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AB521: Bill Text
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2025 - 2026 LEGISLATURE
LRB-4843/1
ZDW:klm
2025 ASSEMBLY BILL 521
October 15, 2025 - Introduced by Representatives
Maxey
,
O'Connor
,
Armstrong
,
Behnke
,
Goeben
,
Gundrum
,
Gustafson
,
B. Jacobson
,
Knodl
,
Melotik
,
Mursau
,
Penterman
,
Spiros
,
Steffen
,
Tucker
,
Wichgers
and
Doyle
, cosponsored by Senators
Tomczyk
,
Jacque
,
Nass
and
Wanggaard
. Referred to Committee on Transportation.
AB521,1,6
1
An Act
to repeal
84.305 (2m) (a), 84.305 (3) (i) and 84.305 (5) (f) 2.;
to amend
2
84.305 (2), 84.305 (3) (a), 84.305 (3) (b), 84.305 (3) (g), 84.305 (4), 84.305 (5) (a),
3
84.305 (5) (ag), 84.305 (5) (d), 84.305 (5) (f) 1. and 84.305 (6) (a);
to create
4
84.305 (1) (ar), 84.305 (1) (hm), 84.305 (2m) (ar), 84.305 (3r) and 84.305 (5) (f)
5
3. of the statutes;
relating to:
removal of vegetation obstructing outdoor
6
advertising signs.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Transportation is responsible for maintenance of the highway right-of-way on highways under its jurisdiction. DOT must provide for the care, protection, and maintenance of trees and other roadside vegetation, including cutting, trimming, or removing trees and other vegetation as needed to provide safety to highway users. Current law generally prohibits a person from cutting, trimming, removing, or planting a tree or other vegetation within the right-of-way of a state trunk highway, including interstate highways, without DOT’s consent.
Under current law, outdoor advertising signs (signs) viewable from a highway are regulated and subject to an annual permit fee payable to DOT (sign permit). A sign owner may also apply for a permit from DOT that authorizes the owner to maintain and remove vegetation obstructing the view of the owner’s sign along a state trunk highway, including an interstate highway (vegetation removal permit).
Under current law, a vegetation removal permit authorizes sign owners to trim or remove vegetation approved by DOT for removal within a sign’s “viewing zone,” which is the final 1,000 feet along the highway when approaching a sign. The bill defines a “viewing window,” which is the final 500 feet of the viewing zone. Under the bill, a sign owner with a vegetation removal permit may clear cut all vegetation within a sign’s viewing window, including vegetation located in the median of a divided highway.
Under current law, a vegetation removal permit holder that removes trees with a diameter of two inches or more must compensate DOT for the removed trees. The bill eliminates the requirement that an arborist be employed and provides that compensation is due only if the trees were removed from a living snow fence. The bill defines “living snow fence” to mean vegetation that functions as a berm or barrier to inhibit the accumulation of snow on the highway during the winter season that is planted by the department in a highway right-of-way and the location of which is documented by the department. The bill increases the amount of compensation from $200 to $300 per tree and requires DOT to use the amounts collected to plant living snow fences.
Finally, the bill provides that a sign owner who was issued a vegetation removal permit on or after May 19, 2012, is not required to apply for subsequent permits for the same sign and may remove vegetation in the sign’s viewing window without additional approval or supervision by DOT. The sign owner must notify DOT prior to removal of any vegetation and must provide DOT with photographs of the sign site before and after the vegetation removal is completed.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB521,1
1
Section
1
.
84.305 (1) (ar) of the statutes is created to read:
AB521,2,5
2
84.305
(1)
(ar) “Living snow fence” means vegetation that functions as a berm
3
or barrier to inhibit the accumulation of snow on the highway during the winter
4
season that is planted by the department in a highway right-of-way and the location
5
of which is documented by the department.
AB521,2
6
Section
2
.
84.305 (1) (hm) of the statutes is created to read:
AB521,3,7
1
84.305
(1)
(hm) “Viewing window” means, with respect to a sign, the area in
2
which vegetation removal is authorized by permit within the viewing zone for the
3
sign, extending on the main-traveled way of the highway nearest the sign for the
4
direction of travel for which the sign face is oriented and extending, in the direction
5
opposite of the direction of travel of the main-traveled way from which the sign face
6
is visible and intended to be viewed, in a line along the highway pavement edge for
7
a distance of 500 continuous feet.
AB521,3
8
Section
3
.
84.305 (2) of the statutes is amended to read:
AB521,3,15
9
84.305
(2)
Notwithstanding ss. 66.1037 and 86.03, and subject to
sub.
subs.
10
(2m)
and (3r)
, upon application, the department shall issue permits to sign owners
11
for the trimming or removal of vegetation that is located in the right-of-way of a
12
highway under the jurisdiction of the department for maintenance purposes and
13
that obstructs a sign if, within a distance of 500 continuous feet along any portion of
14
the viewing zone, any portion of the face of the sign is not viewable because of an
15
obstruction to sight by vegetation in the highway right-of-way.
AB521,4
16
Section
4
.
84.305 (2m) (a) of the statutes is repealed.
AB521,5
17
Section
5
.
84.305 (2m) (ar) of the statutes is created to read:
AB521,3,19
18
84.305
(2m)
(ar) A person may apply for a permit under this section for new
19
sign locations prior to the construction of the sign.
AB521,6
20
Section
6
.
84.305 (3) (a) of the statutes is amended to read:
AB521,4,2
21
84.305
(3)
(a) Subject to pars. (d) to
(i)
(h)
and subs. (2m) (b)
, (4),
and (6), a
22
permit issued under this section authorizes the permittee to trim or remove
23
obstructing vegetation
in the viewing window
to the extent necessary to eliminate
24
the obstruction and provide an unobstructed view of a sign for 500 continuous feet
1
within the viewing zone. A permit issued under this section shall specify
the
2
vegetation or
the portion of the highway right-of-way to which the permit applies.
AB521,7
3
Section
7
.
84.305 (3) (b) of the statutes is amended to read:
AB521,4,13
4
84.305
(3)
(b) An application for a permit under this section shall specifically
5
describe the work proposed by the applicant. The department shall grant or deny
6
an application for a permit under this section, and notify the applicant of the
7
department’s decision, within 60
calendar
days of
the department’s initial
receipt of
8
the application. If the department denies an application for a permit under this
9
section, the department shall notify the applicant of reasons for the denial.
If the
10
department does not approve or deny the application within 60 calendar days of the
11
department’s initial receipt of the application, the application shall be deemed
12
approved and the applicant may schedule vegetation removal with the state outdoor
13
advertising coordinator for the appropriate region.
AB521,8
14
Section
8
.
84.305 (3) (g) of the statutes is amended to read:
AB521,4,23
15
84.305
(3)
(g) A permit issued under this section may
not
authorize the
16
permittee to clear-cut
any
the
highway right-of-way
in a specified viewing window
.
17
The permit authorizes the permittee to trim or remove only the vegetation
specified
18
in the permit, or only vegetation
within the area of the right-of-way specified in the
19
permit, in accordance with the terms of the permit. All trimming of vegetation
20
authorized under a permit shall be performed in compliance with applicable
21
standards of the American National Standards Institute, but if the trimming
22
cannot be accomplished in compliance with these standards, the vegetation may be
23
removed as provided in sub. (5).
AB521,9
1
Section
9
.
84.305 (3) (i) of the statutes is repealed.
AB521,10
2
Section
10
.
84.305 (3r) of the statutes is created to read:
AB521,5,6
3
84.305
(3r)
(a) A sign owner who was issued a permit under sub. (2) on or
4
after May 19, 2012, is not required to apply for subsequent permits for the same
5
sign and may trim or remove vegetation in the sign’s specified viewing window
6
without additional approval or supervision by the department.
AB521,5,12
7
(b) A sign owner acting under the authority of par. (a) shall notify the
8
department not less than 15 calendar days prior to any trimming or removal of
9
vegetation within the sign’s specified viewing window. No later than 15 calendar
10
days after the trimming or removal of vegetation, the sign owner must submit to the
11
department photographs of the sign site before and after the trimming or removal
12
of vegetation.
AB521,11
13
Section
11
.
84.305 (4) of the statutes is amended to read:
AB521,5,20
14
84.305
(4)
Each permit
Permits
issued under this section shall authorize the
15
permittee to employ 3rd-party contractors, including any arborist or landscape
16
contractor, to perform work authorized under the permit.
Each permit issued
17
under this section shall require the permittee to retain a certified arborist for the
18
purposes specified in sub. (5) (d).
A permittee shall be responsible for any such
19
work performed by a contractor on behalf of the permittee that is not authorized by
20
the permit as if the work were performed directly by the permittee.
AB521,12
21
Section
12
.
84.305 (5) (a) of the statutes is amended to read:
AB521,6,2
22
84.305
(5)
(a) Each permit issued under this section shall require a permittee
23
that removes any tree with a diameter of 2 inches or more as measured at breast
1
height
that is part of a living snow fence
to compensate the department for all such
2
trees removed, in compliance with the requirements under pars. (d) and (f).
AB521,13
3
Section
13
.
84.305 (5) (ag) of the statutes is amended to read:
AB521,6,9
4
84.305
(5)
(ag) Each permit issued under this section shall require a
5
permittee that removes vegetation to also remove the vegetation’s stump, to grade
6
level, and to dispose of all vegetation removed, including the stump, at a location
7
away from the highway right-of-way.
This paragraph applies to all vegetation
8
removal, including first-time permittees, viewing window maintenance, and
9
maintenance or removal of a living snow fence.
AB521,14
10
Section
14
.
84.305 (5) (d) of the statutes is amended to read:
AB521,6,14
11
84.305
(5)
(d) 1. For each permit issued under sub. (2),
a certified arborist
12
retained by the permittee
the department
shall determine the number of trees with
13
a diameter of 2 inches or more, as measured at breast height, that are to be
14
removed.
AB521,6,19
15
3. In calculating the total number of trees under subd. 1.,
a certified arborist
16
shall
the department may
not include any vegetation that was dead, diseased, or
17
determined to be an invasive species at the time of its removal.
The applicant shall
18
be allowed to remove any dead, diseased, or invasive species within the viewing
19
window, regardless of whether it obstructs the view of the sign.
AB521,6,23
20
4. In determining whether a tree with multiple leaders has a diameter of 2
21
inches or more, as measured at breast height, for purposes of calculating the total
22
number of trees under subd. 1.,
a certified arborist
the department
shall consider
23
only the diameter of the tree’s largest leader.
AB521,15
24
Section
15
.
84.305 (5) (f) 1. of the statutes is amended to read:
AB521,7,4
1
84.305
(5)
(f) 1. A permittee shall compensate the department
$200, as
2
adjusted under subd. 2.,
$300
for each tree removed under a permit, as calculated
3
by
the certified arborist retained by the permittee
the department
according to the
4
method specified in par. (d).
AB521,16
5
Section
16
.
84.305 (5) (f) 2. of the statutes is repealed.
AB521,17
6
Section
17
.
84.305 (5) (f) 3. of the statutes is created to read:
AB521,7,8
7
84.305
(5)
(f) 3. The department shall use the amounts paid to the
8
department under subd. 1. to plant living snow fences.
AB521,18
9
Section
18
.
84.305 (6) (a) of the statutes is amended to read:
AB521,7,13
10
84.305
(6)
(a) The department shall have authority to supervise and
11
determine how
ensure
the work authorized under a permit issued under this
12
section is carried out
in accordance with all associated vegetation removal
13
guidelines
.
AB521,7,14
14
(end)
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