Wisconsin Statutes

Wis. Stat. § 82.50 (2026)

Town road standards

✓ current as of July 2026
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82.5082.50Town road standards.
82.50(1)(1)The following minimum geometric design standards are established for improvements on town roads:
82.50(1)(a)(a) Local service, intermittent traffic
82.50(1)(a)1.1. Right-of-way   3 rods
82.50(1)(a)2.2. Roadway width   20 feet
82.50(1)(a)3.3. Surface width   16 feet
82.50(1)(b)(b) Under 100 ADT
82.50(1)(b)1.1. Right-of-way   3 rods
82.50(1)(b)2.2. Roadway width   24 feet
82.50(1)(b)3.3. Surface width   18 feet
82.50(1)(b)4.4. Maximum grades   9 percent-11 percent
82.50(1)(c)(c) 100 to 250 ADT
82.50(1)(c)1.1. Right-of-way   4 rods
82.50(1)(c)2.2. Roadway width   26 feet
82.50(1)(c)3.3. Surface width   20 feet
82.50(1)(c)4.4. Maximum grades   8 percent-11 percent
82.50(1)(d)(d) 251 to 400 ADT
82.50(1)(d)1.1. Right-of-way   4 rods
82.50(1)(d)2.2. Roadway width   32 feet
82.50(1)(d)3.3. Surface width   22 feet
82.50(1)(d)4.4. Maximum grades   6 percent-8 percent
82.50(1)(d)5.5. Curvature   6°-12.5°
82.50(1)(e)(e) 401 to 1,000 ADT
82.50(1)(e)1.1. Right-of-way   4 rods
82.50(1)(e)2.2. Roadway width   34 feet
82.50(1)(e)3.3. Surface width   22 feet
82.50(1)(e)4.4. Maximum grades   5 percent-8 percent
82.50(1)(e)5.5. Curvature   5°-12.5°
82.50(1)(f)(f) 1,001 to 2,400 ADT
82.50(1)(f)1.1. Right-of-way   4 rods
82.50(1)(f)2.2. Roadway width   44 feet
82.50(1)(f)3.3. Surface width   24 feet
82.50(1)(f)4.4. Maximum grades   5 percent-7 percent
82.50(1)(f)5.5. Curvature   4.5°-7.5°
82.50(1)(g)(g) Over 2,400     State trunk standards
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(3)(3)This section does not apply to improvements on town roads existing on October 1, 1992.
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). · cites it 9× “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). · cites it 30× “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). · cites it 30× “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). · cites it 20× “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.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.