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Highway Department
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Regulations
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SHEBOYGAN
COUNTY CODE OF ORDINANCES
CHAPTER 26:
REGULATIONS ON USE OF HIGHWAY RIGHTS-OF-WAY
- 26.01 DEFINITIONS.
- "Highway" means all, county roads, highways,
and bridges located within the unincorporated areas of the County of Sheboygan and over
which this County has jurisdiction. This includes all lands within the right-of-way,
whether paved or unpaved.
- "Obstruction" means all materials placed within
a right-of-way without a written permit issued by the Highway Commissioner or his designee
that may impede the flow of drainage water, obstruct visibility of highway users, increase
the risk of injury to a highway user who collides with the materials, or interfere with
highway maintenance operations, including the ability of County employees or agents
to access or occupy any portion of the right-of-way. As illustrations, obstructions
include stones or rocks; snow and/or ice; railroad ties, landscape timbers, other decorative landscaping
fences; garbage, rubbish, refuse, or other discarded materials; all agricultural crops
regardless of height; and trees, shrubs, bushes, and other decorative plantings that
extend above the natural or established grade by more than six (6) inches.
- "Right-of-way" means the full extent of the
lands acquired for highway purposes, whether by deed, easement, statute, patent, court
order, or prescriptive use.
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- 26.02 CULTIVATION AND LANDSCAPING
- (a) No person may cultivate, plant, harvest,
or maintain agricultural crops, trees, or shrubs within a right-of-way.
- (b) No person may cultivate, plant, or maintain
grasses, flowers, or other vegetable plants in any manner that obstructs the visibility
of the highway by highway users.
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- 26.03 ALTERATION OF GRADE.
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- No person may alter or change the depth or contour of any portion
of any ditch or embankment in a right-of-way without a written permit issued by the
Highway Commissioner or his designee
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- 26.04 MAILBOXES, SIGNS, AND NEWSPAPER BOXES.
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- (a) No sign of any nature may be placed or allowed to
remain in any right-of-way except an official traffic sign placed by a governmental
authority and except other signage permitted by the Wisconsin Administrative Code.
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- (b) Mailboxes and newspaper boxes are permitted within
a right-of-way if the installation complies with all requirements of the U.S. Postal
Service and guidelines of the Wisconsin Department of Transportation.
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- 26.05 OTHER OBSTRUCTIONS.
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- No person may place, maintain, or allow any obstruction in
a right-of-way other than those specifically permitted by this Ordinance by other laws,
or by a written permit issued by the Highway Commissioner or his designee.
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- 26.06 PRIVATE CULVERTS.
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- Any adjoining land owner or tenant may install a culvert in
a right-of-way if all applicable local, County, and State regulations and policies have
been observed, and a written permit has been issued by the Highway Commissioner or his
designee.
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- 26.07 ENFORCEMENT AND PENALTIES.
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- (a) Correction Order. Upon being informed
of a violation of this Ordinance, the Highway Commissioner or his designee shall notify
the adjoining land owner or tenant of the violation in writing and shall order removal
and correction of the violation within thirty (30) days. If the Highway Committee determines
that the degree of hazard constitutes an emergency risk to public safety, the Highway
Commissioner or his designee may immediately correct the violation after diligent attempts
to notify the adjoining owner or tenant.
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- (b) Failure to Comply. If compliance
with the correction order is not made by the deadline set, the violator shall be subject
to a forfeiture of not less than Ten Dollars ($10.00) and not more than Five Hundred
Dollars ($500.00) per day of violation retroactive to the date the violator received
the correction order. In addition, the Highway Commissioner may then make the necessary
arrangements for removal and correction of the violation. All expenses of correction,
including reasonable attorney's fees, shall be billed to the violator.
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