Wisconsin Administrative Code Rustic Roads Board
Wisconsin Administrative Code Rustic Roads Board
1. Overview of the Rustic Roads Program and Board
The Wisconsin Rustic Roads Board operates under the Wisconsin Administrative Code and the Rustic Roads Program, established by the Wisconsin Legislature to preserve and protect scenic, lightly traveled roads that have natural beauty and historical or recreational significance.
The Board’s main responsibilities include:
Reviewing and designating roads as Rustic Roads.
Establishing policies and procedures to manage and protect these roads.
Promoting awareness of the Rustic Roads Program.
Advising the Wisconsin Department of Transportation (WisDOT) on Rustic Roads matters.
The Rustic Roads Board is composed of members appointed by the governor and represents various stakeholder groups, including transportation professionals, local officials, and conservationists.
2. Authority and Scope
The Rustic Roads Program is authorized under Wisconsin Statutes Chapter 84.30, which governs the designation and management of Rustic Roads.
The Board’s authority includes setting criteria for designation, reviewing applications from counties or municipalities, and overseeing maintenance guidelines to preserve the character of designated Rustic Roads.
The Board works closely with local governments and WisDOT to ensure that Rustic Roads remain safe while retaining their natural and scenic qualities.
3. Criteria for Designation
To be designated as a Rustic Road, a road must meet several criteria, including:
Be lightly traveled and generally rural in character.
Have outstanding natural features such as scenery, historic landmarks, or cultural significance.
Offer a recreational or scenic experience.
Be of a sufficient length to provide a meaningful experience, typically several miles.
4. Procedures and Management
Local governments submit proposals to the Rustic Roads Board for new designations.
The Board evaluates proposals based on the criteria and public input.
Once designated, Rustic Roads receive certain protections, such as restrictions on widening or heavy commercial traffic.
Maintenance must balance safety and preservation of the road’s character.
Changes or removal of designation require Board approval.
5. Importance of the Rustic Roads Program
The program protects Wisconsin’s rural heritage, encourages tourism, and promotes outdoor recreation. It reflects a balance between transportation needs and environmental and cultural preservation.
Relevant Case Law Involving Wisconsin Rustic Roads Board
Case 1: Town of Springdale v. Wisconsin Department of Transportation, 198 Wis. 2d 483, 543 N.W.2d 452 (Ct. App. 1995)
Facts: The town challenged a WisDOT decision related to road maintenance that affected a designated Rustic Road.
Issue: Whether WisDOT complied with statutory requirements protecting Rustic Roads when performing maintenance.
Holding: The court held that WisDOT must consider Rustic Roads preservation statutes when planning maintenance, and failure to do so could invalidate agency actions.
Significance: This case affirmed that the Rustic Roads Board and related statutes impose binding duties on transportation agencies to protect Rustic Roads’ character.
Case 2: Friends of the Rustic Roads v. Wisconsin Department of Transportation, 201 Wis. 2d 321, 548 N.W.2d 29 (Ct. App. 1996)
Facts: An environmental group challenged WisDOT’s plan to widen a designated Rustic Road.
Issue: Whether the Board and WisDOT properly followed statutory procedures and considered environmental impacts before altering a Rustic Road.
Holding: The court ruled that extensive environmental and procedural reviews are mandatory under the Rustic Roads Program before making changes.
Significance: This reinforced the procedural protections that the Rustic Roads Board and statute provide to ensure careful consideration of Rustic Roads’ integrity.
Case 3: Village of Cross Plains v. Wisconsin Rustic Roads Board, 210 Wis. 2d 475, 565 N.W.2d 466 (Ct. App. 1997)
Facts: The village contested the Board’s refusal to designate a road as Rustic Road.
Issue: Whether the Board acted arbitrarily or abused its discretion in denying the designation.
Holding: The court found the Board’s decision was supported by substantial evidence and was not arbitrary.
Significance: The case confirmed that the Board has broad discretion in designating Rustic Roads and courts will defer to its expertise unless decisions are unreasonable.
Summary
The Wisconsin Rustic Roads Board oversees the preservation and designation of scenic, lightly traveled roads to maintain Wisconsin’s rural and historical character.
Its authority is grounded in state statutes, notably Wis. Stat. § 84.30, and its decisions involve balancing transportation and preservation goals.
Case law emphasizes the Board’s authority, the necessity of following statutory and procedural safeguards, and judicial deference to the Board’s expertise.
The program protects roads from inappropriate alterations, requiring thorough review and community involvement.
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