Section 202.13. Modification or withdrawal of Wisconsin scenic byways designation.

 

(1)  Every 10 years following the date of official notification of designation, local units of government through which the route passes shall have the opportunity to re-evaluate the designated route and to determine if they wish to modify the route due to changes in land use or other extenuating circumstances. The local unit of government having zoning authority over the scenic byway corridor shall notify the department in writing, pass a resolution and submit a map indicating the proposed change to the designated route. In unincorporated areas where county zoning is in effect, the request shall also contain a resolution from the county board of the appropriate county supporting the request. The department may require the local government sponsor to coordinate the submission of requests for modification of the scenic byway route. Requests under this subsection shall be received by the department no later than 12 months from the 10-year anniversary date. The SBAC shall review the proposed route modifications and make recommendations to the secretary. Modifications become effective upon approval of the secretary. If the department receives no notification under this subsection that a modification is being requested, the designated route shall remain unchanged for another 10 year period.

(2)  Designation of a state trunk highway as a scenic byway may be withdrawn at any time after resolution by 2/3 of the local government sponsors and with the approval of the SBAC and the secretary. There shall be at least one public hearing by a local government sponsor before such a removal.

(3)  The SBAC may recommend to the secretary that a scenic byway designation for a particular state trunk highway be rescinded if the route no longer possesses the scenic or historic character of the route originally qualifying it for designation due to overdevelopment, the presence of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that the SBAC review and recommend whether a scenic byway designation for a particular state trunk highway should be rescinded. If the SBAC recommends that a scenic byway designation for a particular state trunk highway be rescinded, the department shall hold a public hearing on the removal.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 particular state trunk highway may be withdrawn upon approval of the secretary.

CR 04-057 : cr. Register February 2005 No. 590 , eff. 3-1-05.