Green Lake County, WI Article VI Highway Setback Lines

§ 350-48 Setback lines established.

Setback lines are hereby established in Green Lake County outside the limits of incorporated cities and villages along all public highways and at the intersections of highways with highways and highways with railway, as hereinafter provided. Where a highway is located on a county, city or village boundary, this section shall not be effective on the side of such highway that is within the city or village or the adjoining county.

§ 350-49 Center lines of highways.

The position of the center line of any road or highway shall be determined as follows:

A. State trunk highways that have been improved, in accordance with surveys of the State Highway Commission or plans accepted by the County Board; County trunk highways that have been improved, in accordance with engineering surveys and plans accepted by the County Board or its agent, the County Highway Committee; town roads that have been improved, in accordance with engineering surveys and plans accepted by the County or Town Board. The center line of any of the above roads or highways is the center of the surfacing or pavement or, if there is none, the center of the graded roadbed, or the center of the directional separator, if the highway is directionally divided.

B. County trunk highways that have not been improved, in accordance with engineering surveys and plans accepted by the County Board or its agent, the County Highway Committee; town roads that have not been improved, in accordance with engineering surveys and plans accepted by the County or Town Board. The center line of any of the above roads or highways is at the midway point between fences or other markers indicating the boundaries of the highway on opposite sides thereof.

§ 350-50 Setback distances.

[Amended 8-19-2014 by Ord. No. 1092-2014]

Except as otherwise provided in the specific zoning district, the distances from the center line, as defined by § 350-49 of this article, or from the front line to the setback line shall be as provided by the following subsections. Whenever a highway is improved to a classification requiring a greater setback distance than that required by this chapter prior to such improvement, the setback distance shall not be affected by such improvement. In cases where the provisions of this section may be interpreted to provide for different setback distances, the greater setback distance shall prevail, but this regulation shall not apply to streets in platted subdivisions.

A. Along highways generally. The setback distance from the center line or right-of-way line, at any point, for the respective classes of highways shall be as follows:

[Amended 11-14-2017 by Ord. No. 22-2017; 3-19-2019 by Ord. No. 2-2019; 8-18-2020 by Ord. No. 9-2020; 9-21-2021 by Ord. No. 30-2021]

Highway Classification	Setback From Center Line (feet)	Setback From Street Lot Line (feet)
State trunk highways	110	Not less than 67
County trunk highways	75	Not less than 40
Town roads, except in platted subdivisions or nonriparian lots or parcels	75	Not less than 40
Town roads in platted subdivisions		30
Town roads accessed by a riparian lot		25

B. At ordinary highway intersections. At grade intersections of highways, there shall be vision clearance triangles in each sector of such intersections. Each such vision clearance triangle shall be established by a supplementary setback line, which shall be a straight line connecting points located on the setback lines along the intersecting highways and 60 feet back from the intersection of such setback lines, provided that this requirement shall not apply to streets in platted subdivisions.

C. At highway intersections with transitional widening. At intersections of highways with other highways provided with transitional widening of pavement or surfacing, such transitional widening shall be considered as additional width, and the setback line on the side that is widened shall be increased by the amount equal to the width of the additional pavement.

D. At highway intersection with curve connections. At intersections of highways with other highways, where the intersecting highways are connected with pavement or surfacing constructed on a curve, the pavement or surfacing of the curve shall be classified as provided by § 350-49 of this section, and the setback distance along the curve shall be measured from the center line of the curved section determined accordingly.

E. At railroad grade crossings. At grade intersections of highways with railroads, there shall be vision clearance triangles in each sector of the intersections. Each such vision clearance triangle shall be established by a supplementary setback line, which shall be a straight line connecting points located on the setback lines along the highway and the railroad right-of-way lines and 100 feet back from the intersections of such highway setback lines and railroad right-of-way lines.

§ 350-51 Structures prohibited within setback lines.

[Amended 11-14-2017 by Ord. No. 22-2017; 3-19-2019 by Ord. No. 2-2019]

No new building, new sign, new privacy fence or other new structure, including cemeteries, nor any part thereof, shall be placed between the setback lines established by this chapter and the highway except as provided by this chapter. No building, sign, structure or part thereof existing within such setback lines on the effective date of this chapter shall be altered, enlarged or added to in any way that increases or prolongs the permanency thereof, unless granted a variance by the Board of Adjustment.

§ 350-52 Structures permitted within setback lines.

A. The following kinds of structures may be placed between the setback lines and the highway:

(1) Open fences, height not to exceed four feet (adjacent grade to maximum vertical extent).

[Amended 8-18-2020 by Ord. No. 9-2020]

(2) Telephone, telegraph and power transmission poles and lines and microwave radio relay structures, except satellite earth stations, may be constructed within the setback lines, provided that the owner will file with the Land Use Planning and Zoning Department of Green Lake County an agreement, in writing, to the effect that the owner will remove all new construction, additions and replacements erected after the adoption of this chapter, at his expense, when necessary for the improvement of the highway and pay a recording fee.

[Amended 11-14-2017 by Ord. No. 22-2017]

(3) Underground structures not capable of being used as foundations for future prohibited overground structures.

(4) Access of service highways constructed according to plans as approved by the County Highway Committee. In giving such approval, the County Highway Committee shall give due consideration to highway safety.

(5) Signs placed by the public authorities for the guidance or warning of traffic.

(6) Signs permitted in the agriculture districts.

(7) Temporary structures permitted in the commercial and industrial districts.

(8) Uncovered landings and steps, not exceeding 24 inches in height from adjacent grade, the sole purpose of which is to provide ingress to and egress from a nonconforming single-family dwelling to the highway setback. In these cases, these structures shall be constructed to meet the minimum standards set forth in SPS 140 321.04, Wis. Admin. Code.

[Added 8-18-2020 by Ord. No. 9-2020]

(9) Retaining and decorative landscape walls may be allowed in the street yard, side yard and rear yard with a minimum zero-foot setback.

[Added 8-18-2020 by Ord. No. 9-2020]

(10) Irrigation and liquid manure transport piping and structures that are necessary for underground pipeline maintenance.

[Added 9-20-2022 by Ord. No. 17-2022]

B. This section shall not be interpreted so as to prohibit the planting and harvesting of field crops, shrubbery or trees, provided that no field crops, shrubbery, trees, buildings or structures shall be located, maintained or permitted to grow so that the view across the sectors at the intersections, as provided by § 350-50B, C, D and E of this article, shall be obstructed.