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CHAPTER 82
TOWN HIGHWAYS
SUBCHAPTER I
FUNDING AND GOVERNANCE
82.01   Definitions.
82.03   Duties of town board.
82.05   Superintendent of highways.
82.08   Town bridges or culverts; construction and repair; county aid.
82.09   County aid for dams used for bridges.
SUBCHAPTER II
BASIC PROCEDURES
82.10   Initiation of procedures.
82.11   Meeting.
82.12   Highway order.
82.13   Highways to school buildings.
82.14   Acquiring rights to land; damages from discontinuance.
82.15   Appeal of a highway order.
82.16   Highway orders; presumptions.
82.17   Highway papers, where filed.
82.18   Width of highways.
82.19   Discontinuance of highways.
82.20   Removal of fences from highway; notice.
SUBCHAPTER III
SPECIAL PROCEDURES
82.21   Highways on and across town and municipal lines.
82.23   Municipal line bridges.
82.25   Highway taxes for limited-use road.
82.27   Landlocked property and property with insufficient highway access.
82.28   Highways and bridges on state boundaries.
82.29   Highways abutted by state park lands; discontinuance or relocation.
SUBCHAPTER IV
EXISTING HIGHWAYS
82.31   Validation of highways.
82.33   Lost records; how restored; effect.
82.35   Temporary highways and detours; damages.
82.37   Tunnel under highway by landowner.
82.50   Town road standards.
82.51   Rules for town road bridge standards.
82.52   Rules for town road standards.
Ch. 82 Note NOTE: 2003 Wis. Act 214, which affected this chapter, contains extensive explanatory notes including a conversion table showing the location of prior statutes in the current chapter.
subch. I of ch. 82 SUBCHAPTER I
FUNDING AND GOVERNANCE
82.01 82.01 Definitions. In this chapter, the following words and phrases have the designated meanings unless specifically noted:
82.01(1) (1)“Department" means the department of transportation.
82.01(2) (2)“Freeholder" means a person who owns a fee simple or life estate interest in land, a person who is a land contract vendee, or a person who has an interest in land arising under ch. 766.
82.01(3) (3)“Highway order" means an order laying out, altering, or discontinuing a highway or a part of a highway, that contains a legal description of what the order intends to accomplish and a scale map of the land affected by the order.
82.01(4) (4)“Laid out" means any formal act or process by which a municipality determines the location of a highway.
82.01(5) (5)“Legal description" means a complete description of land without internal references to any other document, and shall be described in one of the following ways:
82.01(5)(a) (a) By metes and bounds commencing at a monument at the section or quarter section corner or at the end of a boundary line of a recorded private claim or federal reservation in which the annexed land is located and in one of the following ways:
82.01(5)(a)1. 1. By government lot.
82.01(5)(a)2. 2. By recorded private claim.
82.01(5)(a)3. 3. By quarter section, section, township, and range.
82.01(5)(b) (b) If the land is located in a recorded and filed subdivision or in an area that is subject to a certified survey map, by reference as described in s. 236.28 or 236.34 (3).
82.01(5)(c) (c) If the land is depicted in a transportation project plat filed or recorded under s. 84.095, by reference as described in s. 84.095 (7) (a).
82.01(6) (6)“Municipality" means a city, village, or town.
82.01(7) (7)“Opened" means the completion of work on a highway that places the highway in a condition ready for public use.
82.01(8) (8)“Recorded highway" means a highway for which the order laying out or altering the highway, or a certified copy of the order, has been recorded in the office of the register of deeds in the county in which the highway is situated or, for highways that were laid out or altered before January 1, 2005, in the office of the clerk of the town or the county in which the highway is situated.
82.01(9) (9)“Town line highway" means a highway that runs on or across the boundary line between a town and another town, a village, or a city.
82.01(10) (10)“Unrecorded highway" means a highway that is not a recorded highway.
82.01(11) (11)“Worked" means action of the town in regularly maintaining a highway for public use, including hauling gravel, grading, clearing or plowing, and any other maintenance by or on behalf of the town on the road.
82.01 History History: 2003 a. 214 s. 20, 154.
82.01 Note NOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
82.03 82.03 Duties of town board.
82.03(1)(1)Oversight of highways, superintendent of highways.
82.03(1)(a) (a) The town board shall have the care and supervision of all highways under the town's jurisdiction, including the highways specified in s. 83.06. The town board may appoint in writing a superintendent of highways to supervise, under the board's direction, the construction, repair, and maintenance of the highways and bridges under the town's jurisdiction. Where no superintendent of highways is appointed, it shall be the duty of the town board to perform all of the duties that are prescribed by law for the superintendent of highways to perform, including keeping the highways passable at all times.
82.03(1)(b) (b) The town board may appoint more than one superintendent of highways. If more than one superintendent is appointed, the town board shall divide the town into as many districts as there are superintendents. The districts shall be numbered and a superintendent shall be assigned to each district. A superintendent may be a member of the town board.
82.03(1)(c) (c) The town board shall fix the compensation and may require and set the amount of a bond of the superintendent. The town board may reimburse the superintendent for expenses incurred in performing his or her duties as superintendent.
82.03(1)(d) (d) The town board shall provide the superintendent of highways with necessary forms and books made in compliance with standards prescribed by the department.
82.03(2) (2) Funding and equipment. The town board shall provide machinery, implements, material, and equipment needed to construct, maintain, and repair the highways and bridges under the town's jurisdiction, and for those purposes may acquire by purchase or by condemnation under ch. 32 stone, gravel, sand, clay, earth, gravel pits, stone quarries, and interests in land under s. 83.07.
82.03(3) (3) Oversight of superintendent. The town board shall direct the superintendent of highways in the performance of the superintendent's official duties.
82.03(4) (4) Control of expenditures. The town board shall direct when and where all highway funds shall be expended.
82.03(5) (5) Maintenance.
82.03(5)(a)(a) The town supervisors may enter any lands near any highway in the town to construct necessary drains or ditches or embankments for the improvement or protection of the highway.
82.03(5)(b) (b) The town supervisors may enter any private lands with their employees and agents for the following purposes:
82.03(5)(b)1. 1. To remove weeds and brush to keep the highway reasonably safe for travel.
82.03(5)(b)2. 2. To erect or remove snow fences to keep highways reasonably free from snow and open for travel during the winter season.
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