Section Trans 75.05 - Constrained environments(1) Notwithstanding s. Trans 75.02 and subject to subs. (3) and (4), bikeways and sidewalks are not required in a constrained environment if establishing them would have excessive negative impacts. A "constrained environment" is any area in which structures, improvements, natural resources, or historical or archaeological sites adjacent to the highway do not allow construction of all of the following on each side of the roadway unless the obstruction is eliminated: (a) A terrace at least 3 feet wide, including the width of the curb, and having no sidewalk.(b) A sidewalk that is either of the following:1. Five feet wide, if adjacent to a terrace at least 3 feet wide.2. Six feet wide, if adjacent to a curb or a terrace less than 3 feet wide.(2) Impacts are considered excessively negative if any of the following applies: (a) Establishing a sidewalk and bikeway together or just a sidewalk requires the reduction of the terrace width to less than 3 feet for more than 50 percent of total project length.(b) Eliminating obstructing structures or improvements adjacent to the highway would dramatically reduce the aesthetic value or functionality of the remaining area. The authority shall give significant weight to the impacts on abutting property owners in any constrained environment.(c) The environmental documentation process shows that establishing all of the facilities described in sub. (1) (a), (b), or (c) would result in loss or degradation of natural resources, historical or archaeological sites. (3) In a constrained environment with excessive negative impacts, the authority shall include those facilities to the greatest extent the authority determines is practicable but may omit a sidewalk or bikeway, or both, from either or both sides of the roadway, or may vary the minimum widths specified in sub. (1). If an authority omits a bikeway or sidewalk under this subsection, the authority shall do all of the following: (a) Establish bikeways or sidewalks using the amount of space remaining in the highway after that omission.(4) In a constrained environment, an authority shall establish bikeways if the authority can do so by reducing the terrace width to less than 3 feet for not more than 25 percent of the overall length of the project.(5) If real estate is or will be acquired within the constrained environment for a travel lane, the authority shall consider whether the area remains a constrained environment or whether additional real estate could be acquired for purposes of a bikeway or sidewalk without generating excessive negative impacts. Real estate costs attributable to establishing any new bikeways or sidewalks may be considered under s. Trans 75.04 for purposes of determining costs. Consider establishing those omitted facilities nearby the constrained environment.Wis. Admin. Code Department of Transportation Trans 75.05
CR 10-082: cr. Register December 2010 No. 660, eff. 1-1-11.