Quietnorth Note: I am going to try to figure out a way in the next week or so to make a link and an archive to longer documents-until then I think it is important that this information get out.
Minnesota-Wisconsin ATV Summit - Meeting summary
September 22, 2005
10:00am – 2:00pm
Tower Ridge Cabin, Eau Claire, Wisconsin
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Minnesota Contact: Matthew Norton, MN Center for Environmental Advocacy, 651-223-5969
Wisconsin Contact: Brook Waalen, Friends of the L-O-G Greenway, 715-472-2922
Attendees
(in random order)
Ron Bergin, Wisconsin Nordic Network and other silent sport organizations
Alan Drum, Northwoods Citizens for Responsible Stewardship (WI)
Sue Drum, Northwoods Citizens for Responsible Stewardship (WI)
Matthew Norton, Minnesota Center for Environmental Advocacy
Sean Wherley, Friends of the Boundary Waters Canoe Area
Dennis Deery, Wisconsin League of Conservation Voters
Edward Moersfelder, Friends of the LOG Greenway (WI)
Glenn Stoddard, Attorney at Law in private pracitce (WI)
John Staszcuk, Wisconsin County Forest Association
Kevin Proescholdt, Izaak Walton League of America
Brook Waalen, Friends of the LOG Greenway (WI)
Marjorie Ward, Bicycle Federation of Wisconsin
Richard Smith, Ice Age Park & Trail Foundation
Don Erickson, Ice Age Park & Trial Foundation
Gwen Myers, League of Women Voters (MN)
Dale Crisler, Ice Age Park & Trail Foundation
John McKenna, Pineland Community (WI)
Joel Patenaude, Silent Sports Magazine
Bill Mertens, Pineland Community (WI)
Jerry Greenberg, Wilderness Society
Jane Tapper, Wisconsin Walks
Don Smith, Sierra Club
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Introduction and Background
This Summit was conceived and organized jointly by Matthew Norton of the Minnesota Center for Environmental Advocacy and Brook Waalen of the Friends of the LOG Greenway primarily in response to the widespread environmental damage caused by ATVs in Minnesota and Wisconsin but also in response to Minnesota’s 2005 legislative outcome that opened 74% of Minnesota State Forest Land to ATVs.
ATV-caused damage and vandalism is evident not only on designated trail surfaces but also on adjacent trail corridors; in environmentally sensitive areas such as wetlands; on private property and other posted lands; and in road right-of-ways. Both the Minnesota Department of Natural Resources (MnDNR) and the Wisconsin Department of Natural Resources (WiDNR) are responsible for developing ATV trails as well as enforcing ATV laws, however, both departments allow the damage and vandalism to accumulate faster than any repair. The threat to habitat, water quality, and rare and endangered species is widespread and obvious.
The ATV lobby continues to maintain that the root cause of this damage and vandalism is the lack of opportunities to ride legally despite the fact that ATVs have access to 11,000 miles of trails in Minnesota1 and 5,555 miles of state-funded trails in Wisconsin2. Nevertheless, the ATV lobby continues to press both States’ Legislatures for more trails and expanded access to public land. This strategy is economically beneficial to the ATV industry because this way the public funds the ATV trail infrastructure either by ceding lands to these vehicles or by suffering damage to public property, which is in effect a subsidy. Two other notable claims by the ATV lobby are as follows:
Claim 1: Only a tiny fraction of ATVers cause damage or break the law.
Counterclaim 1a: It doesn’t matter how many rouge ATVers are causing the damage, the damage is still occurring – primarily on public land.
Counterclaim 1b: If only a tiny fraction of ATVers are the problem then strict penalties (jail, fines, confiscation, etc.) should be embraced by the ATV lobby instead of rejected as an overreaction.
Counterclaim 1c: If this is the case a small number ATVers is causing unprecedented damage to public land.
Counterclaim 1d: The percentage of “renegade” ATVers has been estimated at 3-10 percent3.
Claim 2: This is just like the snowmobile issue in the 1970’s when snowmobilers didn’t have enough trails.
Counterclaim 2a: Snowmobilers built a trail infrastructure primarily on private property. It should be noted that almost all private property owners who allow snowmobile trails on their land will permit an ATV trail on their land. Furthermore, snowmobile clubs do not allow ATVs on their trail systems in either the summer or the winter.
Counterclaim 2b: During the winter people have their windows closed and spend more time inside. ATVers want summer trails more so than winter trails and it’s the summertime when windows are open and the public is subject to dust, noise, danger and other disturbances.
Counterclaim 3b: The rural residential population in Minnesota and Wisconsin has exploded since the 1970’s resulting in more opportunities for conflicts between ATVs and residents.
Counterclaim 4b: During the winter the ground is typically frozen and covered with snow thereby protecting soil, water resources, and wildlife habitat from erosion and disturbance.
Other issues like the lack of enforcement; damage to non-motorized trails; the safety of other trail users; the actual number of ATVs used on recreation trails; and the attitude of the MnDNR and WiDNR that flagrant damage to natural resources is acceptable if inflicted by an ATV are other issues that need to be addressed. Those that gathered for this Summit understand that the ATV lobby has based their agenda on illogical claims and a certain degree of deceit which must be balanced in public forums; in the media; at local government; at the Legislature; and in the courts. To that end the Summit participants agreed that a formal coalition made up of a variety of organizations is necessary to balance the rhetoric coming from the ATV lobby in order to protect natural resources and certain quality of life issues.
Meeting Notes
During Minnesota’s 2004 legislative session ATVers gained almost unlimited access to 74 percent of the Minnesota’s forest land. All State forests north of Highway 2 were open to ATVs. All trails not posted closed were considered open. The Legislature was sufficiently vague in their actions that it is possible for all new, unapproved and undesignated trails to eventually become legal trails because -- due to resource constraints -- the MnDNR is unable to identify and post these as closed. Furthermore, signage tends to disappear in the forest.
This blow came two years after the MnDNR surveyed all State forests in an effort to identify lands that would be appropriate for ATVs as well as those that would require protection from these machines. Despite this effort the Legislature made their decision based on pressure from the ATV lobby thereby ignoring science, public sentiment, and the painfully obvious. Reportedly 70-80 percent of Minnesotan are opposed to uncontrolled ATV use on trails; nevertheless, and for some unknown reason the concerns of the greater population do not have as much traction at the Capital as those of the ATV lobby.
Conversely, in Wisconsin a grassroots organization, Northwoods Citizens for Responsible Stewardship (NCRS), has led two successful campaigns against expanded ATV trail opportunities in Vilas County. Most recently NCRS removed a provision for an experimental ATV loop from the Northern Highland – American Legion State Forest (NH-AL State Forest). Much of their success is attributed to a strong grassroots campaign that kept the issue alive in local newspapers and pubic meeting filled to capacity.
Also in Wisconsin another grassroots organization, Friends of the Lincoln-Osceola-Garfield Greenway (LOG), sued the WiDNR in an effort to keep ATVs off of an abandoned railroad corridor that is slated for a public trail. The legal petition basically forced the State to recognize that it must conduct an environmental review on any State Property that is undergoing a planning process. LOG is hopeful that the resulting environmental review will show definitively that ATVs are environmentally and economically unsustainable on this 15-mile trail.
Conclusions and Strategies
Minnesota has an active coalition of nonprofit organizations and grassroots organizations that have pooled resources in order to challenge irresponsible ATV legislation. Despite this coordinated effort the ATV lobby made considerable strides in that state in 2004. Wisconsin has no such coalition but the ATV lobby in that state has not pushed quite as hard in Madison for sweeping legislation…yet. Wisconsin is ill-prepared to respond to a well financed thrust by the ATV lobby to influence their State lawmakers and should work to replicate the Minnesota model despite their recent spanking.
The Wisconsin case studies offered above and other examples from both states indicate that a dedicated group of individuals armed with the necessary resources can thwart the expansion of ATV trails on public lands. However, this approach is resource intensive and isolated groups don’t typically have the experience to challenge the ATV lobby. Banking on grassroots efforts to pop up wherever ATVers are looking to ride on public lands is shaky at best and will prove immaterial if State laws mandate expansion of the ATV trail infrastructure.
The only way to beat the ATV lobby and protect public land from the ravages of ATVs (and other off-highway vehicles) is to cultivate a comprehensive approach to the issue:
Organize and support local grassroots efforts where ATV trails are proposed.
Challenge DNR staff and administrators to prove they have the legal/statutory authority to develop any and all ATV trails.
Document ATV damage and vandalism with photographs, by marking locations on maps, and by notifying local authorities.
Talk to local and State elected officials and staff about this issue in a comprehensive manner.
Organize sympathetic individuals and groups to write op-eds and letters-to-the-editor in order to keep the public thinking about this issue.
Cultivate a relationship with local papers and let them know about ATV damage/vandalism. Also let them know when more responsible recreation activities (such as a bird hike) are taking place.
Litigate when appropriate and necessary.
Stay connected with other organizations and individuals. Let people all over the state know what you are doing and when you need help.
Enlist the help of retired DNR staffers, legislators, and others with connections and power to help us protect natural resources.
Keep your network broad and you will be surprised who your allies are – most people do not like what they see when it comes to ATVs on public land.
Do your homework. Read reports and plans thoroughly. Ask questions of ATV representatives, decision-makers, and agency staff.
Our values are those embraced by almost everyone so don’t be afraid to let people know what matters to you: preservation wild areas; protection of natural resources; sustainability; quality of life; etc.
The goal is not to eliminate ATVs from the landscape. They are powerful and useful machines that may even be a legitimate form of recreation on public lands if facilities are properly sighted, designed, and constructed. It is clear that these machines and the people who ride them have caused outrageous damage to public resources all in the name of selfish fun and immediate gratification. This is no way to treat our neighbors, our natural resources, or future generations.
This Meeting Summary is respectfully submitted by Brook Waalen on October 4, 2005. Brook would like to thank everyone who participated in the Summit whether they were able to attend or not. The Summit has resulted in better communication between many individuals and organizations who are concerned about this topic…
…but there is much work yet to be done.
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1 Author unknown. Pioneer Press (newspaper). Article unknown but appeared on front page. August 25, 2005. Saint Paul, Minnesota.
2 Wisconsin Department of Tourism (in conjunction with the Wisconsin ATV Association). March 2004. Economic & Demographic Profile of Wisconsin;s ATV Users: Results of an economic survey conducted between June and October 2003. Madison, Wisconsin.
3 Miller, Timothy. Wisconsin Department of Natural Resources. September 17, 2005. Wausau, WI.
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