Wis. Admin. Code Department of Transportation Trans 201.14 - Sign removal

(1) DEFINITIONS. In this section:

(a) "Nontourist-oriented directional advertising sign" means any sign which is not covered by the definition in par. (b) or (c).

(b) "Tourist-oriented directional advertising sign" means any sign giving directional information related to any of the following types of businesses or activities:

1. Places of public lodging.

2. Places where food is served to the public on a regular basis.

3. Places where automotive fuel or emergency automotive repair services are regularly available to the public.

4. Educational institutions.

5. Places of religious worship.

6. Public or private recreation areas, including campgrounds, wildlife and waterfowl refuges, and nature trails.

7. Plays, concerts and fairs.

8. Antique and gift shops.

9. Agricultural products in a natural state, including vegetables and fruit.

(c) "Signs advertising products" means signs advertising only products.

(2) PRIORITIES.

(a) Nonconforming signs shall be removed or relocated in the order listed below:

1. First, signs advertising products of general availability in commercial channels.

2. Second, nontourist-oriented directional advertising signs.

3. Last, tourist-oriented directional advertising signs.

(b) The priority system shall be implemented on a region-by-region basis. The department shall coordinate the priority system program to accomplish an equitable statewide progression from one priority category to the next; provided that signs in par. (a) 3. may not be removed or relocated until all signs in par. (a) 1. and 2. are removed or relocated.

(3) SPECIAL CASES. Notwithstanding the general provisions in sub. (2):

(a) The priority system applies only to nonconforming signs. Top priority shall continue to be given to the removal of illegal and abandoned signs.

(b) Signs may be acquired regardless of priority category in hardship and other cases where acquisition of the signs is voluntarily negotiated between the sign owner and the department.

(c) The priority system does not apply to sign removals necessitated by a highway improvement project.

(d) The priority system does not apply to signs removed in accordance with a scenic easement or preservation project.

(e) If the removal or relocation of a sign is delayed because of a pending lawsuit or contested case under ch. 227, Stats., that sign shall not be considered in determining whether the removal or relocation of signs in a priority category has been completed.

(f) The priority system does not apply to sign removals necessary to maintain the state's eligibility for federal payments under the bonus program established by 23 USC 131(j) and 23 CFR 750.101- 750.110.

(4) REPORTS.

(a) The department shall make reports to the appropriate standing committees of the legislature at the completion of each priority category and before progressing from one priority category to the next, as provided in sub. (2) (b).

(b) The department shall make reports to the appropriate standing committees of the legislature on June 1 and November 1 of each year until all signs have been removed under s. 84.30, Stats.

(5) GENERAL PROVISIONS. The advertising message on signs may be changed so as to move a sign from one priority category to another; however, once an acquisition order for a sign project is approved by the department, signs covered by the order will be removed regardless of changes made in the advertising message after the acquisition order is approved.

Notes

Wis. Admin. Code Department of Transportation Trans 201.14

Cr. Register, January, 1977, No. 253, eff. 2-1-77; renum. from Hy 19.25 and am. (1) (a) and (b) (intro.), (2) (a) 2. and 3., (2) (b), (3) (b) and (e), (4) and (5), Register, July, 1980, No. 295, eff. 8-1-80; cr. (3) (f), Register, August, 1980, No. 296, eff. 9-1-80; correction in (2) (b) made under s. 13.92(4) (b) 6, Stats., Register February 2013 No. 686.