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2023 Op. Wis. Att'y Gen. 1 (2023)

handle is hein.sag/sagwi2023 and id is 1 raw text is: 


      ;    STATE   OF  WISCONSIN
            DEPARTMENT OF JUSTICE
Josh Kaul                                                          Room 114 East, State Capitol
Attorney General                                                   P.O. Box 7857
                                                                   Madison, WI 53707-7857
                                                                   (608) 266-1221
                                                                   TTY 1-800-947-3529




                                      June 22, 2023

                                                                       OAG-01-23

     Ms. Rhonda  K. Gorden
     Ozaukee  County Corporation Counsel
     1201 South Spring Street
     Port Washington, WI  53074

     Dear  Corporation Counsel Gorden:

           ¶ 1.  You  have requested an opinion about the interplay between Wis. Stat.
      §§ 82.08 and 84.18, statutes providing for funding for the construction and repair of
      bridges. Specifically, you ask whether section 82.08 allows a town to apply for funds
      from a county for the remaining cost of a bridge project after section 84.18 funds have
      already been obtained for the project. Based upon the statutes' plain language and
      the statutory context, I conclude that the answer is no. A town cannot utilize funding
      under both provisions and still comply with the statutes' conflicting requirements for
      which entity supervises a project.

           ¶ 2.  Your  request relates to funding a  bridge project in the Town  of
      Cedarburg. The  Town   received approval from      the Wisconsin Department of
      Transportation for a bridge project under Wis. Stat. § 84.18. Pursuant to Wis. Stat.
      § 84.18(3), DOT will provide funding for 80% of the cost of the project. The Town then
      petitioned Ozaukee County under Wis. Stat. § 82.08(1) to request that the County
      share in funding the remaining 20% of the project's cost.

           ¶ 3.  The question is whether funding under Wis. Stat. § 82.08(1) is available
     for a project already funded under Wis. Stat. § 84.18. That question can be answered
     by analyzing the text of both statutes.

           ¶ 4.  The first statute, Wis. Stat. § 84.18, is entitled Local bridge program
      and establishes a program to accelerate the reconstruction or rehabilitation of
      seriously deteriorating local bridges. Wis. Stat. § 84.18(1). DOT administers the
      program, which provides an entitlement of funds to the [c]oordinating agency,
      namely, the county which coordinates the submission of applications from eligible

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