Wis. Admin. Code Department of Transportation Trans 75.02 - When bikeways and sidewalks are required

(1) Except as provided in this chapter, the authority shall include bikeways and sidewalks in all new highway construction and reconstruction projects funded in whole or in part from state funds or federal funds appropriated under s. 20.395 or 20.866, Stats.

(2) In this chapter, sidewalks and bikeways shall be considered separately. If sidewalks and bikeways cannot both be accommodated, consideration shall be given to sidewalks before adding bikeways.

(3) Paths can be used to supplement on-road bicycle accommodations. In exceptional situations a path may substitute for on-road bicycle accommodations if the use is consistent with the department's Bicycle Facility Design Handbook and the department's Facilities Development Manual and the substitution is approved in writing by the secretary's designee who has knowledge of the purpose and design of bicycle and pedestrian accommodations. A path may be considered along a controlled access highway, as defined in s. 990.01(5r), Stats., having a speed limit of 45 miles per hour or higher.

Note: The Department's Bicycle Facility Design Handbook is available online at: http://www.dot.wisconsin.gov/projects/state/docs/bike-facility.pdf.The Facilities Development Manual is available online at:

http://roadwaystandards.dot.wi.gov/standards/fdm/index.htm.

(4) The department shall refuse to provide any state funds or federal funds appropriated under s. 20.395 or 20.866, Stats., for any highway construction or reconstruction project that does not include bikeways and sidewalks required under s. 84.01(35), Stats., and not excepted by this chapter. If an authority determines to omit any bikeway or sidewalk under this chapter, the department may request from the authority a written justification for the omission and shall deny state funds or federal funds appropriated under s. 20.395 or 20.866, Stats., for the project if the department determines the omission is not justified under this chapter.

(5) Notwithstanding sub. (1), bikeways and sidewalks are not required to be included in any highway construction or reconstruction project that is any of the following:

(a) Has a program level scoping document consistent with life cycle 11 of the department's Facilities Development Manual or, for projects undertaken by a local unit of government, a similar document as determined by the department, in place as of January 1, 2011.

Note: The Facilities Development Manual is available online at:

http://roadwaystandards.dot.wi.gov/standards/fdm/index.htm.

(b) Let for bid that is first advertised before January 1, 2011, or for projects for which no bid is advertised or undertaken under a contract signed before January 1, 2011.

(c) Described in a final environmental impact statement that is approved before January 1, 2011.

(d) Documented in an environmental report, as defined in s. Trans 400.04(10), completed before January 1, 2011, that fit the criteria or conditions for approval as a categorical exclusion in 23 CFR 771.117, April 1, 2000.

(e) The subject of a finding of no significant impact made under ch. Trans 400 before January 1, 2011.

Notes

Wis. Admin. Code Department of Transportation Trans 75.02

CR 10-082: cr. Register December 2010 No. 660, eff. 1-11-11.

This subsection does not supersede any federal law or policy relating to bicycle or pedestrian accommodations.