LRB-2473/2
MGG:nwn:ph
2009 - 2010 LEGISLATURE
August 11, 2009 - Introduced by Joint Legislative Council. Referred to
Committee on Transportation, Tourism, Forestry, and Natural Resources.
SB265,1,4 1An Act to create 20.370 (5) (cz), 20.855 (4) (v), 23.176, 25.29 (1) (dr), 25.29 (1r),
225.40 (3) (b) 17. and 227.01 (13) (zzb) of the statutes; relating to: nonmotorized
3trail maintenance and use, granting rule-making authority, and making
4appropriations.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Joint Legislative Council prefatory note: This bill was prepared for the Joint
Legislative Council's Special Committee on Enhancing Recreational Trails for
Non-Motorized Use. The bill:
Funding. Authorizes the Department of Natural Resources (DNR) to expend funds
in a nonmotorized trail maintenance and use program. The funding mechanism consists
of segregated funds from the conservation fund and is a continuing appropriation,
allowing DNR to retain and expend in future fiscal years any funds that are not expended
in the current fiscal year. The amount placed in the appropriation for each fiscal year is
either $10 million or 1% of the amount of the motor fuel tax collected in the prior fiscal
year, whichever is less.

Nonmotorized Trails Maintenance and Use Program. Creates the nonmotorized
trails maintenance and use program in DNR. Funding for the program is described
above. The DNR is directed to implement the program by promulgating rules necessary
for the program and for distributing the funds for trail maintenance and use. The funds
are distributed: (1) directly to state agencies; and (2) to local units of government and to
nonprofit organizations for nonmotorized trails.
Trails are an important part of Wisconsin's effort to increase transportation options
to state residents and have a major impact on the state's multi-billion dollar tourism
industry, attracting many visitors from outside of the state. Improved trails may
decrease overall traffic congestion by giving commuters another option when traveling.
Increased commuter trail use may also reduce overall travel time and fuel consumption.
One of the issues that is common to all trails is the ongoing need for maintenance.
Without maintenance, or with insufficient maintenance, trails may become unusable. At
a minimum, when trails are eroded, rutted, overgrown, or otherwise deteriorate, trail use
is likely to decrease significantly.
The Warren Knowles - Gaylord Nelson stewardship program provides a
significant source of funds for acquisition of land for trail corridors, and funding for initial
development of trails, but without funding for maintenance, a purpose for which the
funds are not currently available. With respect to maintenance, the special committee
identified a disparity between trails used for motorized and nonmotorized activities.
Snowmobiles and all-terrain vehicles each have a source of funding for trail maintenance
in the registration fees paid for the vehicles, and from motor vehicle fuel tax transfers.
There is no comparable source of revenue for maintenance of nonmotorized trails.
Although the state has a trail pass, it is required for the use of only a limited number of
trails, and does not produce enough revenue for more than a very basic trail maintenance
program.
With the current economic conditions, nonmotorized trails are becoming
increasingly significant as a method of transportation that can be used for getting to
work, school, recreation, and shopping. These trails provide many benefits, such as
reducing the use of nonrenewable resources; giving the trail user an opportunity to
reduce personal transportation costs compared to driving a motor vehicle; reducing
traffic congestion, noise and air pollution; and delaying the need for future road and
bridge projects. These economic benefits are likely to increase over time. Nonmotorized
trails also provide social benefits as people travel the trails together and gather at
destinations. With regard to tourism, one of the state's major industries and attractions,
resident and nonresident users of these trails increase revenue for the state and local
economies. Finally, the use of trails for nonmotorized activities may provide health
benefits, and potential reduced health care costs, by increasing the availability of various
methods to exercise, and encouraging lifelong exercise that is a benefit to individuals as
well as the entire state.
The special committee identified an urgent need for a consistent, dependable, and
sufficient funding source for trail maintenance that relates to the transportation benefits
of the nonmotorized trails. The committee identified the motor vehicle fuel tax revenues
which are deposited in the transportation fund as an appropriate source of nonmotorized
trail funding. Some of the use of nonmotorized trails may be a substitute for the use of
gasoline or diesel-powered vehicles. By using motor vehicle tax revenues for trail
maintenance, the trails can be improved and the advantages of the trails as a substitute
for motor vehicle transport can be enhanced. In general, this funding mechanism will
ensure the continued viability of nonmotorized trails in this state.
According to information provided to the special committee, the current costs of
nonmotorized recreation and transportation-trail maintenance equals or exceeds the
funding amount provided for in the bill and these costs will only climb with increased trail
usage and with ongoing and future increased construction of trails.

In addition to the need for trail maintenance, it is important that trails for
nonmotorized uses be publicized, so that potential users can find the trails and trail
access points, learn the facilities that are accessible from the trail, and plan activities on
the nonmotorized trail. Thus, the bill includes a provision for education and public
information about nonmotorized trails.
Additional information is contained in the Notes to individual Sections of the bill.
SB265, s. 1 1Section 1. 20.370 (5) (cz) of the statutes is created to read:
SB265,3,62 20.370 (5) (cz) Recreation aids — nonmotorized trails. As a continuing
3appropriation from the nonmotorized trail account in the conservation fund, an
4amount equal to the estimated nonmotorized trail transfer payment as estimated
5under s. 25.29 (1) (dr) for the nonmotorized trails maintenance and use program
6under s. 23.176.
Note: This appropriation authorizes DNR to expend funds for nonmotorized trail
maintenance. The appropriation consists of segregated funds from the conservation fund
and is a continuing appropriation, allowing DNR to retain and expend in future fiscal
years any funds that are not expended in the current one. The amount appropriated per
fiscal year is either $10 million or 1% of the amount of the motor vehicle fuel tax collected
in the prior fiscal year, whichever is less. See s. 25.29 (1) (dr), stats., created by this bill.
SB265, s. 2 7Section 2. 20.855 (4) (v) of the statutes is created to read:
SB265,3,118 20.855 (4) (v) Transfer to conservation fund — nonmotorized trail formula. On
9July 1 of each fiscal year, from the transportation fund, a sum sufficient in an amount
10as determined under s. 25.29 (1) (dr) to be paid into the nonmotorized trail account
11in the conservation fund.
Note: This appropriation transfers the amount to be deposited into the
nonmotorized trail account from the transportation fund to the conservation fund on July
1 of each fiscal year.
SB265, s. 3 12Section 3. 23.176 of the statutes is created to read:
SB265,3,14 1323.176 Nonmotorized trails maintenance and use program. (1)
14Definitions. In this section:
SB265,3,1515 (a) "Eligible recipient" means an entity that is listed in sub. (4) (b).
SB265,3,1716 (b) "Local governmental unit" means a city, village, town, county, or special
17purpose district.
SB265,4,6
1(c) "Nonprofit organization for nonmotorized trails" means a nonprofit
2corporation, a charitable trust, or other nonprofit association whose purposes
3include the acquisition, ownership, development, or maintenance of, or other similar
4benefits for, nonmotorized trails and that is described in section 501 (c) (3) of the
5Internal Revenue Code and is exempt from federal income tax under section 501 (a)
6of the Internal Revenue Code.
SB265,4,77 (d) "State agency" has the meaning given in s. 23.175 (1) (b).
SB265,4,10 8(2) Program established in department; rules. (a) There is established in the
9department a program to provide funding to maintain and enhance the use of
10nonmotorized trails throughout the state.
SB265,4,1311 (b) The department, in consultation with any council created under s. 15.04 (1)
12(c) to advise the department regarding nonmotorized trails, shall promulgate rules
13to implement and administer the program.
SB265,4,15 14(3) Trails qualified for funding. (a) To be a nonmotorized trail that qualifies
15for funding under this section, the trail shall be all of the following:
SB265,4,1716 1. Constructed, maintained, signed, and used primarily for activities that do
17not involve travel by means of a motorized vehicle.
SB265,4,2018 2. A developed trail that, for the total distance that it runs parallel to an
19roadway improved for vehicular traffic, is not physically connected to the roadway
20for the majority of that total distance.
SB265,4,2321 (b) The fact that a trail is open to use by snowmobiles or by motorized vehicles
22that enhance the accessibility of a trail for individuals with physical disabilities may
23not be used to disqualify a trail for funding under this section.
SB265,5,3
1(4) Entities eligible for funding. (a) The department may use funding under
2this section for nonmotorized trails that are under the jurisdiction of the department
3or another state agency.
SB265,5,54 (b) The following entities shall be eligible recipients for funding under the
5program:
SB265,5,76 1. A nonprofit organization for nonmotorized trails that owns or has
7responsibility to maintain a nonmotorized trail.
SB265,5,108 2. An organization or volunteer group that has a formal agreement with a
9nonprofit organization for nonmotorized trails to maintain a nonmotorized trail
10owned by the nonprofit organization for nonmotorized trails.
SB265,5,1111 3. A local governmental unit that has jurisdiction over a nonmotorized trail.
SB265,5,1412 4. An organization or volunteer group that has a formal agreement with a local
13governmental unit to maintain a nonmotorized trail under the jurisdiction of the
14local governmental unit.
SB265,5,2115 (c) Any nonmotorized trail for which funding is provided under this section
16shall be open to the public. In determining whether a nonmotorized trail for the use
17of which a fee is charged is open to the public, the department shall review the fee
18to determine whether the fee is reasonable. A fee is reasonable if it is not more than
19the corresponding fee established under s. 27.01 (8) (c) to use the state trail system,
20except that a higher fee may be determined to be reasonable if the specific use of the
21nonmotorized trail requires a higher level of maintenance.
SB265,6,8 22(5) Trail design and maintenance standards; coordination with trail plans.
23The department shall prepare comprehensive statewide best practice standards
24relating to designing and maintaining nonmotorized trails. The standards shall
25include methods for construction of a nonmotorized trail so as to reduce overall

1maintenance costs for the trail and shall include methods to reduce adverse
2environmental effects of the trail. The department shall coordinate the standards
3with the standards contained in any plans prepared for the state trail system and
4with any relevant plans prepared for local trails. The department shall develop the
5standards under this subsection as soon as possible after the effective date of this
6subsection .... [LRB inserts date], and shall revise the standards periodically, as
7necessary, to address issues that arise and that relate to the maintenance and use
8of nonmotorized trails.
SB265,6,14 9(6) Priority system for maintenance activities. (a) The department shall
10evaluate on a statewide basis the maintenance needs for all nonmotorized trails that
11are eligible for funding under this section and shall establish a priority system for
12the allocation of funding for maintenance under this section, based on the type of
13maintenance necessary and the urgency of the maintenance, and the type of trail
14involved.
SB265,6,1915 (b) In developing the priority system under par. (a), the department shall
16consider the types of nonmotorized trails listed in this paragraph, as well as any
17other nonmotorized trails that have critical and substantial maintenance needs. The
18department is not required to use the order of the subdivisions in this paragraph in
19developing its priority list. The priority list shall include all of the following:
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