Wis. Admin. Code Department of Transportation § Trans 201.035 - Annual sign fees

(1) SIGN IDENTIFIER. The department shall assign a unique identifier to each off-property sign in the state of Wisconsin. The identifier shall be assigned to a sign upon any of the following occurrences:

(a) Approval of a permit to erect the sign.

(b) First payment of an annual fee for a sign erected before May 1, 2001.

(c) Addition of the sign to the sign database of signs maintained by the department.

(2) DATABASE OF SIGN OWNERS. The department shall maintain a sign database to track the name and address of the owner of each sign, and such other information related to the sign as the department considers appropriate.

Note: The department shall use the address of record in this database for correspondence with a sign owner.

(3) CHANGE OF SIGN OWNERSHIP. Any person who acquires a sign shall provide the department with a notice containing all of the following information for the sign:

(a) The unique identifier assigned to the sign by the department.

(b) The name, address and telephone number of the person from whom the sign was acquired and the name of the person acquiring the sign.

(c) The location of the sign, listing the name of the primary or interstate highway to which it is adjacent, the county and town in which the sign stands, the section number of the township in which the sign is located, the name, address and telephone number of the person owning the real property upon which the sign is located, and the distance of the sign from the centerline of the nearest crossroad or intersection.

(d) The size of the sign measured in accordance with s. 84.30(4) (a) 2, Stats. If the sign shape is not rectangular, a drawing showing the dimensions of the various triangles, circles, rectangles, and squares encompassing the entire sign shall be provided.

(e) The height above ground level of the bottom edge of the sign face or any border or trim to the sign face.

(4) ANNUAL FEE NOTICE. The department shall mail an annual fee notice to the owner of record with the department of every off-premises sign within the state of Wisconsin that is subject to the requirement of paying a fee under sub. (9). All annual fee notices shall be considered delivered upon mailing to the owner of record indicated in the department's database of sign owners as of the first day of the month in which the notices are mailed. Annual fee notices may include a summary of information related to one or more signs and require owners to update or correct information at the time of paying any required fee. The department may require owners of signs not subject to the fee requirement of sub. (9) to update or correct information from a summary of information with respect to any sign.

(5) DUE DATE. Payment of annual permit fees and responses to information requests are due 60 days from the date of mailing of notices by the department, or on such other date as indicated in the fee notice.

(6) NONCONFORMING SIGNS. Nonconforming signs for which the annual fee is not paid within 60 days of the due date shall be removed as abandoned signs. Payment of an annual fee may not be considered in determining whether a sign is subject to removal under the federal highway beautification act, the regulations promulgated thereunder, or s. Trans 201.10.

Note: See s. 84.30(10m), Stats.

(7) PERMITTED SIGNS. The permit for a sign shall expire upon the due date for payment unless the annual fee for the sign has been paid. Signs with expired permits are subject to removal 60 days from the due date specified in the notice. The department shall notify a sign owner that a sign is subject to removal under this section in accordance with s. 84.30(11), Stats. The department may not issue a permit within any minimum required spacing limitations under ss. 84.30(4) (c), Stats., s. Trans 201.05(2) (d) or 201.06, of a sign with an expired permit until and unless that sign is removed.

(8) REFUNDS. Permit fees are non-refundable and may not be prorated.

(9) FEE SCHEDULE. Permit fees shall be assessed as follows:

(a) Except as provided in par. (b), no annual fee may be assessed for any of the following:

1. On-premises signs.

2. Official signs and notices as defined in s. Trans 201.05(1) (d).

3. Public utility signs as defined in s. Trans 201.05(1) (e).

4. Public service signs as defined in s. Trans 201.05(1) (g).

5. Political signs as defined in s. Trans 201.16(1), if exempt from permit requirements under s. Trans 201.16(2).

6. Real estate signs as defined in s. Trans 201.17(1) if exempt from permit requirements under s. Trans 201.17(3).

7. Farm signs as defined in s. Trans 201.18(1) (b) if exempt from permit requirements under s. Trans 201.18(2).

8. Agricultural test plot signs as defined in s. Trans 201.18(1) (a) if exempt from permit requirements under s. Trans 201.18(3).

9. Signs of 8 square feet or less in area.

Note: Service club and religious notices are limited to 8 square feet or less by s. Trans 201.05(1) (f).

(b) Nonconforming, grandfathered and directional signs as defined in s. Trans 201.05(1) (c), shall be assessed an annual fee of $50 per sign.

(c) Except as provided in pars. (a) and (b), all off-property signs shall be assessed an annual fee of $35 per sign.

(10) APPEAL OF ANNUAL ASSESSMENT FEE.

(a) Any person may appeal the assessment of an annual fee under sub. (9) by mailing a notice of appeal to the address provided on the notice of fee assessment within 15 days of the date the assessment is mailed.

(b) A notice of appeal shall particularly state all of the following:

1. The error or mistake alleged by appellant in the fee calculation made by the department.

2. Whether appellant contends the sign is an on-premises sign, official sign or notice, religious notice, service club notice, public utility sign, public service sign, farm sign, agricultural test plot sign, real estate sign, directional sign, nonconforming sign, grandfathered sign or other category of sign.

3. The exact size of the sign, measured in accordance with sub. (3) (d).

(c) Payment in the amount of the annual fee assessed by the department shall be included with a notice of appeal. The department shall hold the payment in trust pending the outcome of the appeal.

(d) Upon receipt of a notice of appeal with the required fee, the department shall investigate the matter and, if appropriate, amend the annual fee assessment for the sign and return any balance due appellant from the fees deposited under par. (c) or impose any additional assessment required.

(e) Appeals of decisions issued under par. (d) may be made to the department of administration, division of hearings and appeals within 15 days of the date the decision is mailed to the appellant.

Notes

Wis. Admin. Code Department of Transportation § Trans 201.035

Cr. Register, April, 2001, No. 544, eff. 5-1-01.