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This mud hole created by ATV'ers mars the Gandy Dancer State Trail north of Danbury, Wisconsin, where ATVs are prohibited. Photo taken in April
2005 by Brook Waalen. by Joel Patenaude
I've just been taken for a ride down the "law making" road and I'm bruised and bloodied. But I'm getting back in the saddle determined to salvage this initial outing. I am an advocate of nonmotorized recreation, no question about it. But as a member of an advisory committee, that included several Wisconsin lawmakers, I voted against all of the following: A proposed appropriation of up to $500,000 to reroute five miles of the pedestrian Ice Age Trail (IAT) that has been taken over by ATV riders; A draft bill that I specifically requested to establish in Wisconsin, for the first time, a two-year $60,000 fund to repair property damaged by illegal ATV riding; Proposals to increase the trespassing penalties for off-road vehicle drivers and require the display of license plates on the back of ATVs; A voluntary check-off on state income tax forms that would put money into a "nonmotorized trails fund." As a supporter of all these initiative and an opponent of ATVs on public lands where inappropriate, you may be wondering if I lost my mind. Well, unfairly brand me a John Kerry-esque flip flopper, but I did vote for all of this before I felt forced to vote against it. I spoke out in support of all the much needed legislation mentioned above when each item was debated by the Special Legislative Committee on State Trails Policy (on which I served) at our third and final meeting January 4. When it came time to vote for each draft bill before us, I voted against another another two funding bills that together dwarfed everything else. Fellow committee member Mike McFadzen, who also serves as chairman of the Governor's Council on State Trails, and I were the sole hold-outs against "superfunding" the state ATV program. ATV fund on steroids Our two-man protest notwithstanding, the committee supported hiking ATV registration fees and a reconfiguring their fuel tax takings to increase the ATV fund from $6 million to $11.2 million. As silent sports enthusiasts committed to more healthful and sustainable alternatives, McFadzen and I just couldn't stomach supporting a spike in ATV spending. Afterall, scores of like-minded hikers and bikers testified and wrote letters asking the committee not to entertain the unsafe and incompatible idea of ATVs on nonmotorized trails. Many of those who spoke went one step further: They demanded that the ATV program not be granted another cent until all the damage they've already done to nonmotorized trails is fixed. This was the stance taken by the Bicycle Federation Wisconsin in an e-mailed news alert to its members. This outcry on behalf of the nonmotorized majority accounting for 85 percent or more of Wisconsin's outdoor recreationalists, according to The 2005-2010 Wisconsin Statewide Comprehensive Outdoor Recreation Plan, or SCORP forced the pro-ATV leaning committee to change direction. Essentially, committee chairman Sen. Roger Breske, D-Eland, was forced to abandon his primary goal, which was to make it easier for ATVs to access hiking and biking trails. Nevertheless, the committee voted 8-2 to essentially double the ATV'ers yearly allowance. McFadzen and I then joined the majority in voting for the other more silent sports-friendly, but comparatively measly, bills. But a funny thing happened on the way back from the bill drafters' desks. Based on our debate and votes, the bills were revised and others created. Then each committee member was sent a paper ballot, which eliminated the need for another meeting. This time, however, we were only allowed to vote "yes" or "no" on the whole package of bills. So in order to register my approval for all of the much needed legislation from the IAT rerouting to the ATV damage repair fund I was asked to support injecting financial steroids into the state ATV program. I hesitated. Then I did the math. Of the $11.2 million the ATV fund would get per year, only $30,000, or .26 percent, would go to fixing the damage ATVs do when they stray. I may be new to politics, but that ain't a fair horse trade. Money without a mandate Fortunately, the demand by ATV proponents for ATV trail "connectors" (they tend to go after converted rail-trails used by and designed for nonmotorized traffic and winter snowmobiling) lost traction with the committee. So the ATV community's dream of an interconnected state-wide trail network, mostly on public land the environmental horror of which is almost unfathomable didn't win the day. But even if ATV'ers are denied a mandate to motorize nonmotorized trails (as in Fond du Lac County, in December), they could still wind up with a lot of cash to burn. And they don't appear interested in investing their money in motorized recreation parks although such facilities could contain some of the sport's younger fans but not if such "wreak parks" come at the expense of a state-wide trail system. This was demonstrated when our committee discussed the Richard Bong State Recreation Area in southeast Kenosha County. DNR officials say $270,000 is needed to rebuild that ATV riding area. When certain committee members expressed reluctance to see more than $100,000 spent to fix Bong, Wisconsin ATV Association president Randy Harden, didn't argue for more money. Instead he suggested lawmakers "just send the money to build (ATV) trails up north." This after Harden described Bong as "terrible" and "an eyesore." With millions of dollars, ATV'ers may choose to just "buy" access to many of our here-to-fore quiet places. And after they've trashed one area, they'll move on to another. A nonmotorized trails fund? There are many silent sports enthusiasts who hold out hope that a segregated fund, similar to what the ATV'ers enjoy, can be established to benefit nonmotorized trails. Consider that today there are 1,681 miles of aging state trails maintained by cities and counties. The DNR estimates that $1.5 million is needed just to return them to their original condition. There are also many worthy hiking and biking trail systems in local areas that are maintained through donations and occasional grants. Until we get a reliable source of revenue for these projects, we'll be drowned out by the monied ATV'ers and risk losing our trails to them. To that end, an income tax form check-off for a nonmotorized trail fun is a worthy idea. Where the bill goes from here I have until January 25 (a few days after this issue goes to press) to get my ballot in. McFadzen and I may be joined by other committee members uncomfortable with super sizing the ATV program. But my guess is there won't be enough votes against the all-or-nothing bill to alter it's course. The bill's next stop is the Joint Legislative Council Committee, co-chaired by Sen. Fred Risser, D-Madison, and Rep. Wieckert, R-Appleton. Because the bill would have a significant fiscal impact (the Department of Transportation is already on record opposed to increasing ATV'ers share of fuel taxes by $3 million and transfering that amount to the DNR), it will be considered by the Joint Finance Committee before heading to the floor of the House or Senate. So there will be several opportunities to argue for and against what's contained in this big bill of contradictions. You can be sure I'll be agitating for greater support for the sections that would mitigate against ATV damage. Will you join me? Joel Patenaude is the editor of Silent Sports.
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