Highway Right of Way

Highway Right of Way Issues:

The width of the Town road Right of Way by Wisconsin Law (WI Stat 82.18) is presumed to be 66 feet or 33 feet on either side of the center line (when no government acquisition records exist).

The Town is responsible for removal of trees, brush, and other vegetation in the right of way (which may include crops approaching the Town roads) in order to keep the roads safe for travel (WI Stat 82.03 and 893.83). Note: If any tree falls from adjacent land into any road right-of-way, the owner or occupant of the land shall immediately remove the tree from the road right-of-way. If the property owner following notice from the Town does not remove the tree, the Town may remove any fallen tree or trees therein and charge the cost to the property owner (WI Stat 66.0627).

Legal Discussions from Wisconsin Towns Association with Reference to WI Statutes:

Permitting Activities in the Right of Way (April 2018)
Highway Right of Way Issues (Dec. 2016)
Managing Highway Right of Ways (August 2014))