Section 231.02. Permit requirements.

  In making application for a permit the applicant agrees to the following conditions:

(1)  That he or she represents all parties in interest, and that any driveway or approach constructed by the applicant is for the bona fide purpose of securing access to his or her property and not for the purpose of parking or servicing vehicles, or for advertising, storage, or merchandising of goods on the highway right of way.

(2)  That the permittee shall furnish all materials, do all work, and pay all costs in connection with the construction of the driveway and its appurtenances on the right of way. Materials used and type and character of work shall be suitable and appropriate for its intended purpose, and the type of construction shall be as designated and subject to approval of the department. The permittee shall make the installation without jeopardy to or interference with traffic using the highway. Highway surfaces, shoulders, ditches and vegetation disturbed shall be restored to equivalent of original condition by the permittee.

(3)  That no revisions or additions shall be made to the driveway or its appurtenances on the right of way without the written permission of the department.

(4)  The department reserves the right to make such changes, additions, repairs and relocations within statutory limits to the driveway or its appurtenances on the right of way as may at any time be considered necessary to permit the relocation, reconstruction, widening, and maintaining of the highway or to provide proper protection to life and property on or adjacent to the highway.

(5)  That the permittee, successors or assigns, agree to hold harmless the state of Wisconsin and its duly appointed agents and employees against any action for personal injury or property damage sustained by reason of the exercise of the permit.

(6)  The department does not assume any responsibility for the removal or clearance of snow, ice or sleet, or the opening of windrows of such material, upon any portion of any driveway or entrance along any state highway even though snow, ice or sleet is deposited or windrowed on the driveway or entrance by its authorized representatives engaged in normal winter maintenance operations.

History: 1-2-56 ; am. (2), (3), (4) and (6), Register, January, 2001, No. 541 , eff. 2-1-01; corrections in (1) and (5) made under s. 13.93 (2m) (b) 5., Stats., Register, January, 2001, No. 541 ; correction in (1) made under s. 35.17, Stats., Register March 2012 No. 675 .