WDOT Administrative Rule 233 (Trans 233)

Effective February 1, 1999, the State of Wisconsin revised Trans 233 and called for the Wisconsin Department of Transportation (WDOT) to begin to strictly enforce the rule, which concerns the division of lands abutting a state trunk highway1 or connecting highway.2 Under the revised Trans 233, all divisions of such land will be subject to WDOT review.

These rules do not apply to all of the undeveloped land within the state trunk highway system, as zoning regulations might; rather, they apply only to land divisions. Preliminary and final subdivision plat review shall occur by the WDOT. The divider must submit a formal request for WDOT review for certification along with the land division map and departmental review fee. The following basic principles will be considered when the WDOT reviews a land division for conformance to Trans 233.

Land Access3

 

  • Unless a variance is obtained from the WDOT, land dividers must divide land so that a private road or driveway does not connect with a state trunk highway or connecting highway or with any service road lying partially within the right-of-way of a state trunk highway or connecting highway.

     

  • The WDOT may require that a desirable traffic access pattern be established between a state trunk highway or connecting highway and unplatted lands abutting the proposed land division. Additionally, it may require a recordable covenant running with the land with respect to those unplatted lands.

Setback Area4

 

  • No person may erect, install, or maintain any structure or improvement within a setback area, as determined by Trans 233.08(2).

     

  • If any portion of a service road right-of-way lies within the setback area, the setback area shall be increased by an amount determined by Trans 233.08(3).

     

  • A public utility may erect, install, or maintain a utility facility within a setback area.

     

  • Land division maps are required to show and clearly label the boundary of a highway setback area and must clearly show existing structures and improvements lying within the setback area.

Noise, Vision Corners, and Drainage5

 

  • The land divider shall be responsible for any noise barriers for noise abatement from existing state trunk highways or connecting highways if required under state law.6

     

  • The WDOT may require the owner to dedicate land or grant an easement for vision corners at the intersection of a highway with a state trunk highway or connecting highway. If this is required, no structure or improvement of any kind is permitted within the designated vision corner nor vegetation exceeding 30 inches in height.

     

  • The owner of land that directly or indirectly discharges stormwater upon a state trunk highway or connecting highway must submit to the WDOT a drainage analysis.

Variances7

 

  • Variances may be given in cases in which the literal application of the law would result in practical difficulty or unnecessary hardship or would defeat an orderly overall development plan of a local unit of government.

1. A "state trunk highway" is defined as "a highway that is part of the State Trunk Highway System," which includes "State numbered routes, federal numbered highways, the Great River Road and the Interstate System." See Note to Trans 233.01.
2. A connecting highway is defined as a non-state trunk highway that is "a marked route of the State Trunk Highway System over the streets and highways in municipalities that the Department has designated as connecting highways." See Note to Trans 233.01.
3. Trans 233.05.
4. Trans 233.08.
5. Trans 233.105.
6. See Trans 405.
7. Trans 233.11.

© ATG atgc0899vol23

 

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