Removal of vegetation obstructing outdoor advertising signs, the official text

2025 - 2026 LEGISLATURE
LRB-3369/1
ZDW:klm

2025 SENATE BILL 525
October 9, 2025 - Introduced by Senators Tomczyk, Jacque, Nass and Wanggaard, cosponsored by Representatives Maxey, O'Connor, Armstrong, Behnke, Goeben, Gundrum, Gustafson, B. Jacobson, Knodl, Melotik, Mursau, Penterman, Spiros, Steffen, Tucker, Wichgers and Doyle. Referred to Committee on Transportation and Local Government.

An Act to repeal 84.305 (2m) (a), 84.305 (3) (i) and 84.305 (5) (f) 2.; to amend 84.305 (2), 84.305 (3) (a), 84.305 (3) (b), 84.305 (3) (g), 84.305 (4), 84.305 (5) (a), 84.305 (5) (ag), 84.305 (5) (d), 84.305 (5) (f) 1. and 84.305 (6) (a); to create 84.305 (1) (ar), 84.305 (1) (hm), 84.305 (2m) (ar), 84.305 (3r) and 84.305 (5) (f) 3. of the statutes; relating to: removal of vegetation obstructing outdoor 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:

Section 1. 84.305 (1) (ar) of the statutes is created to read:
84.305 (1) (ar) “Living snow fence” means 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.
Section 2. 84.305 (1) (hm) of the statutes is created to read:

84.305 (1) (hm) “Viewing window” means, with respect to a sign, the area in which vegetation removal is authorized by permit within the viewing zone for the sign, extending on the main-traveled way of the highway nearest the sign for the direction of travel for which the sign face is oriented and extending, in the direction opposite of the direction of travel of the main-traveled way from which the sign face is visible and intended to be viewed, in a line along the highway pavement edge for a distance of 500 continuous feet.
Section 3. 84.305 (2) of the statutes is amended to read:
84.305 (2) Notwithstanding ss. 66.1037 and 86.03, and subject to sub. subs. (2m) and (3r), upon application, the department shall issue permits to sign owners for the trimming or removal of vegetation that is located in the right-of-way of a highway under the jurisdiction of the department for maintenance purposes and that obstructs a sign if, within a distance of 500 continuous feet along any portion of the viewing zone, any portion of the face of the sign is not viewable because of an obstruction to sight by vegetation in the highway right-of-way.
Section 4. 84.305 (2m) (a) of the statutes is repealed.
Section 5. 84.305 (2m) (ar) of the statutes is created to read:
84.305 (2m) (ar) A person may apply for a permit under this section for new sign locations prior to the construction of the sign.
Section 6. 84.305 (3) (a) of the statutes is amended to read:
84.305 (3) (a) Subject to pars. (d) to (i) (h) and subs. (2m) (b), (4), and (6), a permit issued under this section authorizes the permittee to trim or remove obstructing vegetation in the viewing window to the extent necessary to eliminate the obstruction and provide an unobstructed view of a sign for 500 continuous feet
within the viewing zone. A permit issued under this section shall specify the vegetation or the portion of the highway right-of-way to which the permit applies.
Section 7. 84.305 (3) (b) of the statutes is amended to read:
84.305 (3) (b) An application for a permit under this section shall specifically describe the work proposed by the applicant. The department shall grant or deny an application for a permit under this section, and notify the applicant of the department’s decision, within 60 calendar days of the department’s initial receipt of the application. If the department denies an application for a permit under this section, the department shall notify the applicant of reasons for the denial. If the department does not approve or deny the application within 60 calendar days of the department’s initial receipt of the application, the application shall be deemed approved and the applicant may schedule vegetation removal with the state outdoor advertising coordinator for the appropriate region.
Section 8. 84.305 (3) (g) of the statutes is amended to read:
84.305 (3) (g) A permit issued under this section may not authorize the permittee to clear-cut any the highway right-of-way in a specified viewing window. The permit authorizes the permittee to trim or remove only the vegetation specified in the permit, or only vegetation within the area of the right-of-way specified in the permit, in accordance with the terms of the permit. All trimming of vegetation authorized under a permit shall be performed in compliance with applicable standards of the American National Standards Institute, but if the trimming cannot be accomplished in compliance with these standards, the vegetation may be removed as provided in sub. (5).

Section 9. 84.305 (3) (i) of the statutes is repealed.
Section 10. 84.305 (3r) of the statutes is created to read:
84.305 (3r) (a) A sign owner who was issued a permit under sub. (2) on or after May 19, 2012, is not required to apply for subsequent permits for the same sign and may trim or remove vegetation in the sign’s specified viewing window without additional approval or supervision by the department.
(b) A sign owner acting under the authority of par. (a) shall notify the department not less than 15 calendar days prior to any trimming or removal of vegetation within the sign’s specified viewing window. No later than 15 calendar days after the trimming or removal of vegetation, the sign owner must submit to the department photographs of the sign site before and after the trimming or removal of vegetation.
Section 11. 84.305 (4) of the statutes is amended to read:
84.305 (4) Each permit Permits issued under this section shall authorize the permittee to employ 3rd-party contractors, including any arborist or landscape contractor, to perform work authorized under the permit. Each permit issued under this section shall require the permittee to retain a certified arborist for the purposes specified in sub. (5) (d). A permittee shall be responsible for any such work performed by a contractor on behalf of the permittee that is not authorized by the permit as if the work were performed directly by the permittee.
Section 12. 84.305 (5) (a) of the statutes is amended to read:
84.305 (5) (a) Each permit issued under this section shall require a permittee that removes any tree with a diameter of 2 inches or more as measured at breast
height that is part of a living snow fence to compensate the department for all such trees removed, in compliance with the requirements under pars. (d) and (f).
Section 13. 84.305 (5) (ag) of the statutes is amended to read:
84.305 (5) (ag) Each permit issued under this section shall require a permittee that removes vegetation to also remove the vegetation’s stump, to grade level, and to dispose of all vegetation removed, including the stump, at a location away from the highway right-of-way. This paragraph applies to all vegetation removal, including first-time permittees, viewing window maintenance, and maintenance or removal of a living snow fence.
Section 14. 84.305 (5) (d) of the statutes is amended to read:
84.305 (5) (d) 1. For each permit issued under sub. (2), a certified arborist retained by the permittee the department shall determine the number of trees with a diameter of 2 inches or more, as measured at breast height, that are to be removed.
3. In calculating the total number of trees under subd. 1., a certified arborist shall the department may not include any vegetation that was dead, diseased, or determined to be an invasive species at the time of its removal. The applicant shall be allowed to remove any dead, diseased, or invasive species within the viewing window, regardless of whether it obstructs the view of the sign.
4. In determining whether a tree with multiple leaders has a diameter of 2 inches or more, as measured at breast height, for purposes of calculating the total number of trees under subd. 1., a certified arborist the department shall consider only the diameter of the tree’s largest leader.
Section 15. 84.305 (5) (f) 1. of the statutes is amended to read:

84.305 (5) (f) 1. A permittee shall compensate the department $200, as adjusted under subd. 2., $300 for each tree removed under a permit, as calculated by the certified arborist retained by the permittee the department according to the method specified in par. (d).
Section 16. 84.305 (5) (f) 2. of the statutes is repealed.
Section 17. 84.305 (5) (f) 3. of the statutes is created to read:
84.305 (5) (f) 3. The department shall use the amounts paid to the department under subd. 1. to plant living snow fences.
Section 18. 84.305 (6) (a) of the statutes is amended to read:
84.305 (6) (a) The department shall have authority to supervise and determine how ensure the work authorized under a permit issued under this section is carried out in accordance with all associated vegetation removal guidelines.
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