Section 231.01. General.

 

(1)  This regulation is for the purpose of designating standards within which the department is authorized to issue permits pursuant to s. 86.07 (2) , Stats., for placing, constructing or altering driveways for movement of traffic between state trunk highways and abutting property or otherwise making excavations or fills or installing culverts or making other alterations in a state trunk highway or in other manner disturbing any such highway or bridge thereon.

(2)  This authorization extends only to the issuance of permits for placing, constructing and altering private driveways, with and without pipes, for the movement of traffic between state trunk highways and abutting property, and to landscaping or other minor grading or alterations in roadway slopes and embankments on state trunk highways adjacent to lands owned by the permittee.

(4)  No permit issued pursuant to this authority shall supersede more restrictive requirements imposed by valid applicable local ordinances.

(5)  Permits for such installations or alterations exceeding the limits or conditions established hereby shall be issued only on specific approval of the secretary.

(6)  No permit shall be issued or be valid for construction of a driveway connecting directly with the through roadway of a controlled-access highway unless and until such driveway is authorized by specific finding, determination and declaration approved by the department.

(7)  Applications for permits shall be made on forms available at the offices of the department, and will be furnished upon request.

(8)  The purpose of the design standards herein prescribed is to promote the orderly and safe movement in and out of private properties in such manner as will constitute a minimum of interference to through highway traffic, and to control the use of drainage structures and appurtenances as may be necessary to preserve the physical structure of the highway.

(9)  No permit may be issued under this chapter for construction of a highway or a private road or driveway that connects directly with a state trunk highway and that provides vehicular access to a land division, as defined in s. Trans 233.015 (4) , unless the land division was created before February 1, 1999 or the department, region office, as defined in s. Trans 233.015 (1r) , or reviewing municipality, as defined in s. Trans 233.015 (6m) , determines that the land division meets the requirements of ch. Trans 233 . If the department determines that a land division created after February 1, 1999, differs substantially from the land division shown on a land division map to which the department, region office or reviewing municipality certified no objection under ch. Trans 233 , any permit issued under this chapter for that land division is void and may be summarily canceled by written notice to the land owner and the private road or driveway shall be discontinued.