February 13, 2007 − Introduced by Representatives MURSAU, MUSSER, BALLWEG, FRISKE, GUNDERSON, HINES, JESKEWITZ, KAUFERT, KLEEFISCH, A. OTT, OWENS, PETROWSKI, TOWNSEND, VOS and M. WILLIAMS, cosponsored by Senators BRESKE, LASSA, OLSEN and SCHULTZ. Referred to Committee on Rural Affairs.

Under current law, a person may not operate an all−terrain vehicle (ATV) on the roadway of a highway, street, or road except under certain limited circumstances. This bill specifically authorizes the operation of ATVs on a portion of a roadway and shoulder of a highway, street, or road if the highway, street, or road is within the jurisdiction of a county, town, city, or village (municipality) that has enacted an ordinance that allows the operation of ATVs for the purposes of residential access or access to and from a lodging establishment or a campground. A municipality may not enact an ordinance for access to and from lodging unless it has also enacted an ordinance for residential access.

For a state trunk highway (STH), the portion of the highway that may be open to this access must be the shortest distance between the residence or lodging and the ATV route or trail. For distances on a STH that are more than one−quarter mile, the Department of Transportation (DOT) must approve the access. For distances on a STH that are one−quarter mile or less, a municipality may enact such an ordinance unless the portion of the STH to be affected has been closed to ATVs based on DOT’s finding that it is unsafe to operate ATVs on that portion of the STH. For any highway other than a STH, the distance open for ATV access may not be more than five miles.

The bill further provides that a municipality may not enact an ordinance allowing ATV access on any highway that is located in a state park or state forest if the operation of ATVs is prohibited in the park or forest. For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.