Section Trans 75.04 - Excessively disproportionate cost(1) WHEN FACILITIES ARE NOT REQUIRED. Notwithstanding s. Trans 75.02, bikeways and sidewalks are not required on any highway on which the cost of establishing bikeways or sidewalks would be excessively disproportionate to the need or probable use of the bikeways or sidewalks. Cost is excessively disproportionate to the need or probable use of the bikeways or sidewalks if it exceeds 20 percent of the estimated total project cost.(2) COSTS CONSIDERED. The cost of establishing a bikeway or sidewalk shall consider only the marginal cost of establishing any new or expanded bikeway or sidewalk and may not include any cost to reestablish any existing bikeway or sidewalk. Costs shall include only construction costs and the cost to acquire any real estate needed for a bikeway or sidewalk. Only 20 percent of the cost to acquire real estate needed for a bikeway or sidewalk shall be considered a cost of the bikeway or sidewalk if all of the following apply: (a) Existing right of way is sufficiently wide to establish the bikeway and sidewalk were the highway construction or reconstruction project to occur without any additional travel lane.(b) Additional real estate is needed to accommodate all needed travel lanes, bikeways and sidewalks. Note: For example, a highway reconstruction project may require a gravel shoulder of sufficient width. Paving the shoulders could establish a bikeway. The cost to establish the bikeway shall consider only the cost of paving the shoulder, not the cost of the gravel shoulder. If the shoulder is widened for the bikeway beyond that ordinarily required for the roadway, the excess shoulder costs shall be considered costs to establish the bikeway, in addition to the cost of repaving the entire shoulder.
(3) APPORTIONING MONEYS. If the sum of costs for both sidewalks and bikeways exceeds 20 percent of the estimated total project cost, but the costs for either sidewalks or bikeways is less than 20 percent of the estimated total project cost, the authority may give more consideration to the inclusion of sidewalks as required in s. Trans 75.02(2). The highway project shall include whichever of bikeways or sidewalks, or portions thereof, the authority, in consultation with the department, determines will provide the best value and costs 20 percent or less than the estimated total project costs. The highway project shall expend up to 20 percent of estimated total project costs on establishing sidewalks or bikeways or both. Note: Assume a highway reconstruction project requiring no additional real estate and having estimated total project costs of $1,500,000 where roadway construction costs $1,150,000, the cost to build or rebuild sidewalks on both sides is $250,000, the cost to build or rebuild bikeways on both sides is $100,000, and where:
1. Sidewalks already exist on both sides of the highway and no bikeways exist. In this example, the cost of establishing the sidewalks shall be considered to be zero, since the sidewalks are already established. The cost to establish both sidewalks and bikeways shall be considered to be $100,000, which represents 7 percent of estimated total project costs. Bikeways and sidewalks should be built on both sides of the highway.2. Sidewalk exists on only one side of that highway and no bikeways exist. In this example, the cost of establishing the sidewalks shall be considered to be $125,000, the cost to establish bikeways is $100,000, which together represents 15 percent of estimated total project costs. Bikeways and sidewalks should be built on both sides of the highway.3. Neither sidewalks nor bikeways exist. In this example, the cost to establish both sidewalks and bikeways is $350,000, which represents 23 percent of total project costs. In this case, expenditures to establish sidewalks and bikeways may be limited to $300,000, or 20 percent of total project costs.(4) DOCUMENTATION AND APPROVAL REQUIRED. Notwithstanding s. Trans 75.02(4), if an authority determines that bikeways and sidewalks are not required under this section, the authority shall submit to the department a written justification for the exception as part of any agreement concerning funding for the highway construction and reconstruction project from any appropriation of state or federal funds under s. 20.395 or 20.866, Stats. If the department receives a justification under this subsection, the department may approve the expenditure of moneys from any state or federal appropriation under s. 20.395 or 20.866, Stats., for the highway project only if the secretary of transportation, or the secretary's designee who has knowledge of the purpose and value of bicycle and pedestrian accommodations, finds that the exception under this subsection applies.Wis. Admin. Code Department of Transportation Trans 75.04
CR 10-082: cr. Register December 2010 No. 660, eff. 1-1-11.