Waukesha County Snow Removal logoWaukesha County Snow Removal (262) 333-0458
Waukesha County, Wisconsin

Snow Plowing for Private Road Associations

On a county trunk highway the plow is the county’s. On a village street it is the village’s. On a private subdivision road in Lake Country it is nobody’s until the road association hires one.

Road associations are matched with independent contractors who plow under their own business name and insurance. This site arranges the introduction and owns no truck.

The Fact Pattern

Chenequa Says It in the Code; the Rest of Lake Country Says It on the Plat

The Village of Chenequa’s zoning code, Chapter 6, § 6.17(4)(b)(ii), designates subdivision roads “private rather than public” and requires maintenance easements. It is the one place in Waukesha County where the private-road pattern is written into an ordinance rather than left to each plat. It is also the only primary confirmation available: no county-wide inventory of private roads or private subdivisions exists, and this page does not guess at a count. What can be said is that the hilly kettle-moraine subdivisions around the lakes west of Pewaukee were often platted with private roads, and that the way to find out about a specific one is to read its plat or its association documents.

The difference matters because of who plows what. Under Wis. Stat. § 84.07(1) WisDOT may “contract with any county highway committee or municipality” for state trunk highway maintenance, and WisDOT’s winter FAQ says it “contracts with the 72 county highway departments to plow and provide ice control on all state and US-numbered highways and the Interstate system.” So the county plows the lettered county trunk highways and, under that contract, I-94, US-18 and the numbered state routes. Cities and villages plow their own streets. A private road is on no route at all. The who-plows-your-street page lays the whole map out.

The One Exception

§ 86.105 Lets a Municipality Contract to Plow Private Roads

Wis. Stat. § 86.105, “Snow removal in private driveways,” reads: “The governing body of any county, town, city or village may enter into contracts to remove snow from private roads and driveways.” It is permissive. A municipality may, and most do not. Chenequa does. The village’s highway page offers “snow plowing/salting services to all property owners but no property owner is required to use the Village’s services,” at a published fee of $250 per driveway; a 2021 agreement on the same site shows $100, so the figure has moved and the village should be asked which is current. The village uses “100% salt” and applies it “only to the hills, turns and intersections.” And the rule every private contractor in the county should copy: “Driveways must be marked or they will not be plowed.”

For a road association outside Chenequa, the statute is worth knowing for one reason. If the municipality has not passed a program under it, the road is the association’s alone, and no amount of calling the village public works department in a storm changes that.

Where the Snow Goes

Wells, Drainfields and the Stacking Plan

The county’s comprehensive plan put municipal water at about 62 percent of the residential population in 2005, leaving roughly 38 percent on private wells, and public sewer at about 19 percent of the county’s area. In 2000 the Lake Country sewer area counted 1,280 sewered residents against 11,110 unsewered, around Ashippun, Beaver, Keesus, North, Oconomowoc, Okauchee and Pine lakes and the Village of Merton. Those figures are old and the county has grown since; the pattern they describe has not changed. Every septic system in the county is enrolled in the county’s maintenance program.

A drainfield is a lawn with pipes under it, and it is where a plow does not stack four feet of salted snow all winter. A well head is where a plow does not push a pile. On a private road neither the county nor the village has drawn the stacking plan, so the association and the contractor have to. The contract should map it: which shoulders take the windrow, which turnaround takes the pile, which yards are off limits and why. A contractor who has never worked a well-and-septic subdivision will not ask; one who has will bring it up.

Scope

What a Private Road Contract Has to Cover

  1. The full length, both directions. There is no public plow to meet at the subdivision entrance. The contract runs from the county or village road to the last turnaround, including the apron where the private road meets the public one, which the public plow will windrow.
  2. The trigger and the deadline. NOAA’s 1991–2020 normals for Waukesha give 13.6 days a season at an inch or more and 4.7 at three inches or more. A road that residents have to drive to reach anything is usually contracted at the lower trigger.
  3. Ice control, and what material. The county’s own trucks prewet rock salt above 15 °F and switch to a hot load between 15 and −5, because salt loses effectiveness below 15. Hills and turns on a kettle-moraine road are where Chenequa puts its salt, and a private contractor should be asked to do the same rather than treating the whole length.
  4. Marking. Stakes at the road edge, the culverts and the driveway mouths before the ground freezes. Chenequa will not plow an unmarked driveway; a contractor on a private road has the same problem and the same answer.
  5. The record. Time in, time out, depth, material, per visit, delivered to the association. Under § 893.83 no municipality can be sued for snow on a public way unless it sat three weeks; on a private road the association is the only defendant there ever was.
The Buyer’s Questions

Insurance, Employees and Lights

Wisconsin licenses no one for this work, so the association’s due diligence is insurance. Ask for a general liability certificate and a commercial auto certificate; a personal auto policy “most likely is going to exclude” plowing for pay, in the words of a Brookfield insurance agency. Ask whether the contractor carries workers’ compensation, which the state requires at three employees or $500 in wages in any quarter. And a small thing that tells you something: under Wis. Stat. § 347.26(11)(a) a private plow may run amber warning lamps; the amber-red-green combination is reserved for county and municipal highway vehicles. A private truck showing green is a truck whose operator has not read the statute.

An association’s contract is a business contract under § 134.49, so an auto-renewal clause has to be disclosed and signed, with 15 to 60 days’ notice on a multi-year term.

Common Questions

Questions People Ask About This

How do I find out whether our subdivision road is private?
Read the plat or the association’s declaration. In Chenequa the zoning code says so outright, at § 6.17(4)(b)(ii). Elsewhere in Lake Country there is no county list, and this site does not publish a count of private roads because none has been verified. If the village has never plowed it, that is usually the answer.
Will the village or the county plow a private road if we ask?
Only if the governing body has chosen to under Wis. Stat. § 86.105, which allows but does not require a municipality to contract for snow removal on private roads and driveways. Chenequa runs such a program at a published $250 per driveway, with a $100 figure in an older agreement. No other municipality in the county was found to.
Where should the contractor stack snow on a well-and-septic lot?
Not on the drainfield and not against the well head. Roughly 38 percent of county residents were on private wells as of the 2005 county figure, and the Lake Country sewer area was mostly unsewered in 2000. The contract should name the stacking locations on a map before the first storm.
Does a private road contract need a return pass at the entrance?
Yes, and it should say so. Where the private road meets the public one, the public plow leaves a windrow across the mouth, and no county or municipal page in Waukesha County says that berm is anyone’s job. On a private road it is the association’s, and the contract should price the return.

Get a Private Road Proposal Before the Ground Freezes

Have the road length, the number of driveways, the turnaround count and a note on wells and drainfields ready.

Call (262) 333-0458 Get a Seasonal Quote
Call (262) 333-0458 — Compare QuotesGet a Quote