1. (1) Determination of eligibility. A local bridge project is eligible for funds under s. 84.18, Stats., if it meets the following criteria:

   1. (a) The bridge has observed deficiencies documented in the most recent inspection.
   2. (d) The bridge has not been programmed for construction under an order by the department under s. 84.11 (4), Stats.

   3. (e) The bridge is eligible for preservation if the deck condition rating is 9, 8, 7, or 6. The bridge is eligible for rehabilitation if the deck condition rating is 6, 5, 4, 3, 2, 1, or 0. The bridge is eligible for rehabilitation if the superstructure, substructure or culvert condition rating is 9, 8, 7, or 6. The bridge is eligible for reconstruction if the superstructure, substructure or culvert condition rating is 6, 5, 4, 3, 2, 1, or 0.

      Note: Eligible preservation and rehabilitation project scopes based on deck condition rating are defined in Chapter 41.4.1 of the Wisconsin Bridge Manual. Eligible rehabilitation and reconstruction project scopes based on superstructure, substructure, or culvert condition rating are defined in Chapter 41.4.1 of the Wisconsin Bridge Manual. The Wisconsin Bridge Manual is available at: https://wisconsindot.gov/Pages/doing-bus/eng-consultants/cnslt-rsrces/strct/inspection-manual.aspx

2. (2) Replacement, rehabilitation, and preservation. The department shall publish a bridge project scope eligibility list.

   1. (a) An eligible local bridge project under sub. (1) may be submitted for replacement if the department has an identified replacement scope in the bridge project scope eligibility list. If the bridge does not appear on the list as replacement-eligible, the local owner may submit an application with a replacement scope, but the application shall be accompanied by an engineering study providing justification. The justification should consider the timing of the proposed project, alternative scopes, safety of the traveling public, maintaining serviceability of the structure, and cost-benefit of the proposed scope versus other viable options.
   2. (b) An eligible local bridge project under sub. (1) may be submitted for rehabilitation if the bridge has an identified rehabilitation scope in the most recent bridge project scope eligibility list. If the bridge does not appear on the list as rehabilitation-eligible, the local owner may submit an application for rehabilitation, but the application shall be accompanied by an engineering study providing justification for the rehabilitation. The justification should consider the timing of the proposed project, alternative scopes, safety of the traveling public, maintaining serviceability of the structure, and cost-benefit of the proposed scope versus other viable options.
   3. (c) An eligible local bridge project under sub. (1) may be submitted for preservation if the bridge has an identified preservation action in the most recent bridge project scope eligibility list. If the bridge does not appear on the list, the local owner may submit an application for preservation, but it shall be accompanied by an engineering study providing justification for the preservation. The justification should consider the timing of the proposed project, safety of the traveling public, maintaining serviceability of the structure, and cost-benefit of the proposed scope verses other viable options.
3. (3) Application. Application for replacement or rehabilitation funds may be made by any eligible applicant to the county in which it is located. Each county shall establish priorities for proposed projects in the county. Applications for proposed projects shall be submitted to the department by each county, upon notification by the department.

4. (4) Determination of entitlement.

   1. (a) The proportionate share of the funds available to each county shall be the ratio of the estimated cost of rehabilitating or replacing those eligible local bridges in the county to the estimated cost of rehabilitating or replacing all eligible local bridges in the state.
   2. (b) Each county’s entitlement shall be computed by adding the positive or negative balance of unused funds from previous years to the proportionate share for the fiscal period under consideration.

   3. (c) The proposed projects shall be ranked according to the ratio of the funds requested for the proposed project to the entitlement of the county. Projects within each county shall be listed in priority order as submitted by the coordinating agency. The projects shall then be ranked on a statewide basis such that the proposed projects using the least percentage of a county’s entitlement shall be ranked first and progressing to the proposed projects using the greatest percentage of a county’s entitlement. Funds requested for multiple projects in a county shall be accumulated in priority order for ranking purposes.

      Note: The statewide project ranking and calculation methodology is explained in the Local Bridge Improvement Assistance program guideline document. This document is available at: https://wisconsindot.gov/Documents/doing-bus/local-gov/astnce-pgms/highway/local-bridge.pdf.

   4. (d) A bridge which crosses a county line shall be treated as being 50% in each county unless another percentage figure is determined by the department to be more equitable.
   5. (e) Funds shall be assigned to projects in order of rank, starting with rank #1 to the limit of available funds in each fiscal period. The department shall notify the counties of the assigned funding to approved projects.
   6. (f) Assigned funds shall be available for projects for the duration of the fiscal period in which they are assigned. Any project not authorized in the fiscal period for which funds are assigned shall lose approved status and shall be requested in a subsequent period if the county wishes to pursue the project.
   7. (g) The department may make adjustments to the assigned funds for a project and to the schedule of approved projects within a fiscal period to assure the efficient management of the program.

5. (5) Financial participation. The department shall provide the percentage of the cost of a local bridge project, consistent with the applicable federal aid programs, and the remainder of the cost shall be provided by the applicant.

   Note: The current applicable federal aid programs are administered under 23 USC 120 appropriations or authorizations acts related to title 23 of the United States Code or bridge-related federal appropriation under Pub. L. 117-58, Infrastructure Investment and Jobs Act.

6. (6) Project agreements. Each project which is assigned funds under this chapter shall be the subject of a formal agreement between the state and the applicant.

History

History: Cr. Register, February, 1982, No. 314, eff. 3-1-82; am. (1) (b), (2), (3) (a) to (c), (e) and (f) and (4), cr. (1) (c) and (3) (g), Register, July, 1992, No. 439, eff. 8-1-92; r. and recr. (1), renum. (2) to (5) to be (3) to (6) and am. (3), (4) (a), (b) and (e), cr. (2), Register, December, 1999, No. 528, eff. 1-1-00; EmR2509: emerg. am. (1) (a), r. (1) (b), (c), cr. (1) (e), am. (2) (title), cr. (2) (intro.), am. (2) (a), (b), cr. (2) (c), am. (4) (a), (5), eff. 7-28-25; CR 25-022: am. (1) (a), r. (1) (b), (c), cr. (1) (e), am. (2) (title), cr. (2) (intro.), am. (2) (a), (b), cr. (2) (c), am. (4) (a), (5) Register March 2026 No. 843, eff. 4-1-26; correction in (2) (a) to (c) made under s. 35.17, Stats., Register March 2026 No. 843.