CHAPTER 86
MISCELLANEOUS HIGHWAY PROVISIONS
86.01 Materials left in highway; penalty.
86.021 Highways, cultivation of; injury by farm machinery.
86.022 Obstructing highway with embankment or ditch.
86.025 Camping on highways.
86.03 Trees on and adjacent to highway.
86.04 Highway encroachments.
86.05 Entrances to highways restored.
86.06 Highways closed to travel; penalties.
86.07 Digging in highways or using bridges for advertising.
86.073 Review of denial of permit.
86.075 Highway authorities to notify drainage board of highway construction.
86.08 Dust-free surfacing at licensed dairy or meat packing plants.
86.09 Access to cemetery preserved.
86.10 Salvage in highway construction.
86.105 Snow removal in private driveways.
86.11 Highways; railroad crossings; grade separation.
86.12 Highway railroad grade crossings; construction and repair.
86.13 Railroads to maintain highway crossings.
86.135 Railroad highway crossings; traffic control.
86.14 Strength of bridges.
86.15 Donations of highway aid to adjoining municipalities.
86.16 Utility lines on highways; place of poles; penalty.
86.17 Taking water from highway streams.
86.18 Milwaukee County highways; location, alteration, maintenance.
86.185 Populous counties; power over county trunk highways.
86.19 Highway signs, regulation, prohibition.
86.191 Advertising in highways prohibited, where.
86.192 Penalty for injuring guide board, markers, etc.
86.195 Specific information signs.
86.196 Tourist-oriented directional signs.
86.20 Interstate bridge corporations.
86.21 Interstate toll bridges.
86.22 Interstate railroad bridges must have convenient approaches.
86.23 Maintenance of drawbridges owned jointly.
86.25 Municipal cooperation as to highways improved with state or federal aid.
86.255 Limitation on moneys used to purchase land remote from highway project.
86.257 Transfer of highways.
86.30 General transportation aids.
86.302 Local roads; inventory.
86.303 Cost determinations.
86.305 Eligibility for transportation aids.
86.31 Local roads improvement program.
86.312 Local roads for job preservation program.
86.315 County forest road aids.
86.32 Connecting highways.
86.33 Population estimates.
86.34 Disaster damage aids.
86.50 Milwaukee County high-wide route.
86.51 Requirements for local projects.
86.001
86.001
Definitions. In this chapter:
86.001(1m)
(1m) “Department" means the department of transportation.
86.001(2)
(2) “Division of hearings and appeals" means the division of hearings and appeals in the department of administration.
86.001(2m)
(2m) “Office" means the office of the commissioner of railroads.
86.001(3)
(3) “Secretary" means the secretary of transportation.
86.01
86.01
Materials left in highway; penalty. It shall be unlawful for any highway superintendent or any other person to leave any materials in the traveled portion of any highway not closed to public travel in piles or rows after sunset without placing within one hour after sunset upon such piles or at the end of such rows a lighted lantern containing sufficient oil or fuel to keep the same burning until daylight. Any person violating any of the provisions of this section shall be liable to a fine of not less than $10 nor more than $100.
86.02
86.02
Injury to highway. Any person who shall injure any highway by obstructing or diverting any creek or watercourse or sluiceway, or by dragging logs or timber thereon, or by any other act, shall be liable in treble damages, to be recovered by the political division chargeable with the maintenance of highway injured, and the amount recovered shall be credited to the highway maintenance fund.
86.021
86.021
Highways, cultivation of; injury by farm machinery. 86.021(1)(1)
No person shall, within the limits of any public highway, plow, cultivate or otherwise work any lands in such manner as to interfere with or obstruct the drainage in any public highway ditch, nor shall any person operate any farm or other machinery on, over, along or across any public highway in such manner as to materially damage the said highway.
86.021(2)
(2) Any person who shall violate the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $10 nor more than $50, or by imprisonment in the county jail not less than 10 days nor more than 30 days, and shall in addition pay the whole cost of restoring the ditch or highway, or both, to their former condition.
86.022
86.022
Obstructing highway with embankment or ditch. Any person who shall willfully or maliciously make any ditch, depression or embankment or place any obstruction in any public highway intended or calculated to impede or incommode the use of such highway, or who shall place any obstruction in any ditch constructed to drain any highway, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $10 nor more than $100.
86.025
86.025
Camping on highways. It shall be unlawful for any person or persons to camp in wagons, tent or otherwise on the public highways or lands adjacent thereto, after a notice to remove therefrom by the owners of such adjacent lands, or the owner of land abutting on the highway, or by a member of the board of supervisors or any trustee of any town or village where such camping place is made. Any person or persons violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding $10, or imprisoned in the county jail not exceeding 30 days, or both.
86.03
86.03
Trees on and adjacent to highway. 86.03(1)(1)
Removal of fallen trees. If any tree falls from adjacent land into any highway, the owner or occupant of the land shall immediately remove the tree from the highway. It shall be the duty of every highway patrolman, street commissioner, or other officer in charge of the maintenance of streets or highways, to remove from any highway any fallen tree or trees therein.
86.03(2)
(2)
Ownership. All trees on land over which any highway is laid out shall be for the use of the owner of the land or person otherwise entitled thereto, except trees that have been acquired by and for the public in the acquisition of the highway right-of-way and except such trees within the highway as may be requisite to make or repair the highways on the land or within one mile of the same; but no trees reserved for shade or ornament, unless acquired by the public, shall be used for such purpose.
86.03(3)
(3)
Planting trees and shrubs in highway. 86.03(3)(a)
(a) Any person owning or occupying land adjoining any highway may, with the approval of the public authority maintaining the highway, plant, cultivate and maintain trees, shrubs or hedges on the side of the highway contiguous to and within 10 feet of that person's land. Such trees, shrubs or hedges shall be cut or removed only by the owner or occupant of the abutting land or by the public authority having control of the highway.
