Wisconsin Code § 84.013

Highway projects
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(1) In this section:
(a) “Major highway project” means a project, except a project
providing an approach to a bridge over a river that forms a boundary of the state, a high-cost state highway bridge project under s.
84.017, or a southeast Wisconsin freeway megaproject under s.
84.0145, that satisfies any of the following:
1m. The project has a total cost of more than $30,000,000,
subject to adjustment under sub. (2m), and involves any of the
following:
a. Constructing a new highway 2.5 miles or more in length.
b. Reconstructing or reconditioning an existing highway by
either relocating 2.5 miles or more of the existing highway or
adding one or more lanes 5 miles or more in length to the existing
highway.
c. Improving to freeway standards 10 miles or more of an existing divided highway having 2 or more lanes in either direction.
2m. The project has a total cost of more than $75,000,000,
subject to adjustment under sub. (2m), and is not described in
subd. 1m.
(b) “Reconditioning” means work in addition to resurfacing.
“Minor reconditioning” includes pavement widening and shoulder paving. “Major reconditioning” includes improvement of an
isolated grade, curve, intersection or sight distance problem to
improve safety. Major reconditioning projects may require additional property acquisition.
(c) “Reconstruction” means total rebuilding of an existing
highway to improve maintainability, safety, geometrics and traffic service. It is accomplished basically on existing alignment,
and major elements may include flattening of hills and grades,
improvement of curves, widening of the roadbed, and elimination
or shielding of roadside obstacles. Normally reconstruction will
require additional property acquisition.
(d) “Resurfacing” means placing a new surface on an existing
highway to provide a better all-weather surface and a better riding
surface, and to extend or renew the pavement life. It generally involves no improvement in capacity or geometrics. Resurfacing
may include some elimination or shielding of roadside obstacles,
culvert replacements, signals, marking, signing and intersection
improvements. Usually no additional property acquisition is required; except possible minor acquisition for drainage and intersection improvements.
(2) (a) Subject to ss. 84.014 (6) (b), 84.555, and 86.255, major highway projects shall be funded from the appropriations under ss. 20.395 (3) (bq) to (bx) and (ct) and (4) (jq) and 20.866 (2)
(ur) to (uum), (uus), and (uuu).
(b) Except as provided in ss. 84.017 and 84.555, and subject
to ss. 84.014 (6) (c) and 86.255, reconditioning, reconstruction
and resurfacing of highways shall be funded from the appropriations under ss. 20.395 (3) (cq) to (cx) and 20.866 (2) (uur), (uut),
and (uuu).
(2m) The department shall annually adjust the amounts specified in sub. (1) (a) 1m. and 2m. to reflect the annual change in
the Wisconsin Department of Transportation Construction Cost
Index, Yearly Moving Average, as maintained by the department
or, if at any time the department no longer maintains this index,
another suitable index as determined by the department. Beginning in 2012, prior to October 1 of each year, the department shall
compute the annual adjustment required under this subsection
and shall publish the new adjusted amount applicable under sub.
(1) (a) 1m. and 2m., which amount shall become effective on October 1 of that year. The department may not adjust the amounts

specified in sub. (1) (a) 1m. and 2m. to an amount less than that
specified in sub. (1) (a) 1m. and 2m.
(3) The department may proceed with construction of the following major highway projects:
(ab) STH 11 extending approximately 7.6 miles from west of
Burlington to STH 36/83 east of Burlington, designated as the
Burlington bypass, in Walworth and Racine counties.
(ac) USH 12 extending approximately 11.6 miles from the
junction of USH 12 and I 90/94 to approximately 0.75 miles
south of Ski Hi Road in Sauk County.
(ad) Notwithstanding s. 13.489 (4) (c), any project approved
by the transportation projects commission under s. 13.489 (4m)
(b).
(ae) USH 53 extending approximately 6.2 miles between I 90
and USH 14/61 near 7th Street in La Crosse, La Crosse County.
(af) I 43 extending approximately 14.3 miles between Silver
Spring Drive in the city of Glendale and STH 60 in the village of
Grafton, in Milwaukee and Ozaukee counties.
(ag) STH 57 extending approximately 17.3 miles from the
junction of STH 57 with CTH “A” to STH 42 in Kewaunee and
Door counties.
(b) I 41 extending approximately 23 miles between STH 96 in
the town of Grand Chute and CTH “F” in the town of Lawrence,
in Brown and Outagamie counties, including all interchanges,
and including work on local roads as necessary for the completion of the project.
(bd) I 39/90 extending approximately 45 miles from USH
12/18 in Dane County to the Illinois-Wisconsin state line in Rock
County.
(be) I 39/90/94 extending approximately 67 miles in Dane,
Columbia, Sauk, and Juneau counties from USH 12/18 in Madison to USH 12/STH 16 in Wisconsin Dells, including I 39 from I
90/94 to Levee Road near the city of Portage, and including all interchanges and work on adjacent roadways necessary for the completion of the project.
(bp) USH 10 and USH 10/STH 441 extending approximately
5 miles from CTH “CB” in Winnebago County to Oneida Street
in Calumet County.
(bt) STH 15 extending approximately 11 miles from STH 76
to USH 45, near New London, in Outagamie County.
(pm) STH 26 extending approximately 48 miles between I 90
in Janesville and STH 60 north of Watertown in Rock, Jefferson,
and Dodge counties.
(ps) I 39/USH 51 extending approximately 8 miles from south
of Fox Glove Road to north of Bridge Street, designated as the
Wausau beltline, in Marathon County.
(ra) STH 23 between STH 67 and USH 41 in Sheboygan and
Fond du Lac counties.
(re) USH 12 extending approximately 18.2 miles between the
USH 12/14 interchange area in Middleton and STH 60 in Dane
and Sauk counties.
(xb) USH 151 between the south interchange with STH 73
south of Columbus and USH 41 at Fond du Lac.
(ye) USH 10 between Appleton and Marshfield, in Winnebago, Outagamie, Waupaca, Portage and Wood counties.
(zb) USH 41 extending from 1.5 miles south of Frog Pond
Road in Oconto County to 1.3 miles north of Schacht Road in
Marinette County.
(zh) USH 18 from Main Street in the city of Prairie du Chien
to STH 60 in the town of Bridgeport in Crawford County.
(zp) USH 41 from 0.5 miles south of STH 26 to 0.5 miles
north of Breezewood Lane in the city of Neenah in Winnebago
County.
(zt) USH 41 from Orange Lane in the town of Lawrence, one
mile south of CTH “F” to CTH “M” in Brown County.
(3m) (c) The department shall complete the design work for
any major highway project involving STH 57 between CTH “A”
near Dyckesville and STH 42 in Kewaunee and Door counties by
December 31, 2003.
(d) If the department reconstructs any part of STH 78 located
in the village of Merrimac in Sauk County and requires water and
sewer utilities lying beneath this reconstructed part of STH 78 to
be relocated to a lower depth, the department shall pay 75 percent
of the cost of relocating these water and sewer utilities.
(e) The department shall begin the major highway project
enumerated under sub. (3) (ra) no later than July 1, 2009.
(f) The department shall construct an interchange on I
90/94/39 at Cuba Valley Road in Dane County if the federal highway administration approves the location of an interchange at that
location and if the department receives a commitment for funding
the full construction cost of the project from sources other than
state funds.
(g) The department shall begin construction of the following
projects no later than December 31, 2015:
1. A grade-separated interchange at CTH “V” and USH 151
in Fond du Lac County.
2. A grade-separated crossing of CTH “T” over USH 151 in
Fond du Lac County.
(i) In conjunction with the resurfacing project on STH 102,
the department shall construct a bicycle and pedestrian path and
bridge, including lighting, along STH 102 from State Road to
Fayette Avenue in the village of Rib Lake in Taylor County if the
village contributes at least $60,000 to the cost of the bicycle and
pedestrian path project.
(k) Notwithstanding s. 13.489 (1m) (e), the department shall,
in the 2013-15 fiscal biennium, commence the preparation of an
environmental impact statement, as defined in s. 13.489 (1c) (b),
for a proposed major highway project involving USH 12 from the
city of Elkhorn to the city of Whitewater.
(4) (a) Subject to s. 13.489 (1m), in preparation for future
major highway projects, the department may perform engineering
and design work and studies for possible major highway projects
not listed under sub. (3), but no major highway may be constructed unless the project is listed under sub. (3) or approved under sub. (6).
(b) The department may not, within any 6-year period, construct a highway project consisting of separate contiguous
projects which do not individually qualify as major highway
projects but which in their entirety would constitute a major highway project without first submitting the project to the transportation projects commission for its recommendations and report and
without specific authorization under sub. (3), except as provided
in par. (c) and sub. (6).
(c) The department may construct highway projects involving
STH 59 between STH 164 on the eastern edge of the city of
Waukesha and Calhoun Road in Waukesha County and STH 59
from Calhoun Road to the Waukesha County line in Waukesha
County without first submitting the projects to the transportation
projects commission for its recommendations and report and
without specific authorization under sub. (3).
(5) Commencing with the 1985-87 biennial budget bill and
biennially thereafter, the department shall request adjustments to
the list of major highway projects under sub. (3) as listed projects
are completed, projects are approved under sub. (6) and new
projects are ready for construction. The department shall submit
the proposed biennial adjustments for major highway projects to

the transportation projects commission for review and recommendation as provided under s. 13.489.
(6) If following the enactment of the biennial budget bill the
department determines that a highway project which was initially
planned or designed as a reconditioning, reconstruction or resurfacing project is a major highway project and is ready for construction, the department shall submit the proposal for the specific project to the transportation projects commission for review
and recommendation as provided under s. 13.489. After the
transportation projects commission has submitted its report on
the project, the department may request approval of the specific
project as a major highway project from the joint committee on finance. If the joint committee on finance approves the project, the
committee shall make such transfer of funds among the highway
appropriations as deemed necessary and the department may proceed with construction.
(6m) Notwithstanding sub. (1) (a), if a highway improvement
project within the corporate limits of a city, village or town has a
cost of more than $2,000,000, the city, village or town may, by
resolution, petition the transportation projects commission to
designate the project as a major highway project. This subsection
does not apply to a highway improvement project on a freeway
within the corporate limits of a city, village or town. The department may not construct a highway improvement project designated as a major highway project by the transportation projects
commission under this subsection without specific authorization
under sub. (3).
(9) If the department determines that a business development
having a payroll exceeding $10,000,000 in a calendar year is being located within a 3-mile radius of the intersection of I 90 and
Town Line Road in Rock County, the department shall construct
an interchange funded from the appropriations under s. 20.395
(3) (cq) to (cx) off of I 90 to Town Line Road.

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