Section 200.08. Tourist-oriented directional signs.

 

(1)   Signs permitted. The department and local authorities that have adopted an enabling ordinance may authorize the erection and maintenance of tourist-oriented directional signs within highways under their jurisdiction subject to the provisions of s. 86.196 , Stats., and the following restrictions:

(a) No tourist-oriented directional sign may be erected or maintained by an applicant.

(b) No tourist-oriented directional sign may be erected or maintained for any business that has a guidance sign erected on a right-of-way under s. Trans 200.03 on the same road, in the same direction, unless the guidance sign is removed before the tourist-oriented directional sign is erected.

(c) No tourist-oriented directional sign may be installed or maintained directing to a tourist-oriented business, service or activity that is located within an urban area as defined by s. 86.196 (1) (c) , Stats.

(d) No tourist-oriented directional sign may be erected or maintained that fails to conform with s. 86.19 , 86.191 , 86.196 or 346.41 , Stats., or rules implementing or interpreting these statutes, as determined by the department.

(e) No tourist-oriented directional sign may be erected or maintained if the applicant has an outdoor advertising sign for the same business, service or activity in violation of s. 84.30 , Stats., or ch. Trans 201 .

(f) Any person permitted to have a tourist-oriented directional sign shall provide for the installation and maintenance of any supplemental signing deemed necessary by the department to guide traffic to the tourist-oriented business, service or activity.

(g)

1. No tourist-oriented directional sign may be erected on a conventional state trunk highway directing to a tourist-oriented business, service or activity that is located on a freeway, expressway or any other conventional state trunk highway. Local authorities may adopt similar restrictions with reference to highways under their jurisdiction.

2. No tourist-oriented directional sign may be erected on an expressway directing to a tourist-oriented business, service or activity that is located on a freeway or any other expressway.

(h) No intersection tourist-oriented directional assembly may be erected or maintained at a location such that there exists another intersection between the assembly and the intersection at which the assembly applies. The department may authorize advance tourist-oriented directional assemblies in accordance with sub. (6) (d) and (e) at locations where 2 intersections are so closely spaced that it is not practical to install intersection tourist-oriented directional assemblies between the 2 intersections.

(i) The location of an existing official traffic control device, or the need for a new device, shall take precedence over the location of a tourist-oriented directional sign, either existing or proposed.

(j) The department reserves the right to require the relocation or removal of tourist-oriented directional signs, if necessary, for the safety of the traveling public, to install official traffic signs at or in the vicinity of existing tourist-oriented directional signs.

(k) When there are more tourist-oriented directional signs requested than the number that may be permitted, priority shall be given in the following order:

1. The businesses, services or activities with existing permitted tourist-oriented directional signs.

2. Businesses, services or activities with the earliest received application. Applications received on the same day will be considered received simultaneously.

3. The business, service or activity that is nearest the highway on which the tourist-oriented directional sign is located.

(L) Any tourist-oriented directional sign for a business, service or activity operated on a seasonal basis shall be removed during off-seasons. The permittee shall notify the department or its contractor not less than 15 calendar days before the closing and reopening date.

(m) No tourist-oriented directional sign may be erected or maintained:

1. That does not meet department specifications.

2. That has an objectionable appearance as determined by the department due to accident, vandalism, fading, deterioration or other causes.

3. That fails to conform with Wisconsin or federal statutes or rules.

4. In violation of an order of the department or any court of competent jurisdiction.

5. For any business service or activity that fails to conform with all applicable laws concerning the provision of public accommodations without regard to race, religion, color, sex, sexual orientation or national origin.

6. If the business, service or activity does not meet pertinent health and other administrative regulations including, but not limited to, licensure by an appropriate agency.

7. Until an investigation by the department determines that no conflict resulting in unsafe driving conditions will exist with other official traffic control devices.

8. Which displays the hours of operation or dates of operation, if seasonal, of the business, service or activity.

9. To direct to a business, service or activity that is located on the same highway on which tourist-oriented directional signs are requested.

(n) Tourist-oriented directional sign removal shall not be stayed by filing any appeal of the department's decision or order to remove a tourist-oriented directional sign. A reviewing court may order a stay upon such terms as it deems proper pursuant to s. 227.54 , Stats.

(o) Tourist-oriented directional sign removal shall not affect a sign requestor's liability for any unpaid fees, interest and costs of collection as determined by the department.

(2)   Businesses, services, activities permitted. In order to qualify for a tourist-oriented directional sign, the business, service or activity:

(a) Shall be conducted in an appropriate area or in a building appropriately designed for the purpose and shall be open to the public;

(b) May not be conducted in a building principally used as a residence unless there is a convenient, separate and well-marked entrance leading to the business, service or activity;

(c) Shall be maintained in a manner consistent with standards generally accepted for that type of business, service or activity;

(d) Shall be of significant interest to the traveling public to the extent that 50% or more of its annual visitors or its annual gross income is derived from customers residing outside the immediate area in which the business, service or activity is located; and

(e) Shall qualify under one of the following categories:

1. Gas. Services provided shall conform with provisions of s. 86.195 (3) (a) , Stats.

2. Food. Services provided shall conform with provisions of s. 86.195 (3) (b) , Stats.

3. Lodging. Services provided shall conform with provisions of s. 86.195 (3) (c) , Stats.

4. Camping. Services provided shall conform with provisions of s. 86.195 (3) (d) , Stats.

5. Tourist attraction. A tourist attraction shall:

a. Be of significant interest to the traveling public;

b. Be open a minimum of 8 hours per day, and 5 days per week, if the highway on which the tourist-oriented directional sign is located is a state trunk highway;

c. Be in operation the greater part of 3 consecutive months, if the highway on which the tourist-oriented directional sign is located is a state trunk highway; and

d. Be licensed or approved if required.

(3)   Advisory council. The department may appoint an advisory council under ss. 15.04 (1) (c) and 15.09 , Stats., to review applications for tourist-oriented directional signs on the state trunk highway system in the tourist attraction category and for "ATTRACTION" category signs under s. Trans 200.06 . This 7 member council shall include representatives from the tourism industry, department of tourism, department of safety and professional services, and other organizations as determined by the department and shall make recommendations to the department to approve or deny applications. The department shall make the final decision on applications. The department shall furnish to the advisory council minimum criteria and requirements for the uniform evaluation and assessment of applications. The department, in collaboration with the advisory council, may make revisions to the application evaluation criteria if at any time it is apparent that the criteria or implementation process are inequitable to the applicants or that the signing itself creates operational or safety concerns. The advisory council shall meet as needed to consider and make recommendations on applications received by the department. The department may act on any application not acted upon by the advisory council within 60 days of forwarding of the application to the council. Members of the advisory council will not be compensated for their services or reimbursed for their expenses, except the department may reimburse private citizen members in hardship cases for actual and necessary expenses incurred in the performance of their duties.

(4)   Application, permit and renewal procedure.

(a) The department shall provide forms for tourist-oriented directional sign applications at its region offices. Completed applications shall be submitted to the region office for the region where the tourist-oriented directional sign is to be located. Each applicant shall provide all information required on the department's application form. If the application for the tourist-oriented directional sign is denied, the application fee shall be returned.

(b) Each applicant shall give written assurance on its application to the department that the applicant's business, service or activity conforms with all applicable laws concerning the provision of public accommodations without regard to race, religion, color, sex, sexual orientation or national origin.

(c) Each applicant shall indicate on its application whether its business, service or activity is seasonal and the closing and opening dates of the business if seasonal. The applicant shall give assurance to the department that it will provide prior notification of at least 15 calendar days to the region office of the region in which the tourist-oriented directional sign is located of any change in seasonal dates.

(d) Each applicant shall state on its application that it shall furnish the department, upon granting of the permit, the legend and directional information meeting the department's specifications for tourist-oriented directional signs.

(e) If a tourist-oriented directional sign application is approved, the application fee of $20.00 per year for each year of the initial 5-year period of the tourist-oriented directional sign program shall be retained by the department for administrative costs and routine inspection. Renewal of the permit shall be subject to review and approval or denial by the department and the department shall re-evaluate the fee during the 5-year period and shall establish a new fee to cover costs in order to comply with s. 86.196 (2) (c) , Stats.

(f) The business, service or activity for which a tourist-oriented directional sign is requested shall be the applicant's and the permit shall be issued to the applicant.

(g) In lieu of the application and permit renewal procedure under pars. (a) to (f) , the department may enter into a contract or contracts with a private contractor or contractors that specify substantially similar application and permit renewal procedures.

(h) Notwithstanding any prior grant or renewal of a tourist-oriented directional sign permit, the renewal of the permit shall not be granted, or the permit previously granted shall be revoked for any one of the following reasons:

1. If the qualified business, service or activity fails to provide the services required to qualify for a tourist-oriented directional sign so as to justify a finding that the business, service or activity is not in substantial compliance with this section;

2. If the qualified business, service or activity fails during its normal business season to open for business for more than 7 consecutive days, or for more than 10 days cumulatively, during any one-month period, unless the department finds that such closure was beyond the control of the owner or responsible operator or that the closure was justified by extenuating circumstances.

(i) If, due to fire, accident or similar cause, a qualified business, service or activity becomes inoperable for an extended period of time, exceeding 7 days, but not more than 90 days, its tourist-oriented directional sign shall be temporarily removed but shall not lose its priority. Under these circumstances, it shall be unnecessary to reapply prior to the normal time for a permit renewal. Further extensions may be granted if good cause is shown. However, failure of the owner or responsible operator to proceed with necessary repairs as rapidly as possible shall cause loss of the right to continued placement of the tourist-oriented directional sign and will require a new permit application.

(j) All tourist-oriented directional sign permits may be canceled by the department on 30 days written notice; except that when good cause is shown, a permit may be canceled with 10 days written notice.

(5)   Fees.

(a) The applicant requesting the erection of a tourist-oriented directional sign shall pay to the department an application fee of $100.00, representing $20.00 each year, to cover a 5-year period, for administrative costs and the cost of routine tourist-oriented directional sign inspection. The 5-year period begins on the date the sign is erected. A separate application and $100.00 fee is required for each tourist-oriented directional sign and for each advance tourist-oriented directional sign requested. The department shall re-evaluate the fee during the initial 5-year period of the tourist-oriented directional sign program and shall establish a new fee to cover costs in order to comply with s. 86.196 (2) (c) , Stats. The applicant granted a permit shall pay the department a fee established by the department for each tourist-oriented directional sign and for each advance tourist-oriented directional sign, if any, before the anniversary date of the erection of the tourist-oriented directional sign for each 5-year period following the erection of the sign. If the department does not receive payment of the fee by the 5-year anniversary date, the department may decline to renew the permit and the tourist-oriented directional sign may be removed.

(b) Applicants shall be responsible for the full cost of fabricating and supplying tourist-oriented directional signs to the department, in accordance with specifications established by the department. If the tourist-oriented directional sign program is privately contracted, signs may be furnished by the contractor.

(c) After application approval, the department or its contractor shall install tourist-oriented directional signs supplied by the applicant or the contractor and an appropriate installation fee will be charged the applicant.

(d) Any tourist-oriented directional sign determined by the department to be ineffective due to accident, vandalism or wear shall be replaced at the expense of the applicant in accordance with pars. (b) and (c) . The applicant shall contact the department's region office to obtain current tourist-oriented directional sign specifications prior to the fabrication of any replacement tourist-oriented directional sign.

(e) The department or its contractor shall be responsible for any necessary adjustments in tourist-oriented directional assemblies and tourist-oriented directional signs for special circumstances as described in sub. (8) (f) .

(6)   Contracts.

(a) The department shall prepare plans and specifications for the manufacture, installation and maintenance of tourist-oriented directional signs and tourist-oriented directional assemblies. The department's specifications shall require all tourist-oriented directional assembly supports to be of breakaway design. The department may manufacture and install tourist-oriented directional assemblies and tourist-oriented directional signs by installation contract or by maintenance contract. Contracts may be of any regional, district or local scope deemed reasonable and cost-effective by the department. All installation and maintenance work shall be done under contracts or procedures administered by the department. No installation, maintenance or other work may be done by any applicant, except for removal and replacement due to seasonal closures. The applicant shall furnish the department or its contractor the appropriate legend and directional information meeting the department's specifications for tourist-oriented directional signs. All materials furnished as a tourist-oriented directional sign by an applicant or by the department's contractor shall become and remain the property of the department once installed within any public highway, or as otherwise specified in the department's contract with its contractor. Failure by the applicant to deliver the tourist-oriented directional sign within the specified period, to provide for the installation of necessary supplemental signs, or to conform the sign to the department's specifications may result in the forfeiture of all fees and costs, and another business, service or activity may be given the opportunity to qualify to provide the signs for the vacated space.

(b) Sign maintenance contracts shall include provisions for installation of additional tourist-oriented directional signs on existing tourist-oriented directional assemblies; replacement of damaged, defective or obsolete signs; removal of signs; and costs for these items.

(c) Maintenance contracts may contain provisions for a negotiated price for unanticipated installation of tourist-oriented directional signs, including supports.

(d) In lieu of or in addition to the contracting procedures in pars. (a) to (c) , the department may enter into a contract that specifies alternative manufacture, installation, maintenance, marketing and implementation methods with a private contractor.

(e) Applicant or contractor shall be responsible for removing and replacing signs for seasonal services. This activity shall be in accordance with department standards and applicant or contractor performing the activity shall hold harmless the department in case of any accident or injury due to this operation.

(7)   Signing criteria.

(a) Distance to tourist-oriented business, service or activity. A tourist-oriented business, service or activity may not be located in excess of the 5-mile distance specified in s. 86.196 (5) , Stats., from the highway intersection at which tourist-oriented directional signs are to be located to qualify for a tourist-oriented directional sign, unless the distance limit is increased by a statutory enactment of the Wisconsin Legislature that is consistent with federal law. Distance to a business, service or activity will be measured from the near edge of the main travelled way to the center line extended of the closest business driveway of the business, service or activity.

(b) Lateral location. The location for tourist-oriented directional signs shall be determined by the department to preserve highway safety, to take advantage of natural terrain, to have the least impact on the scenic environment, to minimize conflict with scenic easements and to avoid visual conflict with other signs within the highway or with signs authorized or permitted under s. 84.30 , Stats. The signs shall be installed in accordance with the applicable provisions of the Wisconsin manual on traffic control devices adopted by the department under s. 84.02 (4) (e) , Stats.

(c) Location of tourist-oriented directional assemblies. Tourist-oriented directional assemblies located at intersections shall be at least 200 feet from the intersection. If 2 tourist-oriented directional assemblies are required for one direction leading to an intersection, the tourist-oriented directional assembly for right turns shall be at least 200 feet from the intersection and the tourist-oriented directional assembly for left turns shall be at least 300 feet away from the right-turn assembly, moving away from the intersection.

(d) Advance tourist-oriented directional assemblies. Advance tourist-oriented directional assemblies may be permitted only in those situations where the department determines that sight distance or other geometric conditions, intersection vehicle maneuvers or other vehicle operating characteristics require advance notification of the service to reduce vehicle conflicts or improve highway safety on the approach to and at the intersection where turning movements would occur.

(e) Order of advance tourist-oriented directional assemblies. The order of advance tourist-oriented directional assemblies shall be identical to the order of tourist-oriented directional signs found at intersections. However, advance tourist-oriented directional signs shall omit directional arrows and distances. The legend NEXT RIGHT or NEXT LEFT, whichever is appropriate, in letters of the same height as the sign legends, will be placed on the tourist-oriented directional assemblies above the tourist-oriented directional signs. The department or its contractor shall be responsible for the fabrication, installation and maintenance of NEXT RIGHT and NEXT LEFT panels.

(f) Location of advance tourist-oriented directional assemblies. When used, advance tourist-oriented directional assemblies shall be located approximately 1/2 mile from the intersection. The distance between adjacent advance tourist-oriented directional assemblies shall be at least 800 feet.

(g) Precedence of advance or intersection tourist-oriented directional assemblies. An advance tourist-oriented directional assembly replaces and is not in addition to the intersection tourist-oriented directional assembly which would otherwise be installed at the intersection.

(h) Relationship to rail crossings. All tourist-oriented directional assemblies shall be located at least 750 feet from railroad crossings on the highway on which tourist-oriented directional signs are to be located.

(i) Traffic control device precedence. The location of other traffic control devices shall take precedence over the location of tourist-oriented directional signs. Tourist-oriented directional assemblies shall be located at least 300 feet from other traffic control devices.

(j) Supplemental signing. Where the department requires, an applicant shall provide adequate supplemental signs on local roads and streets to guide motorists to the business, service or activity. Any required supplemental signs shall be in place before the tourist-oriented directional sign may be erected on a state trunk highway. Supplemental signs may be necessary where the business, service or activity is not located on a crossroad of the highway upon which the tourist-oriented directional sign is placed. Where supplemental signing is required by the department, it shall be the responsibility of the applicant to make arrangements with the appropriate local authority, and make the necessary payments to the local authority for the erection and maintenance of such signs.

(8)   Sign design and composition.

(a) Tourist-oriented directional signs may be designed in any manner that complies with the applicable provisions of the Wisconsin manual on traffic control devices adopted by the department under s. 84.02 (4) (e) , Stats. Briefly, the Wisconsin manual provides in part that tourist-oriented directional signs shall be rectangular in shape and shall have a white legend and border on a blue background. Each tourist-oriented directional sign shall have not more than 2 lines of legend including a separate directional arrow and the distance to the facility shown beneath the arrow except advance tourist-oriented directional signs as described in sub. (7) (e) . The content of the legend shall be limited to the identification of the business, service or activity, and the directional information. Legends shall not include promotional advertising.

(b) The department shall develop specifications for tourist-oriented directional assembly supports, sign base material and sign message and background reflective sheeting consistent with specifications as established for department signing. If the department adopts revised specifications at any time, existing tourist-oriented directional signs may remain until replacement is necessary. The new specifications shall be applicable for replacement tourist-oriented directional signs.

(c) The style and size of lettering and the arrangement and size of signs may be of any type that complies with the applicable provisions of the Wisconsin manual on traffic control devices adopted by the department under s. 84.02 (4) (e) , Stats. Briefly, the Wisconsin manual provides in part that individual tourist-oriented directional signs for intersection tourist-oriented directional assemblies shall not exceed 72 ‶ width and the tourist-oriented directional sign for advance tourist-oriented directional assemblies shall not exceed 60 ‶ width and the standard size and style of legend.

(d) A maximum of 4 tourist-oriented directional signs may be displayed on any one tourist-oriented directional assembly. A maximum of 2 tourist-oriented directional assemblies shall be allowed on each approach to an intersection or, when the department deems it necessary, a maximum of 2 advance tourist-oriented directional assemblies may be permitted.

(e) When there are 4 or fewer tourist-oriented directional signs to be placed on any one approach to an intersection, they shall be placed on one tourist-oriented directional assembly. When only one intersection tourist-oriented directional assembly is to be placed, those tourist-oriented directional signs for businesses, services or activities to the left shall be arranged vertically above those tourist-oriented directional signs requiring a turn to the right. Advance tourist-oriented directional signs require separate tourist-oriented directional assemblies for businesses, services or activities requiring turns to the right and to the left.

(f) When there are more than 4 tourist-oriented directional signs to be placed at an intersection, 2 tourist-oriented directional assemblies shall be used, one assembly for those businesses, services or activities requiring turns to the right, and one assembly for those requiring turns to the left. The tourist-oriented directional assembly for left turns shall be placed further from the intersection than the tourist-oriented directional assembly for right turns. In special circumstances as determined by the department, such as at a T-intersection or at a crossroad intersection when the number of potentially eligible businesses, services or activities in a particular direction is limited, the 2 tourist-oriented directional assemblies may contain up to a total of 8 tourist-oriented directional signs for businesses, services or activities located either to the right or left.

(9)   Sign removal and replacement.

(a) The department may revoke or suspend an approved tourist-oriented directional sign permit and remove any related tourist-oriented directional signs at any time for good cause including, but not limited to, any of the following reasons:

1. Failure to comply with any of the restrictions under sub. (1) ;

2. Failure to comply with any of the service standards under sub. (2) ;

3. Failure to comply with any application or permit renewal requirement under sub. (4) ;

4. Failure to receive timely payment of any fee required by the department under sub. (5) ;

5. Failure to comply with any signing criteria under sub. (7) ;

6. Failure to comply with the design and composition requirements under sub. (8) ;

7. Failure to comply with an emergency rule promulgated by the department to comply with more restrictive federal standards under sub. (9) ; or

8. Failure to comply with any condition of any tourist-oriented directional sign permit.

(b) The department may also remove a tourist-oriented directional sign to facilitate construction, maintenance or utility work within the limits of the public highway, including sign erection or maintenance, when approved by the department. The department shall restore the tourist-oriented directional sign upon completion of the work, if practicable.

(c) Removal of a tourist-oriented directional sign by the department shall not be stayed by the filing of any contested case, by any appeal of the department's decision or order to remove the tourist-oriented directional sign, or while the final decision is pending in any contested case or appeal. A reviewing court may order a stay upon such terms as it deems proper pursuant to s. 227.54 , Stats.

(d) Removal of a tourist-oriented directional sign by the department as a result of the department's denial of a permit renewal shall not be stayed pending the final decision in any contested case or by appeal of the department's denial of the permit renewal. A reviewing court may order a stay upon such terms as it deems proper pursuant to s. 227.54 , Stats.

(e) The department may remove a tourist-oriented directional sign at any time for any reason stated in this subsection whether the reason for removal occurs before or after issuance of the permit by the department, renewal or denial of the permit or erection of the sign.

(f) The department may remove a tourist-oriented directional sign at any time for any reason stated in this subsection whether the reason for removal results from action or inaction of the department, an applicant, permittee, the department's contractor or any other person or any other event or occurrence. The department shall provide for restoration of the sign or refund if the removal results from error of the department or the department's contractor in locating the tourist-oriented directional sign.

(g) In cases where the department removes a tourist-oriented directional sign before the permit period has expired, except where good cause is shown under par. (a) , the appropriate permit fee for any time remaining on the permit shall be refunded. No refund shall be provided for any temporary removal.

(h) The department shall remove any sign which imitates or purports to be a tourist-oriented directional sign and which is determined by the department to be installed without a valid tourist-oriented directional sign permit.

(10)   Compliance with federal law. To the extent changes to the tourist-oriented directional sign provisions of this section are required in order to conform with more restrictive federal standards for specific information signs pursuant to s. 86.195 (10) , Stats., the department shall promulgate an emergency administrative rule under s. 227.24 , Stats., that supersedes this chapter whenever federal standards become more restrictive than this chapter.

History: Cr. Register, July, 1992, No. 439 , eff. 8-1-92; correction in (1) (h) made under s. 13.93 (2m) (b) 7., Stats., Register March 1999 No. 519 ; CR 06-103 : am. (2) (e) 5. b., c., (3) and (7) (a) Register July 2007 No. 619 , eff. 8-1-07; correction in (3) made under s. 13.92 (4) (b) 6., Stats., Register January 2012 No. 673 ; corrections in (4) (a), (c), (5) (d) made under s. 13.92 (4) (b) 6., Stats., Register February 2013 No. 686 .