Wisconsin Statutes
Wis. Stat. § 82.50 (2026)
Town road standards
✓ current as of July 2026
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82.50(1)(1) The following minimum geometric design standards are established for improvements on town roads:
82.50(2)(2) The department may approve deviations from the minimum standards in special cases where the strict application of the standards is impractical and where such deviation is not contrary to the public interest and safety and the intent of this section.
82.50 HistoryHistory: 1981 c. 20; 1987 a. 137 s. 6; 1989 a. 56; 1991 a. 39; 1993 a. 490; 1999 a. 85; 2003 a. 214 s. 182; Stats. 2003 s. 82.50.
82.50 NoteNOTE: 2003 Wis. Act 214, which affected this section, contains extensive explanatory notes.
82.50 AnnotationThis section vests in a town a certain degree of discretion with respect to complying with minimum standards for town roads. Nothing in the statutes controls the circumstances in which a town may apply for a deviation under sub. (2), which indicates that the application is left to the town’s discretion. DSG Evergreen Family Limited Partnership v. Town of Perry, 2020 WI 23, 390 Wis. 2d 533, 939 N.W.2d 564, 17-2352.
82.50 AnnotationSub. (1) does not impose obligations on a town that are susceptible to a declaration of rights, nor does it create a private cause of action by which a plaintiff can recover damages for an alleged failure to construct a proper road. DSG Evergreen Family Limited Partnership v. Town of Perry, 2020 WI 23, 390 Wis. 2d 533, 939 N.W.2d 564, 17-2352.
Notes of Decisions
Cited in 4
cases, 2011–2020 · leading case: Affeldt v. Green Lake Cnty., 2011 WI 56 (Wis. 2011).
Affeldt v. Green Lake Cnty., 2011 WI 56 (Wis. 2011). “The court of appeals reasoned that because Highway B is indisputably a recorded, laid out highway, it conclusively has a four rod right-of-way pursuant to Wis. Stat. § 82.50 (1). Affeldt, No. 2009AP2315, unpublished slip op.”
DSG Evergreen Fam. Ltd. P'ship v. Town of Perry, 2020 WI 23 (Wis. 2020). “DSG says the Town failed to build the road to the standards required by either the condemnation petition or Wis. Stat. § 82.50 (1) (2017-18),1 1All subsequent references to the Wisconsin Statutes are to the 2017-18 version unless otherwise indicated.”
DSG Evergreen Fam. Ltd. P'ship v. Town of Perry, 2020 WI 23 (Wis. 2020). “DSG says the Town failed to build the road to the standards required by either the condemnation petition or Wis. Stat. § 82.50 (1) (2017-18),1 1All subsequent references to the Wisconsin Statutes are to the 2017-18 version unless otherwise indicated.”
DSG Evergreen Fam. Ltd. v. Town of Perry, 925 N.W.2d 782 (Wis. Ct. App. 2018). “The old field road was constructed by DSG based on its plans to create impervious surfaces (as an example, asphalt on the road) to reach a proposed house and agriculture building to be located on DSG's property, and DSG also wanted the new field road to be an impervious surface…”
— Wis. Stat. § 82.50(1) — 2 cases
Affeldt v. Green Lake Cnty., 2011 WI 56 (Wis. 2011). “The court of appeals reasoned that because Highway B is indisputably a recorded, laid out highway, it conclusively has a four rod right-of-way pursuant to Wis. Stat. § 82.50 (1). Affeldt, No. 2009AP2315, unpublished slip op.”
DSG Evergreen Fam. Ltd. v. Town of Perry, 925 N.W.2d 782 (Wis. Ct. App. 2018). “The old field road was constructed by DSG based on its plans to create impervious surfaces (as an example, asphalt on the road) to reach a proposed house and agriculture building to be located on DSG's property, and DSG also wanted the new field road to be an impervious surface…”
— Wis. Stat. § 82.50(3) — 1 case
Affeldt v. Green Lake Cnty., 2011 WI 56 (Wis. 2011). “The court of appeals reasoned that because Highway B is indisputably a recorded, laid out highway, it conclusively has a four rod right-of-way pursuant to Wis. Stat. § 82.50 (1). Affeldt, No. 2009AP2315, unpublished slip op.”
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