Dunn County approves 9 more sections of county highway for ATV/UTV routes
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By LeAnn R. Ralph
MENOMONIE — The Dunn County Board has approved nine more sections of county highway to use as All Terrain Vehicle/Utility Terrain Vehicle routes.
Andrew Mercil, county clerk, read more than 30 comments in support of opening additional county highways and/or opening all county highways for ATV/UTV use at the Dunn County Board’s June 15 meeting.
Randy Prochnow, county board supervisor from Menomonie, introduced a motion to suspend the county board’s rules regarding a second reading of the ordinance so that the approval of additional routes would go into effect immediately rather than waiting until the board’s next meeting at the end of July.
The additional routes meet the guidelines established by the Dunn County Highway Department and by the highway committee, said Brian Johnson, county board supervisor from Menomonie and chair of the highway committee.
Kelly McCullough, county board supervisor from Menomonie and chair of the Dunn County Board, said it was appropriate to suspend the rules for second reading because the highway committee had approved the additional routes in January when he was still chair of the highway committee.
The plan had been to bring the ordinance to the county board earlier, although because of various unforeseen changes in county personnel, the ordinance had not been brought before the board earlier, he said.
The Dunn County Board unanimously approved suspending the rules for a second reading.
Wording
Robert Bauer, county board supervisor from Mondovi, asked about the wording of the ordinance, which refers to ATV routes and wondered if UTVs should be included in the wording.
The County’s ATV ordinance covers both, so ATV and UTV are not both needed on the ordinance to include additional routes, said Nick Lange, county corporation counsel and interim county manager.
Larry Bjork, county board supervisor from Menomonie, asked whether the routes would be available before the signs could be installed or would the signs be required to be installed first.
Bjork also asked about the speed limits on county roads for ATVs/UTVs and whether they need slow-moving vehicle signs in the way that tractors need slow-moving vehicle signs and what kind of lighting is required.
The signs must be up before the routes can be used, Lange said, adding that he suspected the various ATV/UTV clubs would make sure the signs were up soon, probably before the county board supervisors ate lunch the next day.
The speed limit for ATV/UTVs is 35 miles per hour, Lange said.
Lights are required for all vehicles operating on county roads, and the ATVs/UTVs must also have registration plates, he said.
The regulations for ATVs/UTVs are covered by state statute rather than by Dunn County ordinance, McCullough said.
Larry Bjork said he was concerned about safety and concerned about someone talking on their cell phone and not seeing the ATVs/UTVs.
All roads
Gary Stene, county board supervisor from Colfax and vice-chair of the county board, said he did not own an ATV/UTV but was in favor of expanding the routes.
In addition, because of the numerous comments received, what about opening up all county highways to ATV/UTV traffic? he asked.
The additional ATV/UTV routes are determined by sight distance available on the road, the length of the route and the traffic count of the road, Johnson said.
The maximum speed for ATVs/UTVs is 35 mph, and the maximum speed for an agricultural vehicle, like a tractor, is 25 mph, he said.
The highway committee has discussed opening all county highways in the past and has chosen not to do so, McCullough said.
Opening all county highways was first brought up 10 years ago, and it is a safety and possibly a liability issue, he said.
The goal is to make Dunn County more “friendly” to tourists, and there seems to be exploding interest in ATVs/UTVs, Stene noted.
The additional county highways added to the ordinance are only allowing connecting routes due to safety and liability, said Dustin Binder, highway commissioner.
When new sections of county highway are being considered for ATV/UTV routes, the sight distance is considered, along with the traffic volume on the county highway, the width of the shoulders and the visibility at intersections, Binder said.
The ATV clubs present many suggestions each year, and the routes that are not approved are based on safety. By state statute, the speed limit cannot be enforced on a county level, he said.
Connecting routes
Another factor in which sections of county highway are added to the ordinance for ATV/UTV routes is that counties are authorized by state statute to open connecting routes, Lange said.
The county is only authorized by state statute to connect off-road trails to each other, he said.
Townships and villages have their own authority for their own roads and streets, Lange said.
The intent in state law is to take safety and traffic into consideration and to limit the routes approved to connections, so people can get from one trail to another or to a service station for fuel, he said.
The advancement in ATVs/UTVs is going faster than the state Legislature has been willing to allow for their use on roads. Many rules of the road do not apply to ATVs/UTVs, Lange said.
A discussion involving opening all of the county highways to ATV/UTV traffic should have the county sheriff at the table to review the obstacles that opening all of the county highways would present for law enforcement, he said.
Tim Lienau, county board supervisor from Menomonie, asked if there were plans to improve the state Highway 25 bridge in the Downsville area.
Binder said he could not address state highways because the state only allows crossing state highways.
If the speed limit is 35 mph or less on a state highway, then the local jurisdiction, such as a city, village or town, can regulate ATV/UTV traffic, he said.
Luke Wilsey, county board supervisor from Boyceville, asked about the liability of opening up all county highways.
Opening all county highways to ATV/UTV traffic is not so much an issue of liability as it is a risk management strategy, Lange said.
The county cannot get into trouble if the county does not allow something and someone does it anyway, he said.
With any motor vehicle on a county highway, there is a potential for a claim against the county, Lange said.
Every couple of years, someone will make a claim against the county for something on a highway, such as too much gravel that made the driver slide into the ditch, Lange noted.
If the county board does not open all highways to ATV/UTV traffic, it reduces the opportunities for claims against the county, he said.
The Dunn County Board unanimously approved the ordinance adding additional ATV/UTV routes.
Routes
Here are the ATV/UTV routes added:
• County Highway BB in the Town of Red Cedar from 730th Avenue to 530th Street.
• County Highway D in the Town of Tainter from 590th Street to 618th Street.
• County Highway G in the Town of Tainter from county Highway D to 540th Street.
• County Highway H in the Town of Spring Brook, the Caryville Bridge, and in the Town of Rock Creek, state Highway 85 to 90th Avenue.
• County Highway HH in the Town of Elk Mound from state Highway 40 to 1010th Street.
• County Highway N in the Town of Lucas from the St. Croix County line to county Highway Q and in the Town of Otter Creek from 710th Street to state Highway 170.
• County Highway V in the Town of Wilson from 1370th Avenue to 705th Street.
• County Highway W in the Towns of Colfax and Grant from state Highway 170 to county Highway MW.
