Wisconsin Statutes
Wis. Stat. § 82.12 (2026)
Highway order
✓ current as of July 2026
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82.12(1)(1) A town board shall make a determination upon any application or resolution to lay out, alter, or discontinue any highway within 90 days after receipt of the application or introduction of a resolution.
82.12(2)(2) If the board determines under sub. (1) to lay out, alter, or discontinue any highway, it shall issue a highway order. The highway order shall be recorded with the register of deeds for the county in which the highway is or will be located and shall be filed with the town clerk. The town clerk shall submit a certified copy of the order to the county highway commissioner. If the town has an official map, the order shall be incorporated into the official map.
82.12(3)(3) The determination not to issue a highway order shall be final for one year. No application to lay out, alter, or discontinue a highway shall be filed within one year from the date of a determination not to issue a highway order covering the highway or portion of the highway covered in the refused application.
82.12 NoteNOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
Notes of Decisions
Cited in 6
cases (2 in the last 5 years), 2010–2026 · leading case: Margaret Pulera v. Town of Richmond, 2017 WI 61 (Wis. 2017).
Margaret Pulera v. Town of Richmond, 2017 WI 61 (Wis. 2017). “2015AP1016 & 2015AP1119 ¶20 Pursuant to Wis. Stat. § 82.12 (2), a town board must issue a "highway order" if it decides to grant a petition or approve a resolution to lay out, alter or discontinue a highway.”
Dawson v. Town of Jackson, 2011 WI 77 (Wis. 2011). “Wis. Stat. § 82.12 (2). ¶ 24. "Upon completion of the requirements of sub.”
Zelman v. Town of Erin, 917 N.W.2d 222 (Wis. Ct. App. 2018). “" ¶ 16 Significantly, our supreme court in Pulera recently addressed whether an oral vote by a town board constituted "receipt of the final determination" under WIS.”
Dawson v. Town of Jackson, 2010 WI App 24 (Wis. Ct. App. 2010). “Under Wis. Stat. § 82.12 (1), the towns must act together to "make a determination" on the application within ninety days.”
John P. Werler v. Douglas Berends (Wis. Ct. App. 2024). “There is no dispute that the Town discontinued Old Tabor Lake Road by the 2007 Resolution, which became a “highway order” within the meaning of § 82.12 (2021-22), by recording it with the Burnett County Register of Deeds on June 27, 2007.”
George D. Knapp v. Town of Drummond (Wis. Ct. App. 2026). “§ 82.12(1). Before making this determination, the town supervisors must “personally examine the highway” that is the subject of the resolution.”
— Wis. Stat. § 82.12(1) — 1 case
George D. Knapp v. Town of Drummond (Wis. Ct. App. 2026). “§ 82.12(1). Before making this determination, the town supervisors must “personally examine the highway” that is the subject of the resolution.”
— Wis. Stat. § 82.12(2) — 2 cases
Zelman v. Town of Erin, 917 N.W.2d 222 (Wis. Ct. App. 2018). “" ¶ 16 Significantly, our supreme court in Pulera recently addressed whether an oral vote by a town board constituted "receipt of the final determination" under WIS.”
John P. Werler v. Douglas Berends (Wis. Ct. App. 2024). “There is no dispute that the Town discontinued Old Tabor Lake Road by the 2007 Resolution, which became a “highway order” within the meaning of § 82.12 (2021-22), by recording it with the Burnett County Register of Deeds on June 27, 2007.”
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