July 3, 2024 – Wisconsin law balances enjoying the outdoors while preserving the state’s natural resources and beauty for all. Whether fly fishing, hiking, riding the trails in the north woods, or cruising along the lakeshore, Wisconsin offers something for every outdoor enthusiast.
The boundaries between adventure and liability can sometimes blur. Attorneys should be aware of the law so their clients can continue to enjoy the Wisconsin outdoors responsibly.
Boating Regulation
Wisconsin offers many opportunities for water-based activities, with its extensive shoreline along Lake Michigan, Lake Superior, and the Mississippi River, as well as numerous inland lakes and rivers.
Amy Crowder is a librarian with the Wisconsin State Law Library. She is a former president of the Law Librarians Association of Wisconsin (LLAW), whose members regularly contribute to
InsideTrack.
The
Boating in Wisconsin webpage by the Wisconsin Department of Natural Resources (DNR) aims to help people safely enjoy Wisconsin’s waterways. The agency explains state laws about boat title and registration, lawful operation of boats and personal watercraft, personal flotation devices and required boat safety equipment and navigation rules.
Wis. Stat. section 30.77 allows local municipalities to create regulations concerning boating activities, including those related to water skiing, shore zones, and speed limits. Boaters should be aware of
municipal ordinances before boating.
Federal laws can be found on the U.S. Coast Guard’s website at
uscgboating.org.
Other resources include:
Off-road Recreation
For those seeking adventure on land, Wisconsin offers great opportunities to enjoy off-road vehicles. Use of such vehicles is strictly limited to designated and marked trails and routes only. All-terrain vehicles and utility terrain vehicles also must comply with specific registration requirements.
The Wisconsin DNR’s
ATV/UTV Riding in Wisconsin provides quick access to regulations information. The Wisconsin Department of Transportation (WisDOT) provides information on routes and the lawful operation of all-terrain vehicles on state highways, including examples of signage and related FAQs. The agency also explains when a WisDOT permit is required. Operators should be aware that local
ordinances might be more restrictive than state regulations.
Resources include:
The Wisconsin DNR offers a
sample ordinance that designates routes for all-terrain vehicles and regulates their operation.
The Wisconsin ATV/UTV Association provides
trail maps and information arranged by county.
The Wisconsin DNR’s site on
ATV/UTV Trail Aids provides information for counties, towns, cities, villages, and tribes to apply for funds to acquire, insure, develop, and maintain ATV/UTV trails, areas, and routes.
Fishing
There are over 15,000 lakes and abundant rivers in Wisconsin, making it a great destination for anglers.
Fishing regulations play an important part in preserving fishing for future generations. These regulations help control the impact on fish populations, maintain their numbers and size, and provide for diverse fishing experiences and ensure fair access.
To fish in Wisconsin, individuals must obtain the appropriate licenses and stamps, fish within the designated season, follow bag limits and size restrictions, and respect private property rights.
To find a lake,
visit this Wisconsin DNR webpage.
Applicable resources include:
Hiking, Biking, and Camping
Wisconsin's parks and trails system offers some of the most beautiful scenery in the state. Whether hiking, camping, or biking, there is a park or trail out there.
The
Ice Age Trail spans 1,000 miles through 30 counties. Its eastern terminus is in Potawatomi State Park and from there it travels south to Janesville and then northwest to St. Croix Falls. A few areas along the trail offer opportunities for dispersed camping. According to the DNR, the “hiker may camp anywhere within sight of a centrally located sign that defines the dispersed camping area.”
There are more than a thousand miles of off-road bicycling opportunities on public lands. With the popularity of electric bikes, be aware the
Wisconsin DNR limits their use to only certain trails.
State parks, forests, and trails, have rules to protect the safety of visitors and the environment. The
Wisconsin DNR website provides easy access to rules related to camping, geocaching, use of drones, and other activities in public parks and trails.
Resources include:
Recreational Immunity
Wisconsin’s recreational use statute,
Wis. Stat. section 895.52, generally limits private property owners’ responsibility for injuries to those who use the owner’s land for recreation. It also limits a private property owner’s liability when injuries are caused by another recreational user or by a wild animal.
The statute defines recreational activity as “any outdoor activity undertaken for the purpose of exercise, relaxation or pleasure, including practice or instruction in any such activity.” It lists activities including fishing, camping, bicycling, operating an all-terrain vehicle, and hiking, among others.
The definition of “owner” within section 895.52 does include governmental bodies or nonprofit organizations. Clients should be informed of potential liability prior to permitting public use of their land.
Enjoy Wisconsin
Wisconsin is renowned for its natural beauty and abundant outdoor recreational opportunities. Whether an angler, a sports enthusiast, or someone on the trails, there is no shortage of new and exciting Wisconsin adventures. It is important to understand Wisconsin's recreational laws to make it a safe and enjoyable experience.
Boost Your Research with Help from a Law Librarian
Don’t forget that a librarian can efficiently direct you to trusted legal practice materials. Reach out and ask your local law librarian for help with your research, or at these Wisconsin libraries:
