Wis. Admin. Code Department of Transportation § Trans 202.05 - Qualifications for scenic byway designation

(1) The majority of the route proposed as a Wisconsin scenic byway shall have scenic qualities or historicresources, which are unique to the route. Scenic qualities or characteristics shall be as continuous as possible throughout the corridor. The majority of historicresources shall be eligible for, or listed on the National Register of Historic Places, be numerous, be visible, and have a setting or character that is complimentary to the historicresources.

(2) The route shall be 30 miles in length at a minimum and, where feasible, connect to major highways at both ends of the route system.

(3)

(a) A proposed scenic byway route does not include a section of highway that traverses a business area unless the appropriate local government specifically includes the area in the proposed scenic byway route by means of a formal resolution. In unincorporated areas where county zoning is in effect, a resolution of the county board is also required. The proposed route shall be as continuous as possible.

(b) Each local government through which the Great River Road passes shall be given an opportunity to exclude business areas from the Great River Road Wisconsin scenic byway route. A request to exclude a business area shall be submitted to the department in writing, shall contain a map identifying the business area or business areas to be excluded and shall contain a copy of a resolution passed by the local government's governing body supporting the request. 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. A request under this paragraph shall be received by the department no later than 2 years from March 1, 2005.

(c) For purposes of this subsection, "business area" means any portion of a highway where there are contiguous abutting parcels of land zoned for business, industrial or commercial activities or unzoned and used for business, industrial or commercial activities as defined in s. 84.30(2) (d), Stats.

(4) Any of the following are not eligible for scenic byway designation:

(a) Interstate highways.

(b) Alleys.

(c) Bike paths, sidewalks, hiking trails, and footpaths.

(d) ATV and snowmobile trails, except that roadways designated as all-terrain vehicle routes, as defined in s. 23.33(1) (c), Stats., or snowmobile routes, as defined in s. 350.01(16), Stats., may be included in a scenic byway.

(e) Rusticroads designated under s. 83.42, Stats.

(f) Railroad rights of way.

(g) Any other facility not intended for use by motor vehicles.

(5) Scenic, historical, archeological, cultural, recreational and natural features and characteristics may be considered complimentary to the scenic features or historicresources of the proposed route. They may be documented and submitted as part of the application.

(6) The proposed route may not be scheduled or anticipated for major improvements that would significantly diminish its scenic characteristics. If there are scheduled or anticipated major improvements, the SBAC may consider the application after the improvements are made or after the improvements are well defined in approved plans.

Notes

Wis. Admin. Code Department of Transportation § Trans 202.05

CR 04-057: cr. Register February 2005 No. 590, eff. 3-1-05. Amended by, CR 16-045: am. (2), r. and recr. (4) Register October 2020 No. 778, eff. 11-1-20; correction in (4) (d) made under ss. 13.92(4) (b) 12. and 35.17, Stats., correction in (4) (e), (g) made under s. 35.17, Stats. Register October 2020 No. 778, eff. 11/1/2020