The State of Wisconsin

OFFICE OF THE GOVERNOR
EXECUTIVE ORDER #301

Relating to Declaring a State of Emergency in Response to Severe Weather

WHEREAS, on July 28, 2026, I declared a state of emergency in Outagamie, Winnebago, Forest, and Vilas counties in response to severe weather that caused widespread and significant damage in those counties;

WHEREAS, the damage caused significant waste and debris in these communities, and the maximum driving time and vehicle weight limit restrictions are making it difficult for waste collection service providers to meet demand while complying with state and federal hours-of-service requirements;

WHEREAS, this situation poses a serious risk to the health, welfare, safety, and economic well-being of the people of the State of Wisconsin, and allowing waste collection services to clear debris from the damage safely and as described in this order will benefit the people of the State of Wisconsin; and

WHEREAS, having consulted with the Department of Transportation and Wisconsin Emergency Management, I conclude that the above conditions warrant the waiver of the hours-of-service limitations and prioritization of vehicle weight limit exceedance requests for motor carriers and drivers of commercial motor vehicles providing waste collection services to assist the affected communities.

NOW, THEREFORE, I, TONY EVERS, Governor of the State of Wisconsin, by the authority vested in me by the Constitution and the Laws of this State, including sections 323.10 and 323.12(4) of the Wisconsin Statutes, and Title 49 of the Code of Federal Regulations Part 390.23 and Chapters Trans 325 and 327 of the Wisconsin Administrative Code, of the Wisconsin Statutes, do hereby:

1.   Order that carriers and drivers of commercial motor vehicles, while in the process of providing waste collection services, are exempted from federal and Wisconsin hours-of-service restrictions in 49 C.F.R. Part 395.3 and 395.5 and Wis. Admin. Code, Ch. Trans 327.03(10)(b). This exemption applies to motor carriers providing waste collection services in direct response to this emergency.

2.   Order that no motor carrier operating under the terms of this emergency declaration shall require or allow an ill or fatigued driver to operate a motor vehicle. A driver who notifies a motor carrier that he or she needs immediate rest shall be given at least 10 consecutive hours off-duty before the driver is required to return to service.

3.   Direct the Department of Transportation to promptly assist motor carriers requesting permits to exceed statutory vehicle weight limits under Wis. Admin. Code., Ch. Trans 230.01(3)(c)4. for the purposes of removing debris in direct response to this emergency.

4.   This order does not suspend the operation of any state or federal laws within the State of Wisconsin except as specifically described in the order. All other laws remain in full force and will be enforced. This order does not authorize any person providing waste collection services to exceed any statutory vehicle width, length, or height limit. Vehicles registered in other jurisdictions and not entitled to reciprocity or not registered for use in Wisconsin through the International Registration Plan must obtain a permit as provided in section 341.41, Wis. Stats. Motor carriers providing waste collection services for hire must have proper authority to operate in this State, as provided by section 194.04, Wis. Stats., and must meet insurance requirements of section 194.41 or 194.42, Wis. Stats.Carriers must satisfy all ordinarily acceptable federal and Wisconsin requirements concerning vehicle equipment, vehicle operations, and driver qualifications and conduct.

5.   This order shall be in effect as long as drivers providing waste collection services are providing assistance for the emergency, or through August 14, 2026, at 11:59 p.m., whichever is shorter.

6.   Executive Order #300 shall otherwise remain in full force and effect.

IN TESTIMONY WHEREOF, I have hereunto set  
my hand and caused the Great seal of the State  
of Wisconsin to be affixed. Done at the Capitol in
the City of Madison this thirty-first day of July in  
the year of two thousand twenty-six.                     

   
TONY EVERS
Governor   

By the Governor:

SARAH GODLEWSKI
Secretary of State