Town of Wascott
Douglas County, Wisconsin
Ordinance 2015-05
Roadside Maintenance Policy
STATEMENT OF BELIEF
Regarding the Maintenance and Rehabilitation of Town of Wascott roads, the Town Board believes:
1) Legal control of a town road's right-of-way is vested with the Town Board. [WI Statute 82.03]
Therefore, the determination of what natural or man-made objects are permitted in the right-of-ways is the exclusive
responsibility of the Wascott Town Board. (Dimensions of the right-of-way for town roads are as follows; full
right-of-way is 4 rods (66 feet); on either side of the road the right-of-way is 2 rods (33 feet) from the centerline
to the edge of the right-of-way.) [WI Statute 82.50(1)]
2) The Town Board shall provide safety to users of town roads. [WI Statute 66.1037(1)] The town shall remove,
cut, or trim or consent to the removal, cutting, or trimming of any tree, shrub, or vegetation in order to provide
safety to users of the roads.
3 ) The desire of each landowner adjacent to the right-of-way will be given consideration during the maintenance or
rehabilitation process as to vegetation and objects permitted in the right-of-way.
LANDOWNER RIGHTS AND RESTRICTIONS
1) Landowners may mow roadsides adjacent to their land at their discretion. They may trim or cut vegetation within the
town’s right-of-way, but all branches and logs must be removed from the right-of-way.
2) If trees to be cut by agents of the Town Board are within the right-of-way and are over 10" in diameter, the
landowner shall be notified by the Town at least 30 days prior to the start of cutting. The landowner may appeal
the proposed tree removal at the next Town Board meeting before the start of cutting. The wood is the property of
the landowner and shall be disposed of according to the landowner’s wishes. If the landowner does not want the
wood, the Town Board may contract for its removal. Wood to be retained by the landowner shall be moved by the
landowner to the landowner's property outside of the right-of-way. If the wood is left in the right-of-way it must be
removed by the landowner within 30 days of the end of cutting. When wood is left in the right-of-way and is not
removed within 30 days of its cutting, the Town Board shall contract for it’s removal.
3) The Town is not responsible for trimming branches that protrude into fields or yards from trees growing in the
right-of-way.
4) Landowners or their agents shall not till or plow within seven feet of the edge of the pavement. Under no
conditions shall shoulders or ditches (both slopes) be disturbed. To reduce damage to the edge of the pavement
and to protect public safety, it is the policy of the Town of Wascott to discourage use of town roads as an end-offield turnaround for tillage, harvesting or other heavy equipment. [WI Statutes Chapter 86 ]
CLEAR ZONE
It is the goal of the Town of Wascott to maintain a clear zone at ground level from the edge of the pavement to the
distance within the right-of-way. The Town Board determines the clear zone necessary and appropriate for each
town road. This determination will be decided by a spring and/or fall inspection. A vertical clear zone of sixteen
(16) feet above the pavement and above the shoulder shall be maintained. Where this goal is not met the Town
Board will respond on a complaint basis.
METHOD OF CONTROLLING VEGETATION
It is the policy of the Town of Wascott to maintain roadsides by mowing (6 feet plus whatever is necessary)
beginning in July of each year and by selective cutting and limbing of other vegetation. Oak trees will not be
trimmed from April 1 to October 1 due to Oak Wilt disease. Mechanical brush cutters that flail or shred the limbs
and branches will not be used on town roads. Horizontal brush cutters with rotary blades or sickle bar mowers will
be used. Herbicides will only be used along town roadsides to selectively paint stumps of box elder or tag alder.
Woody vegetation, such as poison ivy or poison oak may be selectively spot sprayed with the adjacent landowner's
permission. Power companies will be required to follow the same procedure.
AESTHETIC VALUES OF RIGHT-OF-WAY
Pursuant to its Comprehensive Plan and the importance of a rural environment to its citizens, it is the policy of the
Town of Wascott to encourage and maintain aesthetic areas along both right-of-ways beyond the clear zone.
However, the Town Board may selectively remove trees or boulders that are deemed to threaten public safety.
(Alternatively, in some instances a lower speed limit may be established.) A tree may be judged hazardous based on
poor tensile strength, serious decay, disease, death, dangerous proximity to the roadway (dangerous proximity is
defined as a tree existing 10 feet or less from the roadway), or appears likely to fall on or across the town road. To
further enhance the attractiveness of the Town, the Town Board shall periodically and as opportunities arise
encourage power companies serving the Town to bury lines.
NEW ROAD CONSTRUCTION OR MAJOR REHABILITATION
Town of Wascott policy considers safety and aesthetics as primary concerns when making decisions about the rightof-way issues. The construction of ditches and shoulders during rehabilitation will require the clearing of more
vegetation than normal maintenance. However, in some instances individual landmark trees may be saved by using
sensitive construction techniques in the root zone of those trees.
It is also the policy of the Town of Wascott to attempt to retain stone fences and boulders that do not directly
interfere with road construction activities, and do not create safety issues. General adherence to the goals and
policies of this statement will ensure that the Town of Wascott will have an aesthetically pleasing and safe road
system.
REFERENCES: Wisconsin Statutes (2014) Chapter 86 Miscellaneous Highway Provisions 86.02, 86.021 and 86.022.
WISCONSIN STATUTES
CHAPTER 86
MISCELLANEOUS HIGHWAY PROVISIONS
86.02 INJURY TO HIGHWAY. Any person who shall injure any highway by obstructing or diverting any creek or
watercourse or sluiceway, or by dragging logs or timber thereon, or by any other act, shall be liable in treble damages, to be
recovered by the political division chargeable with the maintenance of highway injured, and the amount recovered shall be
credited to the highway maintenance fund.
86.21 HIGHWAYS, CULTIVATION OF; INJURY BY FARM MACHINERY.
1) No person shall, within the limits of any public highway, plow, cultivate or otherwise work any lands in such
manner as to interfere with or obstruct the drainage in any public highway ditch, nor shall any person operate any
farm or other machinery on, over, along or across any public highway in such manner as to materially damage the
said highway.
2) Any person who shall violate the provisions of this section shall be guilty of a misdemeanor, and upon conviction
thereof shall be punished by a fine of not less than $10 nor more than $50, or by imprisonment in the county jail
not less than 10 days nor more than 30 days, and shall in addition pay the whole cost of restoring the ditch or
highway, or both, to their former condition.
86.022 OBSTRUCTING HIGHWAY WITH EMBANKMENT OR DITCH. Any person who shall willfully or
maliciously make any ditch, depression or embankment or place any obstruction in any public highway intended or
calculated to impede or incommode the use of such highway, or who shall place any obstruction in any ditch constructed to
drain any highway, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $10
nor more than $100.
TREES ON AND ADJACENT TO HIGHWAY.
1) REMOVAL OF FALLEN TREES. If any tree falls from adjacent land into any highway, the owner or
occupant of the land shall immediately remove the tree from the highway. It shall be the duty of every highway
patrolman, street commissioner, or other officer in charge of the maintenance of streets or highways, to remove
from any highway any fallen tree or trees therein.
2) OWNERSHIP. All trees on land over which any highway is laid out shall be for the use of the owner of the land
or person otherwise entitled thereto, except trees that have been acquired by and for the public in the acquisition of
the highway right-of-way and except such trees within the highway as may be requisite to make or repair the
highways on the land or within one mile of the same; but no trees reserved for shade or ornament, unless acquired
by the public, shall be used for such purpose.
3) PLANTING TREES AND SHRUBS IN HIGHWAY. Any person owning or occupying land adjoining any
highway may, with the approval of the Town Board, plant, cultivate and maintain trees, shrubs or hedges on the side
of the highway contiguous to within 10 feet of that person's landand within the right-of-way. Such trees, shrubs or
hedges shall be cut or removed only by the owner or occupant of the abutting land or by the public authority having
control of the highway.
4) CUTTING OR INJURING TREES ON HIGHWAY. No person shall cut down, break, girdle, bruise the
bark, or in any other manner injure, or allow any animal under that person's control to injure, any public or private
trees, shrubs, or hedges growing within the highway, except as the owner thereof or the public authority maintaining
the highway may cut down, trim and remove trees, shrubs, and hedges for the purpose of and conducing to the
benefit and improvement of the owner's land or the highway facility.
5) MUTILATION OF TREES. It shall be unlawful for any person to injure, mutilate, cut down, or destroy any
shade tree growing on or within any street or highway in any village in this state, unless express permission to do so
has been granted by the Town Board.
6) FINES. Anyone accused of a misdemeanor by violating any of the provisions of this ordinance, and is then
convicted thereof, shall be punished by a fine not to exceed $25 for each tree or shrub damaged, felled or
destroyed.
Adopted this 2nd day of Month, 2015 by the Town Board:
Greg Jensen - Town Chairman
Bob Fritzke – Town Supervisor
Bill Stapp - Town Supervisor
Lynn Koalska – Town Supervisor
Janice Newsome – Town Supervisor
Attest: Jeannette Atkinson – Clerk/Treasurer