3-1-05; correction in (1) (a) 2. made under s. 13.92 (4) (b) 6., Stats., Register January 2012 No. 673. Trans 202.05Trans 202.05 Qualifications for scenic byway designation. Trans 202.05(1)(1) The majority of the route proposed as a Wisconsin scenic byway shall have scenic qualities or historic resources, which are unique to the route. Scenic qualities or characteristics shall be as continuous as possible throughout the corridor. The majority of historic resources shall be eligible for, or listed on the National Register of Historic Places, be numerous, be visible, and have a setting or character that is complimentary to the historic resources. Trans 202.05(2)(2) The route shall be 30 miles in length at a minimum and, where feasible, connect to major highways at both ends of the route system. Trans 202.05(3)(a)(a) A proposed scenic byway route does not include a section of highway that traverses a business area unless the appropriate local government specifically includes the area in the proposed scenic byway route by means of a formal resolution. In unincorporated areas where county zoning is in effect, a resolution of the county board is also required. The proposed route shall be as continuous as possible. Trans 202.05(3)(b)(b) Each local government through which the Great River Road passes shall be given an opportunity to exclude business areas from the Great River Road Wisconsin scenic byway route. A request to exclude a business area shall be submitted to the department in writing, shall contain a map identifying the business area or business areas to be excluded and shall contain a copy of a resolution passed by the local government’s governing body supporting the request. In unincorporated areas where county zoning is in effect, the request shall also contain a resolution from the county board of the appropriate county supporting the request. A request under this paragraph shall be received by the department no later than 2 years from March 1, 2005. Trans 202.05(3)(c)(c) For purposes of this subsection, “business area” means any portion of a highway where there are contiguous abutting parcels of land zoned for business, industrial or commercial activities or unzoned and used for business, industrial or commercial activities as defined in s. 84.30 (2) (d), Stats. Trans 202.05(4)(4) Any of the following are not eligible for scenic byway designation: Trans 202.05(4)(d)(d) ATV and snowmobile trails, except that roadways designated as all-terrain vehicle routes, as defined in s. 23.33 (1) (c), Stats., or snowmobile routes, as defined in s. 350.01 (16), Stats., may be included in a scenic byway. Trans 202.05(5)(5) Scenic, historical, archeological, cultural, recreational and natural features and characteristics may be considered complimentary to the scenic features or historic resources of the proposed route. They may be documented and submitted as part of the application. Trans 202.05(6)(6) The proposed route may not be scheduled or anticipated for major improvements that would significantly diminish its scenic characteristics. If there are scheduled or anticipated major improvements, the SBAC may consider the application after the improvements are made or after the improvements are well defined in approved plans. Trans 202.05 HistoryHistory: CR 04-057: cr. Register February 2005 No. 590, eff. 3-1-05.; CR 16-045: am. (2), r. and recr. (4) Register October 2020 No. 778, eff. 11-1-20; correction in (4) (d) made under ss. 13.92 (4) (b) 12. and 35.17, Stats., correction in (4) (e), (g) made under s. 35.17, Stats. Register October 2020 No. 778. Trans 202.06(1)(1) Application to have a route designated as a Wisconsin scenic byway is voluntary. Interested parties seeking designation may include residents, organizations and local governments. The responsibility for identifying a suitable route for scenic byway designation rests with the aforementioned groups. Trans 202.06(2)(2) There shall be at least one local government sponsor who initiates the application procedure. Trans 202.06(3)(3) The department shall design the application form and determine the completeness of responses from local government sponsors. The department may require preliminary information from the local government sponsor to determine if the proposed route has a reasonable potential for being designated as a state scenic byway. Resolutions from local governments abutting the proposed route may be required. Trans 202.06 NoteNote: The application form may be obtained upon request by writing to the Department of Transportation, Division of Transportation Investment Management, Bureau of Planning, Room 901, P. O. Box 7913, Madison, WI 53707-7913.
Trans 202.06(4)(4) A corridor management plan shall be prepared by the local government sponsor after the route’s potential has been confirmed by the SBAC, but before final designation takes place. Trans 202.06(5)(5) The SBAC shall evaluate the application materials and make a recommendation to the secretary on the approval or denial of the request to designate the proposed route as a scenic byway. Trans 202.06(6)(6) The secretary shall make the decision to approve or deny an application for designation of the proposed route as a scenic byway. Trans 202.06 HistoryHistory: CR 04-057: cr. Register February 2005 No. 590, eff. 3-1-05. Trans 202.07Trans 202.07 Reviewing and monitoring of Wisconsin scenic byways. The department shall review the approved CMP of a designated scenic byway on a periodic basis to insure that the local government sponsor has implemented the action steps in its CMP. The department shall notify the local government sponsor of the results of the review. In the case of uncompleted action items, the department and local government sponsor shall coordinate to develop a schedule and timeline to implement the remaining action items or to amend the remaining action items in a mutually agreeable manner. Failure to address the uncompleted action items in a timely manner may result in withdrawal of scenic byway designation. Trans 202.07 HistoryHistory: CR 04-057: cr. Register February 2005 No. 590, eff. 3-1-05. Trans 202.08Trans 202.08 Jurisdiction and authority. Wisconsin scenic byway designation, as approved by the secretary, except as otherwise provided in this chapter, may not affect in any manner the authority and responsibilities of the department, any county or any local government over their respective segments of a scenic byway including responsibility for maintenance, safety, improvements or regulation of traffic. Trans 202.08 HistoryHistory: CR 04-057: cr. Register February 2005 No. 590, eff. 3-1-05; CR 16-045: r. and recr. Register October 2020 No. 778, eff. 11-1-20.
