Wis. Admin. Code Rustic Roads Board Trans-RR 1.05 - Application procedures

(1) For a road to be designated a rustic road, a petition from 6 or more resident freeholders of the municipality in which the road is located, or a petition from a majority of the resident freeholders along the road, shall be presented to the governing body of the municipality in which the road is located. The process may also be initiated without petitions by a resolution of the governing body of the municipality in which the road is located. Upon such a petition or resolution, the governing body of the municipality may hold a public hearing on the proposed rustic road designation. If such a hearing is held, it shall be held in accordance with ss. 19.83 and 19.84, Stats., and any applicable local ordinances.

(2) Upon its final approval, the governing body of the municipality shall determine whether a jurisdictional change is desired. If so, the governing body of the municipality shall petition the county highway committee for approval of the rustic road designation and approval of the transfer of jurisdiction of the road to the county. If the county highway committee approves the jurisdictional transfer and the rustic road designation, the county highway committee shall petition the board for its approval. If no transfer of jurisdiction is desired, the governing body of the municipality shall petition directly to the board for its approval of the rustic road designation.

(3)

(a) Rustic road designation of a road under county jurisdiction shall follow a procedure similar to the above, whereby initiation of the rustic road designation process shall be by county highway committee resolution, or by a petition from 6 or more resident freeholders of the county, or by a petition from a majority of the resident freeholders along the subject road. The county highway committee may hold a public hearing on the proposed rustic road designation. If such a hearing is held, it shall be held in accordance with ss. 19.83 and 19.84, Stats., and any applicable local ordinances.

(b) If a transfer of jurisdiction is desired, the governing body of the municipality assuming jurisdiction, as well as the county highway committee, shall approve the transfer and the rustic road designation.

(c) Any change in the designation of a county trunk highway, whether it be transferred to a municipality or changed to an "other road under county jurisdiction," requires the approval of the department. Upon departmental approval, the governing body of the municipality assuming the jurisdiction of the rustic road shall petition the board for approval of the rustic road designation.

(d) If no transfer of jurisdiction is desired, the county highway committee shall petition the board for approval of the rustic road designation.

(4) Before its approval, the board shall provide final review as to the subject road's qualifications for designation. In its review, the board may require photos or slides describing the rustic qualities of the road or a personal inspection by one or more members of the board.

(5) Additionally, before its approval for designation is granted, the board, in accordance with s. 83.42(5), Stats., shall ensure that a road under joint jurisdiction of 2 or more municipalities, or a municipality and a county, or 2 or more counties, has had the approval of the governing bodies of all affected governmental units having jurisdiction over the subject road.

Notes

Wis. Admin. Code Rustic Roads Board Trans-RR 1.05

Cr. Register, May, 1981, No. 305, eff. 6-1-81. Amended by, correction in (5) (Note) made under s. 13.92(4) (b) 7, Stats., Register December 2018 No. 756, eff. 1/1/2019

See s. 83.025(1), 83.42(3), Stats.