Wis. Admin. Code Trans § Trans 75.06

Current through December 30, 2024
Section Trans 75.06 - Absence of need
(1) In this section:
(a) "Average daily traffic" or "ADT" means the total traffic volume during a stated period divided by the number of days in that stated period.
(b) "Outlying district" means the territory contiguous to and including any highway within the corporate limits of a city or village where on each side of the highway within any 1,000 feet along such highway the buildings in use for business, industrial or residential purposes fronting thereon average more than 200 feet apart.
(c) "Rural area" means any area that is not an urban area or a semi urban district.
(d) "Semi urban district" means the territory contiguous to and including any highway where on either side of the highway within any 1,000 feet along such highway the buildings in use for business, industrial or residential purposes fronting thereon average not more than 200 feet apart or where the buildings in use for such purposes fronting on both sides of the highway considered collectively average not more than 200 feet apart.

Note: This will include most areas within small cities and villages that do not have a population large enough to be classified as an urban area.

(e) "Urban area" means any area which is an urbanized area or urban place, as determined by the department under 23 USC 101(a) and regulations adopted under 23 USC 101(a) and approved by the appropriate federal authority.
(2) An authority may not omit sidewalks under this section in any semi urban district and in any urban area that is not an outlying district. In semi urban districts and urban areas, an authority may not omit a bikeway under this section if the highway has at least 1,500 ADT in the design year.

Note: Maps of urban area boundaries shall be available for inspection at offices of the department and copies of the maps shall be provided at cost to anyone requesting them.

(3) Bikeways are not required in an outlying district or rural area if the highway that is the subject of the construction or reconstruction project has, or upon completion will have, less than 750 ADT and any of the following applies:
(a) The average bicycle traffic volume on the highway is or is expected to be less than 25 per day during the 10 most traveled days for bicycling of the year.
(b) The highway is not identified in part of a government bike transportation plan, in the Wisconsin Bicycle Transportation Plan or in any other bicycle plan endorsed by or supported by the department.

Note: The Wisconsin Bicycle Transportation Plan is available online at:

http://www.dot.wisconsin.gov/projects/state/bike2020.htm

(c) The highway does not provide a connection of one mile or less between any existing or planned bike route, as defined in s. 340.01(5m), Stats.
(d) The highway is not a short connection of one mile or less needed to connect an existing bikeway to the nearest local road.
(4) An authority may omit bikeways or sidewalks in any outlying district or rural area unless the authority determines, based on an official land use plan, that there will be significant development within the outlying district within the next 10 years. Use of a sidewalk in an outlying district or rural area is presumed to be too sparse to justify including sidewalks. An authority may omit bikeways from any highway that has less than 750 ADT in the design year, but shall consider establishing a bikeway that will do any of the following:
(a) Complete a gap of one mile or less in an otherwise continuous bike route.
(b) Make a connection of not more than 3 miles from communities or urban areas to a town or county roadway network, excluding any dead end roadway.
(5) If an authority considers omitting a bikeway or sidewalk under this section, the authority shall consider changing patterns of use during the design life of the highway project. If the authority expects bikeway or sidewalk use to increase over the design life of the highway project, the authority shall give greater weight to use projected for the second half of the design life than for the first half of the design life. In this subsection, the "design life" is 20 years for a roadway, 75 years for a bridge.

Wis. Admin. Code Department of Transportation Trans 75.06

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