86.074 Highway setback areas.

311 words·~1 min read·/wi/chapter-86/86-074-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)In this section:

(a)“Highway setback area” means an area abutting a highway in which the construction or placement of structures and improvements is prohibited without a special exception permit issued by the department consistent with the terms of sub.

(2).

(b)“Improvement” means any permanent addition to or betterment of real property that involves the expenditure of labor or money to make the property more useful or valuable. “Improvement” includes parking lots, parallel driveways, surface or sub-surface utility structures, storm water facilities, loading docks, in-ground swimming pools, wells, septic systems, retaining walls, signs, buildings, building appendages such as porches, and drainage facilities. “Improvement” does not include terraces, patios, landscaping, or open fences.

(c)“Special exception” means a special exception permit or waiver of requirement relating to placement of a structure or improvement in a highway setback area.

(d)“Structure” includes a temporary or permanent addition to or betterment of real property that is not portable in nature, but that adversely affects the safety of entrance upon or departure from state trunk or connecting highways or the preservation of public interest and investment in those highways, as determined by the department in its reasonable discretion. “Structure” does not include items such as portable swing sets, movable lawn sheds without pads or footings, above ground swimming pools without decks, sidewalks, bike paths, or natural features, including landscaping or berms.

(e)“Substantial evidence” means facts and information, other than merely personal preferences or speculation, directly pertaining to public safety or the preservation of public interest and investment in state trunk or connecting highways, and directly pertaining to or the requirements and conditions an owner must meet to obtain a special exception and that reasonable persons would accept in support of a conclusion.

(2)All of the following apply to any highway setback area maintained by the department: