Wis. Admin. Code Department of Transportation Trans 201.20 - Local certification
(1) PURPOSE. The purpose of this section is
to set out the standards employed by the department in making determinations of
customary use under s.
84.30(4)
(intro.), Stats., which are used for certifying local sign control ordinances
to the federal highway administration under
23 USC
131(d).
(2) APPLICABILITY. This section applies to
local certification applications filed by counties, cities, villages or towns
after August 1, 1983, and to applications for the re-certification of
previously certified ordinances filed after that date.
(3) DEFINITION. "Local certification" means
the department's acceptance, under s.
84.30(4)
(intro.), Stats., of a local zoning authority's determination of customary use
as to the size, lighting and spacing of outdoor advertising signs in the zoned
commercial or industrial areas of the locality.
(4) INVENTORY. An application for local
certification must include a copy of the local zoning ordinance and an
inventory of all existing signs within the area to be certified.
(5) ORDINANCE. The local determination of
customary use shall be in the form of an ordinance. The department shall accept
for certification an ordinance that meets the other requirements of this
section, that includes provisions ensuring effective enforcement and that
conforms to and complies with the following:
(a) The local zoning authority's controls
shall include the regulation of size, of lighting and of spacing of signs, in
all commercial and industrial zones.
(b) Unless a Wisconsin statute or
administrative rule requires otherwise, the local zoning authority's controls
may be either more or less restrictive than the appropriate controls set forth
in the agreement in effect between the department and the secretary of
transportation of the United States entered pursuant to s.
84.30(12),
Stats.
(c) If a local zoning
authority has extraterritorial zoning jurisdiction under s.
62.23(7a),
Stats., and exercises control of signs in commercial and in industrial zones
within this extraterritorial zoning jurisdiction, sign control by that local
zoning authority may be accepted in lieu of the otherwise applicable control
within the extraterritorial zoning jurisdiction.
(d) The department shall notify the federal
highway administration in writing of those zoning jurisdictions wherein a local
zoning authority's controls apply and shall periodically assure itself that the
size, lighting and spacing control provisions of each applicable local zoning
ordinance certified under this section are actually being enforced by the
appropriate local zoning authority.
(e) Nothing in this section shall diminish
the department's authority or relieve the department from responsibility to
limit signs within controlled areas of commercial and industrial zones.
Note: Each of the provisions in sub. (5) (a) to (e) are based upon the provisions of 23 CFR 750.706(c).
(6) NONCONFORMING
SIGNS. The ordinance shall commit the local government to pay the full costs of
removing any signs erected after local certification is granted which acquire
nonconforming status under state law. This shall include any liability of the
state or federal government under s. 84.30(6), Stats., or
23 USC
131(g). The department shall
require a bond or insurance policy to cover this commitment as a condition of
local certification.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.