Wisconsin Administrative Code Trans 233 and Wisconsin Statute s. 86.074 (2023 Act 157) define the requirements that must be met when subdividing lands abutting the state highway system. WisDOT is responsible to enforce these laws to preserve traffic flow, enhance public safety, and ensure proper highway setbacks and storm water drainage.
Who does this affect?
The rule and statute apply to landowners who intend to divide land abutting a state highway into five or more lots that are each 1.5 acres or less in size within a 5-year period. State highways are all numbered highways including interstate, U.S. and state highways as shown by the signs on the right.
When to contact WisDOT?
Landowners should contact
WisDOT's subdivision (Trans 233) staff as soon as they know how they want to divide their property. Before landowners expend funds on engineering or incur other related costs, WisDOT staff can conduct an informal "conceptual review." This review gives landowners an opportunity to provide input on how and where the safest location is to access the state highway system. Once a "final map" is developed to create the new lots, WisDOT staff will review the final map for Trans 233 and s. 86.074 conformance. WisDOT staff can also connect landowners to the state Department of Administration (DOA), which also reviews subdivision plats.
How long does WisDOT’s review process take?
WisDOT has 20 days to review a subdivision proposal. If the subdivision conforms to Trans 233 and s. 86.074, WisDOT issues a letter of certification. If the subdivision does not meet these legal requirements, an objection letter is issued explaining what parts of the rule and/or statute are not being met.
What are the major components of Trans 233 and s. 86.074?
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Review. WisDOT reviews all subdivision plats abutting state highways for conformance. Along with state highway system segments in rural areas, the rule also applies to segments that extend through a village or city. A "conceptual review" can provide landowners early feedback on a subdivision proposal. Once a final map is provided, WisDOT has 20 days to complete its review. Download a WisDOT subdivision review request form
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Access. Direct access to the state highway system from newly created lots is generally not permitted. The owner should determine alternative ways to provide access to the property. The preferred option is for the property to take access off an alternative street. New public streets created by a subdivision are the next preferred alternative. Some developments may require a special traffic study.
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Drainage. Drainage is evaluated to help ensure that storm water flowing from a new development does not damage a highway or its shoulders. It is advisable to discuss drainage issues with WisDOT regional office staff before submitting a subdivision for review.
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Vision corners. Vision corners are triangular areas at intersections in which structures, improvements and landscaping are restricted because they can block the ability of motorists to see oncoming vehicles. Vision corners may be required when a permit is obtained or possibly sooner.
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Setback. Setbacks are areas abutting a state highway in which structures and improvements cannot be constructed without a Special Exception Permit. In general, setbacks are not more than 50 feet from the right-of-way line.
Special Exceptions
Under s. 86.074, anyone impacted by a highway setback may apply for a Special Exception Permit to allow the construction or placement of structures and improvements within the setback area.
s.86.074(1)… ‘Improvement’ means any permanent addition to or betterment of real property that involves the expenditure of labor or money to make the property more useful or valuable. ‘Improvement’ includes parking lots, parallel driveways, surface or sub-surface utility structures, storm water facilities, loading docks, in-ground swimming pools, wells, septic systems, retaining walls, signs, buildings, building appendages such as porches, and drainage facilities. ‘Improvement’ does not include terraces, patios, landscaping, or open fences.”
To apply for a Special Exception Permit, download the Special Exception Request
form, and submit it to the
Subdivision Plat Reviewer at the corresponding WisDOT regional office.
If WisDOT approves the Special Exception Permit, the property owner must sign a Waiver of Damages. This document is drafted by WisDOT, and states that the owner waives any claim or right to compensation related to any structure or improvement constructed or placed in the highway setback area if any portion of the highway setback area is used for highway purposes within 20 years of the date of issuance of the Special Exception Permit. Once the Waiver is recorded, the Special Exception Permit is granted.
If the WisDOT regional office denies the Special Exception Permit, the property owner has the right to appeal this decision within 30 days to the WisDOT Central Office Access Management Engineer. If it is again denied, the property owner has the right within 30 days to appeal that decision to a hearing before the Division of Hearings and Appeals. The Division of Hearings and Appeals is given 60 days to hold a hearing after receiving the request.
What happens if WisDOT doesn't review my subdivision proposal?
If a subdivision is not reviewed by WisDOT and is subsequently recorded, a landowner will not receive a driveway or any other state highway related permit. For example, WisDOT cannot issue a utility permit for an uncertified subdivision. Utility companies must obtain a WisDOT permit before doing any work on state highway right-of-way. It may not be possible to provide utility service to a property if the service must come from lines on the state highway right-of-way. The subdivision and property must comply with Trans 233 and s. 86.074 before a permit is issued.
Landowners may be exposed to liability for drainage damage to the state highway or damage to their own property or a neighbor's property from unanticipated diversion or retention of surface water. There can be other adverse consequences relating to financing, property values, safely entering or exiting from the state highway, and the overall public interest and investment in the state highway.
Land division and subdivision background information
Review this
document provided by UW-Extension for additional information on this topic.
Questions?
If you have questions and/or need additional information about subdivisions, Trans 233 or s. 86.074, contact:
Michael Roach
(608) 266-2372
michael.roach@dot.wi.gov
or
Steve Sydow
(715) 836-3912
stephen.sydow@dot.wi.gov