INCREASED FRIEGHT INCREASED FRIEGHT MOVEMENTS AND LOCAL MOVEMENTS AND LOCAL

ROADWAY IMPACTSROADWAY IMPACTS

WISCONSIN FRIEGHT RAIL DAY 2012WISCONSIN FRIEGHT RAIL DAY 2012

Daniel J. Fedderly P.E.;R.L.S.Daniel J. Fedderly P.E.;R.L.S.Executive Director Executive Director

Wisconsin County Highway Association Wisconsin County Highway Association

EXISTING ROADWAYSEXISTING ROADWAYS►NORMAL & HISTORIC USENORMAL & HISTORIC USE►SAND LIFTS, GRAVEL BASE, SURFACESAND LIFTS, GRAVEL BASE, SURFACE►EXISTING ROADWAY GEOMETRYEXISTING ROADWAY GEOMETRY►EXISTING TRAFFIC VOLUMESEXISTING TRAFFIC VOLUMES►EXISTING TRUCK TRAFFICEXISTING TRUCK TRAFFIC►ACCESS TO RAIL FACILITIES ACCESS TO RAIL FACILITIES ►ACTUAL CONDITIONS vs DESIGN ACTUAL CONDITIONS vs DESIGN

CONDITIONS CONDITIONS

TYPICAL LAND USE TYPICAL LAND USE CHANGESCHANGES

►SIGNIFICANT CHANGES USUALLY SIGNIFICANT CHANGES USUALLY REQUIRE A LAND USE CHANGEREQUIRE A LAND USE CHANGE

►ZONING CHANGES WILL CHANGE LAND ZONING CHANGES WILL CHANGE LAND USE SUCH AS AGRICULTURAL, USE SUCH AS AGRICULTURAL, COMMERCIAL OR INDUSTRIAL USECOMMERCIAL OR INDUSTRIAL USE

►TRAFFIC GENERATING ENTERPRISE TRAFFIC GENERATING ENTERPRISE WILL BE CONSTRUCTEDWILL BE CONSTRUCTED

► INCREASED Ag WEIGHTS INCREASED Ag WEIGHTS ► IDENTIFIED ROUTES TO RAILIDENTIFIED ROUTES TO RAIL

AGENCY COMMUNICATION AGENCY COMMUNICATION

►TOWN BOARDS/PLAN COMMISSIONSTOWN BOARDS/PLAN COMMISSIONS►COUNTY ZONING DEPARTMENTCOUNTY ZONING DEPARTMENT►COUNTY LAND CONSERVATION DEPT.COUNTY LAND CONSERVATION DEPT.►COUNTY HIGHWAY DEPARTMENTCOUNTY HIGHWAY DEPARTMENT►WI DEPT. OF TRANSPORTATIONWI DEPT. OF TRANSPORTATION►RAIL INDUSTRY RAIL INDUSTRY

ROADWAY ACCESSROADWAY ACCESS

►ROADWAY ACCESS PERMIT PROCESSROADWAY ACCESS PERMIT PROCESS►RESIDENTIAL, COMMERCIAL, RESIDENTIAL, COMMERCIAL,

INDUSTRIAL ACCESS ORDINANCESINDUSTRIAL ACCESS ORDINANCES►TOWN ROADWAY ACCESS PERMITTOWN ROADWAY ACCESS PERMIT►COUNTY HIGHWAY ACCESS PERMITCOUNTY HIGHWAY ACCESS PERMIT►STATE HIGHWAY ACCESS PERMITSTATE HIGHWAY ACCESS PERMIT►RAIL CROSSINGSRAIL CROSSINGS

REGULATORY AUTHORITY REGULATORY AUTHORITY ►WI STATS CHAP 82 TOWN ROADSWI STATS CHAP 82 TOWN ROADS►WI STATS CHAP 83 COUNTY HIGHWAYSWI STATS CHAP 83 COUNTY HIGHWAYS►WI STATS CHAP 86 MISC HIGHWAY WI STATS CHAP 86 MISC HIGHWAY

PROVISIONSPROVISIONS►WI STATS CHAP 348 VEHICLES - SIZE WI STATS CHAP 348 VEHICLES - SIZE

WEIGHT AND LOADWEIGHT AND LOAD►WI STATS CHAP 349 STATE AND LOCAL WI STATS CHAP 349 STATE AND LOCAL

POWERSPOWERS►WISDOT FACILITIES DEVELOPMENT MANUAL WISDOT FACILITIES DEVELOPMENT MANUAL

(FDM)(FDM)

TOWN ROADSTOWN ROADS

► 82.0382.03   Duties of town board. Duties of town board. (1) (1)  Oversight of   Oversight of highways, superintendent of highways. highways, superintendent of highways. (a)(a) The town The town board shall have the care and supervision of all board shall have the care and supervision of all highways under the town's jurisdictionhighways under the town's jurisdiction, including the , including the highways specified in s. highways specified in s. 83.0683.06. The town board may . The town board may appoint in writing a superintendent of highways to appoint in writing a superintendent of highways to supervise, under the board's direction, the supervise, under the board's direction, the construction, repair, and maintenance of the construction, repair, and maintenance of the highways and bridges under the town's jurisdiction. highways and bridges under the town's jurisdiction. Where no superintendent of highways is appointed, Where no superintendent of highways is appointed, it shall be the duty of the town board to perform all it shall be the duty of the town board to perform all of the duties that are prescribed by law for the of the duties that are prescribed by law for the superintendent of highways to perform, including superintendent of highways to perform, including keeping the highways passable at all times. keeping the highways passable at all times.

COUNTY HIGHWAYSCOUNTY HIGHWAYS► 83.015 County highway committee.83.015 County highway committee.

(2)(2) Powers and duties.  Powers and duties. (a)(a) Except as provided under par. Except as provided under par. (b)(b), the county highway committee shall , the county highway committee shall purchase and sell county road machinery as authorized by the county board, purchase and sell county road machinery as authorized by the county board, determine whether each piece of county aid construction shall be let by contract determine whether each piece of county aid construction shall be let by contract or shall be done by day labor, enter into contracts in the name of the county, or shall be done by day labor, enter into contracts in the name of the county, and make necessary arrangements for the proper prosecution of the and make necessary arrangements for the proper prosecution of the construction and maintenance of highways provided for by the county board,construction and maintenance of highways provided for by the county board, enter private lands with their employees to remove weeds and brush and erect enter private lands with their employees to remove weeds and brush and erect or remove fences that are necessary to keep highways open for travel during the or remove fences that are necessary to keep highways open for travel during the winter, direct the expenditure of highway maintenance funds received from the winter, direct the expenditure of highway maintenance funds received from the state or provided by county tax, meet from time to time at the county seat to state or provided by county tax, meet from time to time at the county seat to audit all payrolls and material claims and vouchers resulting from the audit all payrolls and material claims and vouchers resulting from the construction of highways and perform other duties imposed by law or by the construction of highways and perform other duties imposed by law or by the county board. county board. (b)(b) In any county with a highway commissioner appointed under s. In any county with a highway commissioner appointed under s. 83.01 (1) (b)83.01 (1) (b) or or (c)(c), the county highway committee shall be only a policy-making body , the county highway committee shall be only a policy-making body determining the broad outlines and principles governing administration and the determining the broad outlines and principles governing administration and the county highway commissioner shall have the administrative powers and duties county highway commissioner shall have the administrative powers and duties prescribed for the county highway committee under par. prescribed for the county highway committee under par. (a)(a), sub. , sub. (3) (a)(3) (a) and ss. and ss. 27.065 (4) (b)27.065 (4) (b) and and (13)(13), , 32.05 (1) (a)32.05 (1) (a), , 82.0882.08, , 83.01 (6)83.01 (6), , 83.01383.013, , 83.01883.018, , 83.025 (1)83.025 (1) and and (3)(3), , 83.02683.026, , 83.03583.035, , 83.0483.04, , 83.05 (1)83.05 (1), , 83.0783.07 to to 83.0983.09, , 83.1283.12, , 83.14 (6)83.14 (6), , 83.1783.17, , 83.1883.18, , 83.42 (3)83.42 (3) and and (4)(4), , 84.01 (5)84.01 (5), , 84.06 (3)84.06 (3), , 84.07 (1)84.07 (1) and and (2)(2), , 84.09 (1)84.09 (1), , (3) (a)(3) (a) to to (c)(c) and and (4)(4), , 84.10 (1)84.10 (1), , 86.04 (1)86.04 (1) and and (2)(2), , 86.07 (2)86.07 (2), , 86.19 (3)86.19 (3), , 86.34 (1), 114.33 (5), 349.07 (2), 349.11 (4) and (10) and 349.15 (2). No 86.34 (1), 114.33 (5), 349.07 (2), 349.11 (4) and (10) and 349.15 (2). No statutory power, duty or function specified elsewhere for the county highway statutory power, duty or function specified elsewhere for the county highway commissioner may be deemed impliedly repealed for the sole reason that commissioner may be deemed impliedly repealed for the sole reason that reference to it has been omitted in this paragraph. reference to it has been omitted in this paragraph.

WI STAT CHAP 86WI STAT CHAP 86

►86.02 86.02 Injury to highway.Injury to highway. Any person who Any person who shall injure any highway by obstructing or shall injure any highway by obstructing or diverting any creek or watercourse or diverting any creek or watercourse or sluiceway, or by dragging logs or timber sluiceway, or by dragging logs or timber thereon, thereon, or by any other actor by any other act, , shall be shall be liable in treble damagesliable in treble damages,, to be recovered to be recovered by the political division chargeable with the by the political division chargeable with the maintenance of highway injured, and the maintenance of highway injured, and the amount recovered shall be credited to the amount recovered shall be credited to the highway maintenance fund. highway maintenance fund.

WI STAT CHAP 348WI STAT CHAP 348► 348.16348.16   Weight limitations on class "B" highways. Weight limitations on class "B" highways.

(1)(1) In this section:  In this section: (b) (b) "Class `B' highway" includes those "Class `B' highway" includes those county trunk highways, town highways and city and village county trunk highways, town highways and city and village streets, or portions thereof, which have been designated as streets, or portions thereof, which have been designated as class "B" highways by the local authorities pursuant to s. class "B" highways by the local authorities pursuant to s. 349.15349.15. . (2) (2) Except as provided in sub.  Except as provided in sub. (3)(3) and s. and s. 348.175348.175 and subject to any modifications made by a city of the first and subject to any modifications made by a city of the first class pursuant to s. class pursuant to s. 349.15 (3)349.15 (3), , no person, without a no person, without a permit therefore, shall operate on a class "B" permit therefore, shall operate on a class "B" highway any vehicle or combination of vehicles highway any vehicle or combination of vehicles imposing wheel, axle, group of axles, or gross imposing wheel, axle, group of axles, or gross weight on the highway exceeding 60 percent of the weight on the highway exceeding 60 percent of the weightsweights authorized in s. authorized in s. 348.15 (3)348.15 (3).. (3) (3) Any motor  Any motor vehicle whose operation is pickup or delivery, including vehicle whose operation is pickup or delivery, including operation for the purpose of moving or delivering supplies operation for the purpose of moving or delivering supplies or commodities to or from any place of business or or commodities to or from any place of business or residence that has an entrance on a class "B" highway, residence that has an entrance on a class "B" highway, may pick up or deliver on a class "B" highway without may pick up or deliver on a class "B" highway without complying with the gross vehicle weight limitations complying with the gross vehicle weight limitations imposed by sub. imposed by sub. (2)(2). . History: History: 1981 c. 3121981 c. 312; ; 2001 a. 162001 a. 16; ; 2009 a. 1772009 a. 177..

WI STAT CHAP 348WI STAT CHAP 348► 348.17348.17   Special or seasonal weight limitations. Special or seasonal weight limitations.

(1)(1) No person, whether operating under a permit or  No person, whether operating under a permit or otherwise, shall operate a vehicle in violation of otherwise, shall operate a vehicle in violation of special weight limitations imposed by state or local special weight limitations imposed by state or local authorities on particular highways, highway structures authorities on particular highways, highway structures or portions of highways when signs have been erected or portions of highways when signs have been erected as required by s. as required by s. 349.16 (2)349.16 (2) giving notice of such giving notice of such weight limitations, except when the vehicle is being weight limitations, except when the vehicle is being operated under a permit expressly authorizing such operated under a permit expressly authorizing such weight limitations to be exceeded. weight limitations to be exceeded. (2) Whenever (2) Whenever the operator of a vehicle is ordered by the the operator of a vehicle is ordered by the officer or agency in charge of maintenance or officer or agency in charge of maintenance or by a traffic officer to suspend operation of such by a traffic officer to suspend operation of such vehicle because of the damage such vehicle is vehicle because of the damage such vehicle is causing or likely to cause to the highway or the causing or likely to cause to the highway or the public investment therein, the operator shall public investment therein, the operator shall forthwith comply with such order. forthwith comply with such order.

WI STAT CHAP 349WI STAT CHAP 349

► 349.15349.15   Authority to modify weight limitations Authority to modify weight limitations and classify highways.and classify highways. (1)(1) The limitations on size  The limitations on size and weight imposed by ch. and weight imposed by ch. 348348 are lawful throughout are lawful throughout the state and local authorities may not alter such the state and local authorities may not alter such limitations except as otherwise provided in this limitations except as otherwise provided in this chapter. chapter. (2)(2) The county highway committee with  The county highway committee with respect to the county trunk highway system and the respect to the county trunk highway system and the local authorities with respect to highways maintained local authorities with respect to highways maintained by them may designate all or parts of such highways by them may designate all or parts of such highways to be class "B" highways for the purpose of putting to be class "B" highways for the purpose of putting into effect the weight limitations set forth in s. into effect the weight limitations set forth in s. 348.16348.16,, except that no portion of any such highway which is a except that no portion of any such highway which is a state trunk highway or connecting highway may be so state trunk highway or connecting highway may be so designated. designated.

WI STAT CHAP 349WI STAT CHAP 349► 349.16349.16   Authority to impose special or seasonal weight limitations. Authority to impose special or seasonal weight limitations. (1)(1)  

The officer in charge of maintenance in case of highways maintained by a The officer in charge of maintenance in case of highways maintained by a town or County…. may: town or County…. may: (a) (a) Impose special weight limitations on any such Impose special weight limitations on any such highway or portion thereof which, because of weakness of the roadbed due highway or portion thereof which, because of weakness of the roadbed due to deterioration or climatic conditions or other special or temporary to deterioration or climatic conditions or other special or temporary condition, would likely be seriously damaged or destroyed in the absence condition, would likely be seriously damaged or destroyed in the absence of such special limitations; of such special limitations; (b) (b) Impose special weight limitations on Impose special weight limitations on bridges or culverts when in its judgment such bridge or culvert cannot bridges or culverts when in its judgment such bridge or culvert cannot safely sustain the maximum weights permitted by statute; safely sustain the maximum weights permitted by statute; (c)(c) Order the Order the owner or operator of any vehicle being operated on a highway to suspend owner or operator of any vehicle being operated on a highway to suspend operation if in its judgment such vehicle is causing or likely to cause injury operation if in its judgment such vehicle is causing or likely to cause injury to such highway or is visibly injuring the permanence thereof or the public to such highway or is visibly injuring the permanence thereof or the public investment therein,investment therein, except when s. except when s. 84.2084.20 is applicable or is applicable or when the when the vehicle is being operated pursuant to a contractvehicle is being operated pursuant to a contract which which provides that the governmental unit will be reimbursed for any damage provides that the governmental unit will be reimbursed for any damage done to the highway. Traffic officers also may order suspension of done to the highway. Traffic officers also may order suspension of operation under the circumstances and subject to the limitations stated in operation under the circumstances and subject to the limitations stated in this paragraph. this paragraph. (2) (2) Imposition of the special weight limitations authorized  Imposition of the special weight limitations authorized by sub. by sub. (1) (a)(1) (a) shall be done by erecting signs on or along the highway on shall be done by erecting signs on or along the highway on which it is desired to impose the limitation sufficient to give reasonable which it is desired to impose the limitation sufficient to give reasonable notice that a special weight limitation is in effect and the nature of that notice that a special weight limitation is in effect and the nature of that limitation. Imposition of the special weight limitations authorized by sub. limitation. Imposition of the special weight limitations authorized by sub. (1) (b)(1) (b) shall be done by erecting signs before each end of the bridge or shall be done by erecting signs before each end of the bridge or culvert to which the weight limitation applies sufficient to give reasonable culvert to which the weight limitation applies sufficient to give reasonable notice that a special weight limitation is in effect and the nature of that notice that a special weight limitation is in effect and the nature of that limitation. All weight limitation signs and their erection shall comply with limitation. All weight limitation signs and their erection shall comply with the rules of the department and shall be standard throughout the statethe rules of the department and shall be standard throughout the state. .

WisDOT FDMWisDOT FDM

► Both Wisconsin’s Department of Transportation’s Facility Both Wisconsin’s Department of Transportation’s Facility Development Manual (FDM) and State Statutes give local Development Manual (FDM) and State Statutes give local governments the tools necessary to manage roadway governments the tools necessary to manage roadway impacts associated with the construction of traffic impacts associated with the construction of traffic generating enterprises. generating enterprises.

► The FDM contains Procedure 7-35-10The FDM contains Procedure 7-35-10 which pertains to which pertains to Traffic Impact Analyses (TIAs) which is an engineering Traffic Impact Analyses (TIAs) which is an engineering study that compares before and after traffic conditions on study that compares before and after traffic conditions on a roadway network due to a proposed land use change.a roadway network due to a proposed land use change.

► The TIA identifies access points and roadway changes The TIA identifies access points and roadway changes necessary due to the construction of a traffic generating necessary due to the construction of a traffic generating enterprise and identifies the costs of engineering, real enterprise and identifies the costs of engineering, real estate and construction and assigns those costs to the estate and construction and assigns those costs to the proposed enterprise. proposed enterprise.

FAIR & CONSISTENTFAIR & CONSISTENT

►What is very important to note is that application What is very important to note is that application of the provisions found both in the FDM and of the provisions found both in the FDM and applicable State Statutes need to be applicable State Statutes need to be implemented by local governments for their implemented by local governments for their intended purpose.intended purpose.

►Which is for Which is for allall traffic generating enterprise traffic generating enterprise impacts. impacts.

► Local governments should have a long Local governments should have a long established process for evaluating roadway and established process for evaluating roadway and access impacts for access impacts for allall commercial and industrial commercial and industrial or developments that precipitate land use or developments that precipitate land use changes.changes.

► By having a long established local practice you’ll By having a long established local practice you’ll find that you will treat find that you will treat allall developments fairly. developments fairly.

EXISTING CONDITIONSEXISTING CONDITIONS►One of the most important aspects needed One of the most important aspects needed

to prepare for evaluating roadway impacts to prepare for evaluating roadway impacts is to know what the existing conditions are is to know what the existing conditions are for the roadway. for the roadway.

► An engineering analysis for existing An engineering analysis for existing conditions of roadway base and pavement conditions of roadway base and pavement will help in providing current loading will help in providing current loading calculations calculations

► By projecting increased truck weights and By projecting increased truck weights and what is required to carry these weights, what is required to carry these weights, we can identify needed structural we can identify needed structural improvements for both base and improvements for both base and pavement.pavement.

EXISTING CONDITIONSEXISTING CONDITIONS► Evaluations made through the TIA process Evaluations made through the TIA process

will help in identifying other design will help in identifying other design engineering needs such as pavement engineering needs such as pavement width, land acquisition needs for right of width, land acquisition needs for right of way and turning movement considerations way and turning movement considerations at access points.at access points.

► Local governments is then able to Local governments is then able to independently or through the use of independently or through the use of engineering consultants estimate the cost engineering consultants estimate the cost of the impacts for these identified changes of the impacts for these identified changes in use. in use.

► Consider Actual Conditions VS “Design” Consider Actual Conditions VS “Design” Conditions Conditions

Methods of cost recovery Methods of cost recovery ► After the costs have been fully identified local governments After the costs have been fully identified local governments

should be able to begin to determine how the costs will be should be able to begin to determine how the costs will be covered.covered.

► Contractual negotiations for a roadway use agreement with Contractual negotiations for a roadway use agreement with the entity that is causing the impact, as indicated in Wis. State the entity that is causing the impact, as indicated in Wis. State Statute 349.16. is one method. Statute 349.16. is one method.

► A good agreement will include recitals; identify terms and A good agreement will include recitals; identify terms and conditions; identify the roadway routes to be used; identify conditions; identify the roadway routes to be used; identify the owner and authorized representatives; identify the local the owner and authorized representatives; identify the local government and authorized representatives; contain terms for government and authorized representatives; contain terms for payments of both roadway improvements and long term payments of both roadway improvements and long term roadway maintenance; indicate cooperation and potential roadway maintenance; indicate cooperation and potential emergency actions; contain provisions for insurances, emergency actions; contain provisions for insurances, remedies and enforcement; contain severability clauses; remedies and enforcement; contain severability clauses; discuss assignabililty; contain processes for modifications; discuss assignabililty; contain processes for modifications; and the process for termination. and the process for termination.

Methods of cost recovery Methods of cost recovery ► Additional Impacts on Local roads result from Additional Impacts on Local roads result from

increased rail movements as well increased rail movements as well ► Increasing rail traffic and increasing highway Increasing rail traffic and increasing highway

traffic generates additional conflict points at traffic generates additional conflict points at crossings and results in a increased emphasis on crossings and results in a increased emphasis on crossing improvements crossing improvements

► Improved signalization Improved signalization ► Improved warning systems Improved warning systems ► Advanced warning systems Advanced warning systems ► All resulting in increased costs and expenditures All resulting in increased costs and expenditures

to ensure the safest transportation system to ensure the safest transportation system possible possible

QUESTIONS????QUESTIONS????

Contact Information Contact Information

Daniel J. Fedderly P.E.;R.L.S.Daniel J. Fedderly P.E.;R.L.S.

Executive Director Executive Director

Wisconsin County Highway Association Wisconsin County Highway Association

hwype@wwt.net hwype@wwt.net

715-505-9242 715-505-9242