Section 201.21. Local acquisition of signs.

 

(1)   Purpose. The purpose of this section is to interpret s. 84.30 (6) and (15) , Stats., as these provisions affect the removal of signs along controlled highways under local ordinances.

(2)   Compensation.

(a) This section applies to local government sign acquisitions in which s. 84.30 (6) , Stats., requires compensation for the removal of a lawful nonconforming sign under a local ordinance. This section does not attempt to address the validity of local sign amortization ordinances adopted before the enactment of the "just compensation" amendments to the state and federal sign control laws ( s. 84.30 (6) , Stats., as amended by chapter 253, laws of 1979 , effective May 10, 1980; 23 USC 131 (g) as amended by P.L. 95-599 , section 122, effective November 6, 1978) or the validity of the application of such local ordinances after the enactment of these amendments.

(b) A local government may not remove a lawful nonconforming sign for which compensation is required under s. 84.30 (6) , Stats., unless at the time of removal the department certifies that sufficient funds are available to pay just compensation for the sign. If sufficient funds are not available from state or federal sources, or both, the department may certify that availability of sufficient funds upon deposit of the required amount with the department from any source. The department shall determine the availability of state and federal funds by evaluating overall state obligations under the sign control program and the priority requirements of s. Trans 201.14 . The department shall determine the required amount for deposit by evaluating the local government appraisal and conducting any further appraisal or investigation that appears to be necessary to ensure that the estimated compensation requirement is accurate.

(3)   Review. The department may periodically review a deposit required under sub. (2) and for good cause may raise or lower the amount required.

Cr. Register, July, 1983, No. 331 , eff. 8-1-83.