Chapter Trans 206

Trans 206.01 Trans 206.01 Purpose and scope. The purpose of this chapter is to interpret and administer procedures for assisting in the improvement of deteriorating local highways, streets and roads under s. 86.31 (6), Stats.

Trans 206.01 History History: Cr. Register, June, 1992, No. 438, eff. 7-1-92.

Trans 206.02 Trans 206.02 Definitions. The words and phrases defined in s. 86.31 (1), Stats., have the same meaning in this chapter unless a different definition is specifically provided. In this chapter:

Trans 206.02(1) (1) “Administrative cost” means the county highway commissioner’s staff and material costs to perform the county highway commissioner’s duties to the county MSI program for cities and villages with a population of 20,000 or less, and the county TRI program, including the cost of conducting bid lettings for MSI projects in cities and villages with a population of 20,000 or less and for TRI projects.

Trans 206.02(1m) (1m) “Annual allocation” means the annual amount of state funds available under the TRID component of the local roads improvement program to a town to make improvements with total project costs of $100,000 or more to local town roads.

Trans 206.02(2) (2) “Annual entitlement” means the annual amount of state funds available under the local roads improvement program to a county, county town road improvement committee, county municipal street improvement committee, or city or village with a population of 20,000 or more to make improvements to the local roads.

Trans 206.02(2m) (2m) “Biennial allocation” means the sum of the 2 annual allocations in a state biennium.

Trans 206.02(3) (3) “Biennial entitlement” means the sum of the 2 annual entitlements in a state biennium.

Trans 206.02(4) (4) “Chief executive” means the town board chairperson, village president, elected mayor or city manager.

Trans 206.02(5) (5) “Contract administration” means the preparing of or having plans prepared for the project, acquiring right of way, letting of bids and construction supervision of a local roads improvement program project.

Trans 206.02(6) (6) “Cost ceiling” means the maximum amount the state of Wisconsin will pay as its share of the local road improvement project under this chapter.

Trans 206.02(7) (7) “County board chairperson” has the meaning specified in s. 59.12, Stats.

Trans 206.02(8) (8) “County executive” has the meaning specified in s. 59.17, Stats.

Trans 206.02(9) (9) “County highway commissioner” has the meaning specified in s. 83.01, Stats.

Trans 206.02(10) (10) “County highway improvement” or “CHI” means the improvement projects on the county trunk system funded by the county highway improvement entitlement component of the local roads improvement program as authorized under s. 86.31 (3), Stats.

Trans 206.02(11) (11) “County highway improvement plan” means a county’s 5-year plan of improvements to the county trunk system which is eligible to be funded from the county highway improvement component of the local roads improvement program.

Trans 206.02(12) (12) “County highway improvement program district” means a group of counties designated by the secretary of transportation under s. 86.31, Stats., to be a county highway improvement program district.

Trans 206.02(13) (13) “County highway improvement program district committee” means a committee consisting of not more than 5 county executives or designees or when there is no office of county executive, county board chairpersons or the chairperson’s designee from counties within a county highway improvement district.

Trans 206.02(14) (14) “County municipal street improvement committee” or “CMSIC”means a committee of not more than 5 chief executives or designees of cities and villages with a population of less than 20,000 within the county responsible to select MSI projects within the county.

Trans 206.02(15) (15) “County town road improvement committee” or “CTRIC” means a committee of not more than 5 town chairpersons or designees from within the county responsible to select TRI projects within the county.

Trans 206.02(16) (16) “Department” means the department of transportation.

Trans 206.02(17) (17) “Eligible project” means one or more logical phases of a specific improvement including, but not limited to, a feasibility study, design engineering, grading, base, paving, and road finish materials such as hot mix asphalt.

Trans 206.02(18) (18) “Feasibility study” means the engineering and environmental studies for a specific section of a local road that will lead to a LRIP improvement project.

Trans 206.02(19) (19) “Local roads improvement program” or “LRIP” means the state entitlement program with county trunk highway, town road and municipal street entitlement components as established in s. 86.31, Stats., or the state allocation component separate from the entitlement program as established in s. 86.31 (3m), Stats.

Trans 206.02(20) (20) “LRIP project application” means a department of transportation form which describes the projects that may be funded with LRIP entitlements, or LRIP allocations under TRID, in the current state biennium.

Trans 206.02(21) (21) “Miles” means the number of miles of roads and streets as determined by the department of transportation under s. 86.302, Stats.

Trans 206.02(22) (22) “Municipal street improvement” or “MSI” means the improvement projects on the city and village street system funded by the municipal street improvement entitlement component of the local roads improvement program as authorized under s. 86.31 (3), Stats.

Trans 206.02(23) (23) “Municipal street improvement plan” means a city or village’s 5-year plan of improvements to the municipal street system eligible to be funded from the municipal street improvement component of the local roads improvement program.

Trans 206.02(24) (24) “PASER” means the pavement surface evaluation and rating process developed and taught by the transportation information center at the university of Wisconsin extension, Madison, WI 53706.

Trans 206.02(25) (25) “Population” means the population of a political subdivision as determined in s. 86.33, Stats.

Trans 206.02(26) (26) “Project agreement” means a formal agreement between the state and a political subdivision which states the responsibilities of each of the parties to the agreement.

Trans 206.02(27) (27) “Recipient” means a county, county town road improvement committee, county municipal street improvement committee, or a city or village with a population of 20,000 or more, or a town under the TRID.

Trans 206.02(28) (28) “Secretary” means the secretary of the department of transportation.

Trans 206.02(29) (29) “State biennium” means a period from July 1 of every odd-numbered year through June 30 of the next odd-numbered year.

Trans 206.02(30) (30) “State fiscal year” means a period from July 1 through June 30.

Trans 206.02(31) (31) “Statewide town road improvement discretionary committee” or “STRIDC” means the committee appointed by the secretary responsible to recommend TRID projects for approval by the secretary.

Trans 206.02(32) (32) “Town road improvement” or “TRI” means the improvement projects on the town road system funded by the town road improvement entitlement component of the local roads improvement program as authorized under s. 86.31 (3), Stats.

Trans 206.02(33) (33) “Town road improvement discretionary” or “TRID” means the improvement projects on the statewide town road system funded by the town road improvement discretionary allocation component of the local roads improvement program as authorized under s. 86.31 (3m), Stats.

Trans 206.02(34) (34) “Town road improvement plan” means a town board’s 2 or more year plan for improvements to the town road system eligible to be funded from the town road improvement component of the local roads improvement program.

Trans 206.02 History History: Cr. Register, June, 1992, No. 438, eff. 7-1-92; am. (1), (19), (20) and (27), renum. (31) and (32) to be (32) and (34), cr. (1m), (2m), (31) and (33), Register, December, 1994, No. 468, eff. 1-1-95; am. (1), Register, October, 1997, No. 502, eff. 11-1-97; corrections in (7), (8) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Trans 206.03 Trans 206.03 Uniform provisions.

Trans 206.03(1) (1) Entitlement. The local roads improvement program is an annual entitlement program for improvements to local roads. Biennially, an entitlement shall be made to each county, each CMSIC and CTRIC and to each city or village whose population is 20,000 or more. Entitlements to the recipient shall be determined as follows:

Trans 206.03(1)(a) (a) Municipal street improvement for each CMSIC and for each city or village with a population of 20,000 or more: 50% of each county’s, city’s or village’s, with a population of 20,000 or more, proportionate share of total miles of all city or village streets in the state and 50% of each county’s, city’s or village’s, with a population of 20,000 or more, proportionate share of the total population of all cities and villages in the state.

Trans 206.03(1)(b) (b) County highway improvement shall be 60% of each county’s proportionate share of the state population and 40% of each county’s proportionate share of total county trunk miles of all county trunk miles in the state; except no county’s entitlement shall be less than one half of one percent (0.5%) of the total funds allocated to the counties under this chapter.

Trans 206.03(1)(c) (c) Town road improvement shall be on each county’s proportionate share of town road miles to all town road miles in the state.

Trans 206.03(2) (2) Option to accumulate entitlement until the second year of the biennium. To permit maximum flexibility in the use of entitlements and use all entitlements in the biennium appropriated, a recipient may:

Trans 206.03(2)(a) (a) Use the entitlement in the state fiscal year it is available.

Trans 206.03(2)(b) (b) Accrue the annual entitlement until the second year of the state biennium rather than using it in the year it is available.

Trans 206.03(2)(c) (c) Request approval, on the LRIP project application form, from the department to use the entire biennial entitlement in the first year of the biennium.

Trans 206.03(3) (3) Commitment of entitlement.

Trans 206.03(3)(a) (a) No later than November 1 of each odd-numbered year, each recipient shall complete the LRIP project application form and send it to the appropriate county highway commissioner.

Trans 206.03(3)(b) (b) No later than January 15 of each even-numbered year, the appropriate county highway commissioner shall send the department a copy of each LRIP project application submitted by each recipient in the county.

Trans 206.03(3)(c) (c) Upon the approval of each LRIP project application by the department, the estimated cost of the project listed on the LRIP project application form shall be considered committed, and entitlement funds shall be reserved for the political subdivision with an approved LRIP project. A project agreement for each LRIP project shall be executed and received by the department no later than April 1 of the next odd-numbered year. If an executed project agreement is not received by April 1 of the next odd-numbered year, the commitment of state funds shall be withdrawn.

Trans 206.03(4) (4) Uncommitted lrip entitlements.

Trans 206.03(4)(a) (a) Any entitlements not committed by the recipient by November 1 of each odd-numbered year shall be available for use by other recipients.

Trans 206.03(4)(b) (b) The first priority for uncommitted entitlements shall be for use by other recipients within the same county. The county highway commissioner of that county is responsible for determining if the uncommitted entitlement can be used within the county and which recipient will receive it.

Trans 206.03(4)(c) (c) The second priority for any uncommitted entitlement that cannot be used within the county shall be for use within the county highway improvement program district. The county highway improvement district committee shall be responsible for determining if uncommitted entitlement can be used within the district and which recipient will receive it.

Trans 206.03(4)(d) (d) On July 1 of each odd-numbered year, all uncommitted entitlements from the previous biennium shall be added to the LRIP appropriation for the current biennium and redistributed according to the distribution formula in s. Trans 206.03 (1).

Trans 206.03(5) (5) Payment of project costs.

Trans 206.03(5)(a) (a) The local roads improvement program is a reimbursement program. The political subdivision where the work is performed shall be responsible for payment of project costs. At the completion of the project, the political subdivision may apply to the department of transportation for reimbursement of eligible costs in accordance with the project agreement. Application for reimbursement shall be on forms prescribed by the department.

Trans 206.03(5)(b) (b) If a project is the result of an agreement among more than one recipient, the project agreement shall identify one political subdivision as responsible for initial funding of the project and to whom the state shall reimburse eligible costs.

Trans 206.03(6) (6) Eligible projects.

Trans 206.03(6)(a) (a) Any improvement to the county trunk, town road or city or village street system shall be eligible for funding under this chapter provided the political subdivision has complied with the provisions of this chapter.

Trans 206.03(6)(b) (b) The county, CTRIC or CMSIC, cities or villages with populations of 20,000 or more, or towns under the TRID, may enter into agreements with counties, other county MSI or TRI committees, other cities or villages with populations of 20,000 or more or towns under the TRID to participate in projects that meet the standards of the local roads improvement program.

Trans 206.03(7) (7) Duties of the county highway commissioner. The county highway commissioner shall perform the following:

Trans 206.03(7)(a) (a) Serve as the administrative contact between the department and all recipients in the county.

Trans 206.03(7)(b) (b) No later than January 15 of each even-numbered year, report to the secretary or the secretary’s designee, on the form in the manner prescribed by the department, the list of projects to be developed or constructed under the CHI, TRI, TRID and MSI components of the LRIP in the current state biennium.

Trans 206.03(7)(c) (c) Determine if uncommitted entitlements of a recipient in the county can be used by another recipient within the county.

Trans 206.03(8) (8) Reimbursement of counties for administrative costs related to the cmsic and the ctric.

Trans 206.03(8)(a) (a) Counties shall be reimbursed for the costs of the administrative services provided by the county highway department to that CTRIC and CMSIC.

Trans 206.03(8)(b) (b) For the years 1992 through 1995 of the local roads improvement program, 5% of each county’s MSI entitlement for cities and villages with a population of less than 20,000 and 5% of each county’s TRI entitlement shall be distributed to the county treasurer as reimbursement for the administrative costs of the MSI and TRI.

Trans 206.03(8)(c) (c) Beginning with 1996, the percentage of each county’s MSI entitlement for cities and villages with a population of less than 20,000 and county’s TRI entitlement to be distributed to the county for administrative costs related to the MSI and TRI shall be reviewed with the county highway commissioner and the chairpersons of the county TRI and the MSI committees to determine an appropriate level of reimbursement. The county highway commissioner shall notify the department what percent level of reimbursement was selected as a result of the review. Until such notification is received, the level of reimbursement shall continue at 5%.

Trans 206.03(9) (9) Eligible lrip project costs. Feasibility studies, design, right-of-way acquisition, any item which is an integral part of street and road construction, and related engineering costs are eligible costs. New installations or alterations of sanitary sewers and connections, water, gas, electric, telephone, police or fire alarm facilities, parking meters, street signs and similar utilities are not eligible costs. The cost to develop each county, municipality or town’s improvement plan is not an eligible cost.

Trans 206.03(10) (10) Contract administration.

Trans 206.03(10)(a) (a) The political subdivision with the eligible project shall be responsible for contract administration of the project. If an eligible project is located in more than one political subdivision, the project agreement shall specify the political subdivision responsible for contract administration.

Trans 206.03(10)(b) (b) The design and construction of all eligible projects with eligible costs totaling more than $50,000 under this chapter shall be certified by a registered professional engineer.

Trans 206.03(11) (11) Financial participation.

Trans 206.03(11)(a) (a) The state shall provide a maximum of 50% of the total eligible project cost up to the cost ceiling specified in the project agreement. The remainder of the cost shall be provided by the political subdivision where the work is performed.

Trans 206.03(11)(b) (b) The political subdivision’s share may be in the form of cash, engineering or right of way.

Trans 206.03(11)(c) (c) No entitlement shall be used as the local match for federal aid projects.

Trans 206.03(11)(d) (d) No federal aid funds shall be used as the local match for an eligible project.

Trans 206.03(12) (12) Project agreement.

Trans 206.03(12)(a) (a) Each eligible project which is funded under this chapter shall be the subject of a formal agreement between the political subdivision and the department. The secretary or the secretary’s designee shall sign the project agreement for the department. The secretary or the secretary designee’s signature on the project agreement shall be the official acceptance of the terms of the agreement. When the project agreement is between the state and a county, the county executive or designee, or when there is no office of county executive, the county board chairperson or designee shall sign the project agreement for the county. When the project agreement is between the state and a town, village or city, the chief executive or designee of the political subdivision shall sign the project agreement for the political subdivision.

Trans 206.03(12)(b) (b) Each project agreement must be signed by the department no later than April 1 of each odd-numbered year.

Trans 206.03(12)(c) (c) The project agreement shall include, but is not limited to, the following items of information:

Trans 206.03(12)(c)1. 1. Name of the signatory political subdivision or, in the case of a joint project, the project agreement shall include the names of all the political subdivisions and county MSI or TRI committees participating in the project.

Trans 206.03(12)(c)2. 2. Statement of need for the project.

Trans 206.03(12)(c)3. 3. Description of the proposed work as approved by the CTRIC, STRIDC or CMSIC where appropriate and the intended construction year.