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DOT Issues Warning to REALTORS® About Real
Estate Signs
by Tom Larson
The Wisconsin Department of Transportation (DOT) has issued a
written warning to REALTORS® in some parts of the state regarding "for
sale" signs erected within the highway right-of-way and off-premise
signs. While this is not a new law, nor is DOT taking a new position
on enforcement, the notice is being sent out as a periodic update to
remind REALTORS® of existing law.
Under Wis. Stat. Sec. 86.19(1), all signs (except for state and
municipal traffic and warning signs) are prohibited from being placed
within the right-of-way of any street or highway. This includes for
sale signs, open house signs, directional arrows, and all other signs.
As a general rule, the highway right-of-way in rural areas extends to
beyond both shoulders and ditches. In urban areas along the state
highway system, signs are prohibited from the roadway area to at least
one foot past the sidewalk. In urban areas without sidewalks, signs
must be at least 15 feet from the pavement edge. Furthermore,
signposts, street name marker posts and most utility poles are
generally within the highway right-of-way, so these too serve as good
markers.
If signs are found on a highway right-of-way without a permit, the
DOT will remove the signs and store them up to 30 days for pick up at
the county highway department. Highway workers will typically contact
a real estate office and ask them to voluntarily remove the sign.
However, signs that pose a traffic safety hazard will be dealt with
promptly. Highway crews are asked to make reasonable attempts to
preserve real estate signs that are taken down. State law (Section
86.19) does provide for a $10 to $100 fine for signs that violate the
law, and a $10 to $500 fine for subsequent violations.
Off-premise Signs
State law also prohibits off-premise signs, unless an outdoor
advertising permit is obtained from the DOT. (Current outdoor
advertising permits cost $113.) Signs which advertise properties
located someplace else (down the road, for example) are considered off
premise signs. Off premise signs must also be located outside the
highway right-of-way. If off-premise signs are located along a state
highway without an outdoor advertising permit, the DOT will remove
these signs.
On-premise Signs
Real estate signs are allowed on private property without an outdoor
advertising permit, but some restrictions apply. On-premise signs real
estate signs may not:
- exceed 32 square feet in size,
- contain flashing lights or moving parts,
- exceed more than one real estate sign on the property facing
each direction of travel,
- be erected in a location where it constitutes a traffic hazard;
or
- be erected until the property is actually offered for sale or
lease and must be removed within seven days after the property is
sold or leased.
If all of these restrictions are not met, an outdoor advertising
permit must first be obtained from the DOT
Miscellaneous
While the DOT notices have applied to signs located in the
right-of-way, state law also prohibits signs in highway medians.
Furthermore, local municipalities may have additional guidelines
regulating the placement of political signs along county highways or
local roads and streets. To avoid the hassle of sign removals or
possible fines, REALTORS® should also check with their local
municipalities about any local sign regulations before placing real
estate signs near local streets.
More Information
For questions about specific properties or more information on the
DOT's enforcement policies in your area, contact the DOT
transportation district where the property is located:
Madison Transportation District 1
Columbia, Dane, Dodge, Grant, Green, Iowa, Jefferson, Lafayette,
Rock and Sauk counties
Rose Phetteplace, Director
2101 Wright Street
Madison, WI 53704-2583
Phone: (608)246-3800
Fax: (608)246-7996
TTY: (608)246-5385
E-mail:
madison.dtd@dot.state.wi.us
Waukesha Transportation District 2
Fond du Lac, Kenosha, Milwaukee, Ozaukee, Racine, Walworth,
Washington and Waukesha counties
Les Fafard, Director
141 NW Barstow Street
Waukesha, WI 53187-0798
Phone: (262)548-5902
Fax: (262)548-5662
TTY: (262)548-8801
E-mail:
waukesha.dtd@dot.state.wi.us
Green Bay Transportation District 3
Brown, Calumet, Door, Kewaunee, Manitowoc, Marinette, Menominee,
Oconto, Outagamie, Shawano, Sheboygan and Winnebago counties
Will Dorsey, Acting District Director
944 Vanderperren Way
Green Bay, WI 54324-0080
Phone: (920)492-5643
Fax: (920)492-5640
TTY: (920)492-5673
E-mail:
greenbay.dtd@dot.state.wi.us
Wisconsin Rapids Transportation District 4
Adams, Green Lake, Juneau, Marathon, Marquette, Portage, Waupaca,
Waushara, and Wood counties
Mike Berg, Director
1681 Second Avenue South
Wisconsin Rapids, WI 54495
Phone: (715)421-8300, 1(800)238-5575
Fax: (715)423-0334
TTY: (715)421-8018
E-mail:
wisrapids.dtd@dot.state.wi.us
La Crosse Transportation District 5
Buffalo, Crawford, Jackson, La Crosse, Monroe, Richland, Trempealeau
and Vernon counties
Joe Olson, Director
3550 Mormon Coulee Road
La Crosse, WI 54601
Phone: (608)785-9022
Fax: (608)785-9969
TTY: (608)789-7862
E-mail:
lacrosse.dtd@dot.state.wi.us
Eau Claire Transportation District 6
Chippewa, Clark, Dunn, Eau Claire, Pepin, Pierce, St. Croix and
Taylor counties
Don Gutkowski, Director
718 W. Clairemont Avenue
Eau Claire, WI 54701-5108
Phone: (715)836-2891, 1(800)991-5285
Fax: (715)836-2807
TTY: (715)836-6578
E-mail:
eauclaire.dtd@dot.state.wi.us
Rhinelander Transportation District 7
Florence, Forest, Iron, Langlade, Lincoln, Oneida, Price and Vilas
counties
Dan Grasser, Director
500 Hanson Lake Road
Rhinelander, WI 54501-0777
Phone: (715)365-3490
Fax: (715)365-5780
TTY: (715)365-5719
E-mail:
rhinelander.dtd@dot.state.wi.us
Superior Transportation District 8
Ashland, Barron, Bayfield, Burnett, Douglas, Polk, Rusk, Sawyer and
Washburn counties
Jerry Mentzel, Director
1701 N. 4th Street
Superior, WI 54880
Phone: (715)392-7925
Fax: (715)392-7863
E-mail:
superior.dtd@dot.state.wi.us
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