STATE OF WISCONSIN
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
PROPOSED ORDER
A
MENDING
PERMANENT RULE
The State of Wisconsin Department of Transportation Proposes an Order to Amend Permanent Rule Wisconsin Administrative Code
§
Trans 201.23
and
ch.
Trans
202
Relating to Wisconsin Scenic Byway Program.
The Statement of Scope for this
P
ermanent
R
ule, SS
055-14
, was approved by the Governor on May 23, 2014, published in
the Wisconsin Administrative Register No.:
702 on June 14, 2014
, and approved by the Secretary of the State of Wisconsin Department of Transportation
(“Department”)
Mark Gottlieb, P.E., on June 26, 2014, as required by
Wis. Stat. §
227.135(2)
.
The
Department
p
roposes an Order to
a
mend
p
ermanent
r
ule Wis
consin Administrative
Code
§
Trans 201.23
and
ch.
Trans
202
relating to
the
Wisconsin Scenic Byway Program. The analysis below was prepared by the Department.
ANALYSIS
Statutes Interpreted:
Wis. Stat. §
8
4.106
.
Explanation of Agency Authority:
Authority for this rule
making is provided in
Wis. Stat. §
84.106
. Wisconsin Stat. §
84.106
(1m)
,
requires
the Department
to develop, implement, and administer a program to designate highways or portions of highways in this state that have outstanding scenic, historic, cultural, natural, recreational, or archaeological qualities as scenic byways.
Originally
only state and federal highways,
except
interstates, could be incorporated into a scenic byway.
2011 Wisconsin Act 147
amended
Wis. Stat. §
84.106
,
so that any type of highway
, except for interstates,
intended for regular use by the motoring public
has the potential to be designated
as a scenic byway.
Wisconsin Stat. §
84.106
(2)
requires
the Department
to promulgate rules related to the scenic byway program
. This rulemaking is to incorporate this statutory change into Wis
.
Admin
.
Code
§
Trans 201.23
and
ch.
Trans 202
.
Related Statute or Rule:
Wis. Stat. §
84.106
.
Plain Language Analysis:
Th
is rulemaking
specif
ies
which types of highways may be integrated into a scenic byway created under
Wis. Stat. §
84.106
.
2011 Wisconsin Act 147
amended
Wis. Stat. §
84.106
,
so that any type of highway
, except interstates,
has the potential to b
e designated as a scenic byway.
Prior to
2011 Wisconsin Act 147
, only state and federal highways, other than interstates, could be incorporated into a scenic byway. This rulemaking incorporate
s
this statutory change into
Wis. Admin. Code §
Trans 201.23
and
ch.
Trans 202
and exclude
s
those parts of the transportation network not designed or intended for regular use by the motoring public.
T
he following types of highways will be eligible for inclusion as a scenic byway:
•
State
and federal highways (currently eligible);
•
Connecting
highways (currently eligible)
;
•
County
highways (new);
•
Local
streets (new).
The following types of facilities fall within the scope of the legal term “highway”
but
shall not be eligible for inclusion as a scenic byway:
•
Interstate
highways (already excluded by rule);
•
Alleys
(new);
•
Bike
paths, sidewalks and footpaths (new);
•
ATV
and snowmobile trails (new);
•
Hiking
trails (new)
;
•
Railroad
rights of way
(new);
•
Any
other facility not intended for use by motor vehicles (new).
Because the Scenic Byways program will now include highways under county and local jurisdiction, to which the federal Highway Beautification Act and conforming state laws do not apply, state
outdoor advertising
regulations related to scenic highways found in Wis
.
Admin
.
Code
§
Trans 201.23
will
make clear that
these outdoor advertising regulations
are not being extended to those local and county roads.
2011 Wisconsin Act 147
also
created
Wis. Stat. §
84.106
(3)
,
related to m
arking
h
ighways.
Wisconsin Stat. §
84.106
(3)
specifies that the
Department
is responsible for the installation and maintenance of
scenic byways logo
signs along sections of the scenic highway that are part of
the state trunk highway system
, and also provides
that the local government
that has
maintenance authority over
a
road or highway shall be responsible for the installation and maintenance of
scenic byways logo
signs on tho
se roads
.
Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations:
2011 Wisconsin Act 147
is consistent with
the authorizing legislation for a national scenic byways program
found in
Title 23 U.S.C.
§
162
,
and the control of outdoor advertising on scenic byways on the Federal Aid Primary System found in
23 U.S.C.
§
1
31(2)
.
Under federal law, Title 23 U.S.C.
§
162, the national scenic byway program’s vision is to create a distinctive collection of American roads, their stories and treasured places.
Federal Highway Administration (“
FHWA
”)
Interim Policy (Volume 60, No. 96 Federal Register) set forth the criteria for the designation of roads as National Scenic Byways based on their scenic and other qualities, regardless of whether the highways are under state or local jurisdiction.
Federal law in 23 U.S.C.
§
1
31(2) does restrict billboard erection along scenic byways that are part of the interstate or national highway systems.
Like the federal program, the Wisconsin Scenic Byways Program’s current purpose is to identify, through local government initiatives, highway routes with outstanding scenic characteristics and other related qualities and resources that provide travelers with an exceptional travel experience. Consistent with federal law,
Wis. Stat. §
84.106
,
now permits
local
roads
to
be added to the scenic highways system
.
This rule a
lso
provides that,
consistent with federal law,
billboard control require
d
under
the
federal highway beautification act and corresponding state laws and regulations will not be applied to
local
highways
that are
n
o
t subject to regulation under
Wis. Stat. §
84.30
.
Comparison with Rules in Adjacent States:
While the National Scenic Byways Program administered by the
F
HWA established the framework and criteria
for the program
,
s
tates have discretion
as to
how they develop and implement their respective state programs.
The Department f
ocus of comparison
with respect to neighboring states,
is
on
the
following
questions:
•
What
are
the types of highways that may be integrated into a scenic byway in Illinois, Iowa, Michigan and Minnesota
?
•
Who
pays for the
initial and replacement
logo
signs
that identify the route as a scenic byway?
Illinois
All
public roads including local roads and county highways in Illinois are eligible for designation.
Unless the
FHWA designates a scenic byway in Illinois, no new
scenic
highway
s
may be created in the state.
FHWA
has not
accepted applications
for new byways since
2008
, so no new byways have been added in Illinois since 2008
.
Any state or local highway designated as a scenic byway by the
Federal
government may be signed as a scenic byway in Illinois
.
Illinois allows each officially designated byway to have
its
own
unique
Scenic Byways logo sign
to identify the route
as a scenic byway
and
to
guide travelers along it. The average cost
of the logo sign is $100. B
yway groups pay for the fabrication of the
initial and replacement
signs.
The
Illinois D
epartment of Transportation i
nstalls signs on the state trunk highway system and
the
appropriate local government installs signs
along local
highways.
Iowa
All
public roads
including local roads and county highways
in Iowa are eligible for designation.
Iowa allows each officially designated byway to have
its
own unique Scenic Byways logo sign to identify the route
as a scenic byway
and guide travelers along it.
The
Iowa
DOT
is
in the process of
updating the graphics on the
se
logo signs.
The estimated
average
cost of the
logo sign is $
87
.
The
Iowa DOT provides the
updated
logo signs
and installation.
The
Iowa
DOT
will provide replacement signs
and the local governments or
the
Iowa
DOT
d
istrict offices will install them.
Michigan
Numbered
US and state trunk highways in Michig
an are eligible for
scenic byway
designation.
Local roads and county highways
are not eligible for designation as a
state
scenic byway.
Michigan
has
a single
standardized logo sign
that
is used on
all of
its formally designated byways.
I
n December
2014, the Michigan
legislature
passed
a bill
to change the
name
from
“
Heritage Route
”
to
“
Pure Michigan Byway
” a
s part of a rebranding and reinventi
o
n of the program
.
The estimated cost per sign is $16; they are made at a state prison.
The
Michigan
Department of Transportation
will replace the
old
logo signs at the end of their life
expectancy
which is 15
to
20 years.
Signs may be replaced earlier if the
local
byway
committee
secure
s funding for the logo
signs
from a
local
t
ransportation office or
from another source of funding
.
The
Michigan
DOT
maintains the erected signs.
Minnesota
All
public roads
including local roads and county highways
in Minnesota
are eligible for designation.
Minnesota
allows each officially designated byway to have
its
own unique Scenic Byways logo sign to identify the route and guide travelers along it. The average cost of the logo sign is
$82
.
The byway groups
need to secure funding from public or private sources
for the fabrication of the initial and replacement signs. The byway group
s
must also make arrangements for the installation of the signs.
Summary of Factual Data and Analytical Methodologies
:
Wisconsin Stat. §
84.106
(2)
,
requires
the Department
to promulgate rules relat
e
d to the scenic byway program.
2011 Wisconsin Act 147
is consistent with the authorizing legislation for a national scenic byways pr
ogram found in Title 23 U.S.C. §
162
,
and the control of outdoor advertising on scenic byways on the Federal Aid Pri
mary System found
in
Title 23 U.S.C.
§ 131(s).
Analysis Regarding Rule’s Effect on Small Businesses:
This proposed rule neither requires nor prohibits any action on the part of any small business. This rule will not impose any direct or indirect cos
ts on small businesses.
The anticipated economic impact of implemen
ting the proposed rule changes are:
•
S
cenic
byways designation
may
provide an additional attraction for tourists. Therefore, more scenic byway designations
should
have a positive impact on tourism.
•
Scenic
byway designation provide
s municipalities on a route
with
a means of distinguishing themselves from other nearby municipalities
(
e.g.
,
“
c
ome visit us; we are a scenic byway
”
)
. Designation also
create
s
additional avenues for promotion at the local level
.
•
In
2004, an
economic impact
study and
marketing analysis
was conducted
of Wisconsin’s first scenic byway
known as
the Great River Road.
The route is
primarily on
WIS 35
,
from Prescott to
Kieler
. The study showed that in 2003, recreational users along the Great River Road Scenic Byway generated an estimated $337.5M in tourist expenditures. These expenditures supported an estimated 10,219 full-time equivalent jobs on the scenic byway. The full-time jobs generated an estimated additional $145M in wages and proprietary income.
•
No
other studies or analyses have been done
in Wisconsin
regarding the economic impact of scenic byways.
Fiscal Estimate:
The Department estimates that the fiscal impact will be to towns, villages, cities, counties or tribal governments for the purchase and installation of scenic byway logo signs on a local road or county trunk highway that is part of a formally
designated scenic byway route.
Scenic Byways logo signs are needed to identify the route and guide travelers along it.
2011 Wisconsin Act 147
creates Wis. Stat.
§
84.106(3)
, related to
marking h
ighways.
Wis
consin
Stat.
§
84.106(3)
specifies that the Department shall be responsible for the installation and maintenance of logo signs along the state trunk highway system.
2011 Wisconsin Act 147
also specifies that the local government
that has
maintenance authority over
a
road or highway shall be
responsible for the installation and maintenance of logo signs
along
tho
se roads.
The current cost of a logo sign, post, and installation is $175. There is an average of
0.68
sign
s
per
mile on
the three
formally designated byways (excluding the Great River Road)
in Wisconsin
.
The minimum length for a
Wisconsin
scenic byway is 30 miles. Assuming the route is solely on county highways or local roads,
approximately 20
signs would be needed for a total cost of $
3
,500
. It is important to note that the total cost would be shared by the local governments abutting the route. The actual cost per local government would depend on the percentage of the mileage of the local roads
that comprise
the scenic byways route.
Local governments may be able to coordinate with local service clubs or commissions to help defray the purchase cost of the signs. However, they have the ultimate responsibility for the purchase, installation and on-going maintenance of these signs.
The Department estimates that there will be no other fiscal impact on the liabilities or revenues of any town, village, city, county or tribal government related to scenic byway designation.
Anticipated costs incurred by the private sector:
None
.
Ef
fect on small businesses:
This pro
posed rule neither requires nor
prohibits any action on the part of any small business. This rule will not impose any direct or indi
rect costs on small businesses.
A s
cenic byways designation provides an additional attraction for tourists.
Small business
es
located along a formally designated byway that are involved in the provision of goods and services related to tourism or travel may experience a
n
incremental
increase in visitors and revenues
due to increased visitation by tourists
as a result of byway designation
.
The agency contact person listed below is also the small business regulatory coordinator for this proposed rule. This proposed rule, fiscal estimate, and other related documents may be viewed at
https://health.wisconsin.gov/admrules/public/Home
.
Agency Contact Person:
Jane V.
Carrola
,
Scenic Byways
Coordinator
State of
Wisconsin Department of Transportation
4802 Sheboygan Avenue, Room 901
P.O. Box 7913
Madison, WI 53707-7913
Phone: (608) 266-0649
Fax: (608) 267-0294
Place Where Comments Should Be Submitted and Deadline:
Comments may be submitted to the agency contact person listed above until the deadline given in the upcoming notice of public hearing. The deadline for submitting comments and the notice of public hearing will be posted on the Wisconsin Administrative Rules Website
at
http://adminrules.wisconsin.gov
after the hearing is scheduled.
TEXT OF
PERMANENT
RULE
SECTION 1.
Trans 201.23 (2) is amended to read:
Trans 201.23 (2)
After March 1, 2005, no sign visible from the main-traveled way of
a
an
interstate or primary
highway that is a scenic byway may be erected except the following:
Note: Under Trans 202.05(4
)(
2016), interstates are not currently eligible for scenic byway designation.
SECTION 2.
Trans 201.23
note
is created to read:
Trans 201.23
Note:
Signs which are not on or visible from the main-traveled way of an interstate or primary highway are
not subject to outdoor advertising
regulations under s.
84.30
, Wis. Stat.
Local ordinances govern regulations on other routes.
SECTION 3.
Trans 202.01 (1)
is amended to read:
Trans 202.01
(1) A
s required by
s.
84.106
,
Stats.,
this chapter establishes a Wisconsin scenic byways program. This chapter establishes the criteria and procedures to be used by the secretary
to designate
scenic byways
.
portions
of the state trunk highway system as a scenic byway when the highway corridor possesses unusual, exceptional, or distinctive scenic features
.
SECTION 4.
Trans 202.01 (2) is amended to read:
Trans 202.01 (2)
The
purpose of this chapter is to identify, designate, promote and preserve a system of
state trunk
highways recognized for their outstanding scenic views and ability to offer travelers an exceptional travel experience. These byway corridors shall highlight the best scenic qualities along with the natural, historic, archeological, cultural and recreational opportunities available in Wisconsin. Program participation may increase roadway corridor recognition, increase marketing potential, promote community consensus building, aid in preservation of resources, and increase eligibility for federal or state funding for certain byway related projects along the corridor.
SECTION 5.
Trans 202.02
(4) is amended to read:
Trans 202.02
(4)
“Corridor management plan” or “CMP” means a written document
authored by the local government sponsor
that serves as the coordinating plan by which the scenic, historical, recreational, cultural, archeological and natural qualities on a designated byway are maintained and promoted.
SECTION 6.
Trans 202.02
(10m) is created to read:
Trans 202.02 (10m)
“Scenic byway sign” means a
n
official sign designating a scenic byway as set forth in the manual adopted by the department, the Wisconsin Manual on Uniform Traffic Control Devices (MUTCD) under s.84.02(4)(e).
SECTION 7.
Trans 202.02 (14) is amended to read:
Trans 202.02 (14)
"Wisconsin scenic byway"
or “scenic byway”
means a
state trunk highway or
combination of
contiguous segments of state and federal highways, connecting highways, county highways and local roads
state trunk highways
that
has
have
special scenic qualities or historic resources and may in addition have special
scenic, historic,
recreational, cultural, archeological, or natural qualities for which they are
that is
designated as a scenic byway by the secretary pursuant to
s.
84.106
Stats.
SECTION 8.
Trans 202.
0
5 (2
)
is amended to read:
Trans 202.0
5
(
2
)
The route shall be
on the state trunk highway system and be approximately
30 miles in length at a minimum and, where feasible,
provide a completed closure or loop or
connect to major
highways at both ends of the route
.
The route may contain municipal streets or highways that the department has designated as connecting highways and that are marked as part of the state trunk highway system.
SECTION
9.
Trans
202.05 (4) is
repealed and
created
to read:
Trans 202.05 (4)
T
he
following are not eligib
le for scenic byway designation:
(a)
Interstate highways
.
(c)
Bike paths, sidewalks,
hiking trails, and
footpaths
.
(d)
ATV and snowmobile trails,
except
that roadways designated as ATV or snowmobile
routes
as defined in
s.
23.33(
1
)
(c)
a
n
d
350.
01
(16)
,
may
be
included
in a scenic byway.
(e)
Rustic roads designated under
s.
83.4
2
.
(f)
Railroad
rights of way
.
SECTION 10.
Trans 202.08
is repealed and
created to read:
Trans 202.08
Wisconsin
scenic byw
ay designation
, as a
pprov
ed
by the secretary
,
except as otherwise provided in
this chapter
,
shall not affect
in an
y manner
the authority and responsibilities of
the department,
any
count
y or any local government
over
their
respective segments of a scenic byway
i
ncluding responsibility for maintenance
, safety
, improvements or regulation of traffic
.
SECTION 11.
Trans 202.09
is repealed and
created to read:
Trans 202.09
Designation as a Wisconsin scenic byway
may not
:
1.
P
rohibit or affect future roadway design
or
construction
.
2.
C
hange the existing state or federal classification of the highway
.
3.
B
e a factor in department
or local government
decisions on whether or not a highway improvement project is necessary or appropriate for the designated highway.
4.
Be considered in determining local transportation aids paid under
§
86.30
.
5.
Affect enforcement of state or local traffic laws.
SECTION 12.
Trans 202.10
(1) is
repealed and
created to read:
Trans 202.10 (1)
The following units of government
shall furnish, erect, replace and maintain signs marking scenic byways in accordance with the manual adopted by the depar
t
ment under
s.
84.
02
(
4
)
(e)
.
(
a)
The department with respect to
state trunk highways
under
its
jurisdiction
.
(b)
The local unit
s
of government
with respect to
any highway
under
their
maintenance
not described in par. (a)
, including
connecting highways
.
SECTION 13. Trans 202.13 (3) is amended to read:
Trans 202.13
(3)
The SBAC may recommend to the secretary that a scenic byway designation for a particular
state trunk highway
route
be rescinded if the route no longer possesses the scenic or historic
character of the route originally qualifying it for designation due to overdevelopment, the presence of some other visual detraction, the failure to adequately implement the corridor management plan, or if substantial modifications to the route have taken place under sub. (1).
The
department may request that the SBAC review and recommend whether a scenic byway designation for a
particular route should be rescinded. If the SBAC recommends that a scenic byway designation for a route
be rescinded, the department shall hold a public hearing on the removal. After the public hearing is held, the designation as a scenic byway for the route
may be withdrawn upon approval of the secretary.
SECTION
14
.
EFFECTIVE DATE. This rule shall take effect on the first day of the month beginning after publication in the Wisconsin Administrative Register as provided in s.
227.22 (2)
, Stats.
(END OF RULE TEXT)
