WisDOT uses the following statutes and administrative code to regulate access management on the state highway system. A general explanation of each is provided, and clicking on the title brings up the actual statute or code text.
This statute allows WisDOT to acquire property and interests for highway purposes. It is generally used when new or additional lands are being acquired for right of way and when access rights have value.
This statute allows WisDOT to develop state highway projects to control access. It allows WisDOT to begin the process of managing access and planning highway corridors while a highway is still in a rural-type condition with a minimum of 2,000 vehicle trips per day. WisDOT develops these projects via a public notification and hearing process. When these projects are completed, properties along the project have their existing access frozen, and WisDOT works with the individual property owners and local officials by planning and carefully evaluating new or modified access, which in turn maximizes the safety, capacity and longevity of the highway. This statute has a limit of 1,500 state highway miles for which WisDOT may use this type of control.
If WisDOT chooses to designate a highway as a freeway or expressway, this statute allows WisDOT to prohibit additional accesses to a highway that is being relocated and allows for alternative access to be provided to properties instead of paying damage compensation for acquiring access rights.
Under s. 86.07(2)(a), a permit is required from WisDOT when a person, business, civic group, utility, or local unit of government needs to work in state highway right of way. The work includes the construction of a connection (driveway, public/private road, and trail access/crossing) to a state highway and typically consists of excavating, placing fill, grading, paving and surveying.
Trans 231 further defines WisDOT's authority to issue permits for state highway connections. The rule designates standards for placing, constructing, altering, and maintaining connections for traffic movements between state highways and abutting property. See
state highway connection permits for additional information.
If WisDOT denies a state highway connection permit application or revokes a permit that was previously issued under s. 86.07(2)(a), and the applicant has the right to apply for a permit (i.e., s. 84.09, s. 84.25, or other access control tools such as covenants, Trans 233, etc. do not exist), then the applicant has the right to appeal WisDOT's decision under s. 86.073. In order for the process to begin, an applicant must make a written request to WisDOT within 30 days of the denial or revocation notice.
If the applicant still disagrees with WisDOT's review decision, s/he may request a hearing before the Division of Hearings and Appeals (DHA) within 30 days after receiving notice of WisDOT's review decision. Upon receiving the appeal request (receipt), DHA shall schedule a hearing date within 60 days.
WisDOT is authorized to create rules regarding the subdivision of land abutting state and connecting highways under Wis. Stat. Ch. 236 [specifically s. 236.13(1)(e)]. Wis. Stat. s 86.07(2)(a) allows WisDOT to establish rules and issue permits for highway access. This statute permits WisDOT to require the review of other types of land divisions under Trans 233. Both statutes are intended to assure the safety of ingress and egress of state highways and for the preservation of the public interest and investment in such highways.
Trans 233 was promulgated based on Ch. 236 and s. 86.07(2)(a). It created the rules that a person must follow when dividing land that abuts state highways and connecting highways. See
subdivisions for additional information.