Brook Waalen, of Luck, who has on numerous occasions sought state and local restrictions on ATV riding on public land, said he and his wife were hiking the National Ice Age Scenic Trail in far western Polk County on June 5 when they came face to face with two ATV’ers illegally riding on the footpath. The encounter took place about 4 p.m. on the IAT’s Sand Creek segment in Loraine Township near the Burnett County line, he said.

Four years ago Waalen took photos of ATV damage on the same section of trail and nearby wetlands. “Just once I wanted to catch someone in the act so I could give them a piece of my mind or at least sic the cops on them,” Waalen said.

He got his chance last month less than two miles from the trailhead on County Road E. The Waalens saw ATV tracks and heard the rumble of engines before they saw two ATV’ers driving through a stream.

“They were chewing their way along the Ice Age Trail until it hit the stream where they went wherever they pleased. They pounded the Ice Age Trail to the point where it is completely unrecognizable as a footpath. I have no idea how anyone is going to fix that trail,” he wrote in an e-mail to Silent Sports.

“The ATV’ers headed straight for us,” he continued. “We moved to the side and I signaled to them to stop. They blew past us within inches, spattering us with mud. We couldn’t read registration numbers behind the mud (or) their knees. So they made their escape.”

Not carrying a cell phone, the Waalens couldn’t contact authorities until they got home. They called the sheriff’s office and the Department of Natural Resources’ Violation Hotline (800/TIP-WDNR), Waalen said, “but without a registration number, we weren’t much help to law enforcement. To their credit both agencies followed up with a phone call.” Waalen also filled out a Wisconsin Trail Condition and Incident report for the DNR.

As unlikely as it is that the riders responsible will be apprehended, Waalen noted, it is almost certain “the local Ice Age Trail chapter won’t get any help, money or otherwise from the so-called legitimate ATV lobby to repair the trail.”

Waalen has lobbied unsuccessfully, as has this magazine’s editor, for ATV fines and registration fees to go toward the repair of trail and wetland damage cause by illegal and reckless ATV riding.

“I’ve been around Wisconsin ATV’ers enough to know that they are adamant about pay-to-play on Wisconsin’s public lands and trails,” Waalen wrote. “Seems reasonable enough that they could pay to repair the trails they wreck.”

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The comments on this story are written by our readers and are not necessarily the opinion of this publication or any of its sponsors.

KeithDK
7/31/09 - 10:18AM

No one in their right mind would condone this type of illegal activity. Should responsible ATV owners be punished for the actions of the irresponsible? Would responsible hikers like to be punished for those that litter? Would responsible bicyclists like to be responsible for those that stunt ride in areas they don't belong? All of us would like to throw out the bad apples.

 

Todd
7/31/09 - 11:43AM

Brook fails to mention, unlike his study a few years ago quoting law enforcement in Burnett county, that they now have one of the best atv enforcement programs in the state running in that county. A full time rec. deputy and 5 law enforcement aux. members that actively patrol and enforce the atv system every weekend. Of course how many bicyclists without gandy dancer trail pes does he make a stink about?

 

Brook
7/31/09 - 1:00PM

To KeithDK: If ATVers want access to public lands and trails they should, as a group, take responsibility for the damage that ATVs cause. Consider that a portion of the fees and taxes I pay to use public lands/trails is used to repair vandalized bathrooms. I'd rather not take financial responsibility for vandals but I have to pay to play. ATV damage is obvious so as an ATVer own it. To Todd: As of this summer all that ATV enforcement in Burnett County has not able to protect public lands and trails from ATV vandalism. In fact, County Planning documents (Oct 2008, Nat Res Focus Group) indicate that ATV riding in the county is a multiple THREAT as opposed to an opportunity and that even more ATV enforcement is needed. If this is one of the "best ATV enforcement programs in the state" we're in worse shape than I thought.

 

KeithDK
7/31/09 - 2:12PM

Brook: I'll send you a bill for my fence damaged by young rogue bicyclists, the damage is obvious and you cycle so own it. I know you aren't responsible for this damage and don't hold bicyclists responsible, nor view bicyclists in a negative way because of it. The root cause of the problem is illegal activity, punish the criminal. Pointing fingers solves nothing. No individual or group should accept consequences for actions they did not commit or condone. Unfortunately, I believe you feel that anyone who rides an ATV for any purpose is a criminal. The fact that I also plant trees, hike, kayak, and have bicycled thousands of miles means nothing in your mind. You best be conscious of who your close minded thinking offends.

 

todd
7/31/09 - 4:52PM

Cameras and security guards dont stop shoplifting at stores either. You have this illusion that a few incidents which slip though, are the end of the world.You have more bicyclists illegally riding the gandy without a trail p then there is atv problems as pointed out in this article. I dont approve or think its right to ride an atv on the ice age trail either, but when it happens on very isolated instances its not a end of the world problem like you make it out to be.

 

John M
8/1/09 - 11:45AM

You wre on a trail, and ATVs being ridden ILLEGALLY on the same trail were "coming right for us". Well of course they were, you were both on a trail. Did you expect them to go flying into the woods to avoid you? They were “They were chewing their way along the Ice Age Trail ..." did they have gum? or chewing tobacco? Theu couldn't have been rolling on low pressure tires....no they were CHEWING their way along the trail.. " They pounded the Ice Age Trail to the point where it is completely unrecognizable as a footpath. I have no idea how anyone is going to fix that trail" Ok, so now I have a picture of a couple guys with chewing gum and hammers pounding the trail "to the point is was no longer recognizable as a foot path" so 2 ATVs in one p made the trail unrecognizable??? and needs to be "fixed"?!??! Here is how you "fix" it....walk on the trail. To tough? OK, take an ATV and hook a drag to it to smooth out your (your?) trail. Want the ATV community to pay for it...you supply the drag, and I'm sure you'll find a volunteer with an ATV to pull it. You'll get more help working WITH ATV groups rather than making wild exaggerations about how 2 guys chewed and hammered a trail into obscurity before your very eyes.

 

Wheel'r
8/3/09 - 10:28PM

I don't like irresponible riders(LAW BREAKERS) either but the people who caused the damage should be held responsible not the LAW ABIDING MAJORITY!Just rember when you out in the middle of no where and you twist your ankle or fall off your bike and break you leg an ATV will most likely be sent in to haul you out!

 

Doug
8/4/09 - 12:46PM

There has got to be some middle ground. This pendulum swings both ways. I and some relatives (cousins) went out on a privately owned trail that we share with the public as hiking and skiing trails. While we were riding we came up on some hikers, we pulled to the side of the trail and slowed down to reduce noise and dust. The hikers stood in the middle of the trail waving there arms and shouting at us that we were riding illegally. Calmly I told them of the easements that pertained to this trail and that we were well within our rights to ride there. They went on to complain about how we just ruined there weekend and would not be returning to this area. Now I don't hold grudges and everyone is enled to there own opinions and beliefs, but before anyone starts pointing fingers and making claims just remember that there are unlikables on all sides of the issue. I have filled out several surveys for DNR in both Wisconsin and Michigan about trail systems and rider responsibility. Making those who follow the rules take responsibility for those who break the law won't stop the law-breakers from doing what they do, it just means they are getting away with a crime without punishment. Just my two cents.

 

bill
8/5/09 - 10:19AM

Brook, you site an interesting "charge" based on 2008 information from, apparently, Burnett County. Last year we had limited patrol activity in the county. This year we have increased patrol activity by an order of magnitude. And it is starting to pay off in less off road riding and by getting illegal machines fixed. But why are you not upset about the illegal bike riders on the Gandy in Burnett County? Why are you not upset about the bikers who blow through stop signs on every road in the state? Why are you not upset about the bikers who white line and yellow line in traffic? Why are you ONLY upset about one type of illegal activity? Are not all laws created equally? Should not ALL of us obey the laws to the best of our ability? Or are silent sports enthusiasts somehow exempt from the requirements of legal behavior? In Burnett County we have volunteer ATVers, who ride at their own expense, working directly with the sheriff's deputy to patrol the ATV trails. And it's working. There is not one single volunteer biker in Burnett County working with the sheriff's deputy to patrol the Gandy and keeping bikers legal and safe. Not one. Now, please tell me, again, which group is being more responsible and is actively working to enhance their chosen sport?

 

Brook
8/11/09 - 2:46PM

Freeloading, tresp, vandalism, and littering by bicyclist and other silent sport enthusiasts are upsetting but such episodes don’t really measure up to the extent that ATVs damage public lands and trails. This is about the scale of damage caused by one user group. Think mechanical advantage. Even if only a fraction of ATVers disregard the law those few can do a great deal of damage. Some, if not all of you, feel the ATV riding community has no responsibility for ATV-caused property damage/vandalism. I simply disagree with that mindset. To John and others like him: if you have no idea how a sustainable hiking trail is designed and built or how to repair them may I suggest keeping your sarcasm to yourself because you’re only showcasing your ignorance and polarizing the issue further. To Bill and Doug and others like them: thanks for your thoughtful comments and good luck with your efforts.

 

JeffOYB
8/28/09 - 7:13PM

Here's a related notion. I'm a Michigander who is not familiar with the motosport/horse trail scene. Silent sports (especially MTB and XC-ski) seem very pro-active about trail maintenance and erosion prevention, with both paid and volunteer trail crews. Do moto/horse scenes have this as well? (I've seen big groomers shaping snowmobile trails and I've heard they have crews and budgets, so there's that.) Since motosports can have such a big impact on the land maybe their trail crews could hop over to where scofflaws have beat things up and fix em. I suppose there'd be juggling of budgets, crews, deals, contracts and jurisdictions on all this, but who better to fix moto-abuse than a moto-trail crew (if they exist)?

 

8/28/09 - 10:01PM

 

8/28/09 - 10:01PM

 

Brook
10/15/09 - 11:30AM

To JeffOYB from Mich: This has nothing to do with horses or horse trails. The ATV damaged occurred on the Ice Age National Scenic Trail which is a hiking/skiing trail. Like most MTB zzz XC-ski trails the IAT is built to stringent standards to resist erosion and all but eliminate maintenance if used as intended. You're right that since motorsports have big impacts their resources should be directed to repair trails vandalized by ATVers. If ATVers are not controlable they should at least be liable.

 

Gary
11/9/09 - 9:43AM

Don't Atvers partially pay for non-motorized trails now? They buy gas, and part of that gas tax goes to rec trails. Just a thought.

 

Bruce Steinberg
12/2/09 - 10:52AM

I'm interested in KeithDK's situation of a broken fence. How does a bike rider break a fence? Presumably by riding in to it and, to break it, at a fast speed, whether wood, metal, or plastic. If he says it was done by a cyclist than he must have seen it because no doubt the cyclist could not still be on two wheels at that time, and more likely down on the ground a bit stunned and in pain. No doubt the witness had every opportunity then to meet up with this particular offender. I'm not calling KeitDK a liar on this but the lack of details simply causes me to make the above observations. More to the point - this "bad apple" argument ATVers use is so very lame. All anyone has to do is peruse the web sites and other ads ATV makers, sellers, and marketers put out there to see what they promote: power, speed, acceleration, ground-chewing wheels - the thrill of riding comes inherently from tearing around corners and over and down hills, presuambly both at the same time. Spattered mud is a goal and badge of honor. It is rare, in fact, to see ATVers not do this sort of riding. Their markings are on the Great Western trail out here, and the park across the street, always - always - making sure that the great snowfall and ski trails thereafter created are hopelessly ruined in less than 24 hours until the next snow fall when the cycle repeats itself. It's inherent in the industry, the ATV itself, and the people who ride them. To the extent of bad apples, at some point in their ATV riding they comprise nearly all of the apples in the ATV rider bushel.

 

Keith DK
1/4/10 - 10:26PM

Bruce, the cyclists I spoke of riding on and damaging the fence are of the stunt riding variety. No doubt you've witnessed the No Bicycling/skateboarding signs in problematic areas. Considering I lived in the building directly connected to the fence, you are correct in assuming I witnessed this behavior, normally at late hours while trying to sleep. Confront them and call the police I have, more times than I could count. Results? Zero. If this was my only experience with bicyclists, my opinion of them would be strongly biased in a negative way, no different than your experiences with ATVs have led you to your negative view. Ask yourself this; are you only viewing the negative marketing of ATVs because it makes you right? How does this affect the acuracy of your perspective? I hate rogue ATV riders more than yourself, but labeling all of us criminals makes you part of the problem. Would you be satisfied even if the rogue ATV riding damage was repaired? Not likely. You'll only be satisfied when ATVs are banned out of existance. I forgive you for your false acusations and hope you can spend more time enjoying your hobby rather than looking for reasons to not enjoy it. Cheers.

 

Jack
1/6/10 - 9:41AM

I'm with Doug-most people are capable of civility, and able to work toward a common goal. That said- kudos to ATVers who operate on designated trails, and shame on legislators who consider allowing broader operation on public lands! Our bicycling image as arrogant roadhogs is an entirely different issue- but kind of close to home-no?

 

Bruce Steinberg
1/6/10 - 11:40AM

Dear Keith - You included in your latest post on this thread: "Bruce, the cyclists I spoke of riding on and damaging the fence are of the stunt riding variety. No doubt you've witnessed the No cicycling / skateboarding signs in problematic areas. Considering I lived in the building directly connected to the fence, you are correct in assuming I witnessed this behavior, normally at late hours while trying to sleep. Confront them and call the police I have, more times than I could count. Results? Zero." Keith - given all these personal encounters you've had with the violaters and the police, I'd consider researching a story for a SS column. I'd like to hear back from you the name of the police department which took these many reports and its town / county and state. I'd like to find out why the police aren't acting on such legitimate complaints because they absolutely should for all our sakes. You should be getting resution back from these people, especially the ones you actually met and confronted countless times. And yes I am familiar with roller-bladers and skateboarders marking up curbs, sidewalks and railings. The police should bring prosecutions to the state's attorney's office for damage to property. I've seen these brought here many times in my Kane County illinois court system. I'd like to know why that hasn't happened in your instance with your property in your jurisdiction. Although I have to admit I'm completely at a loss as to how a bike could "stunt" a fence once let alone a lot of times. Let me know that too. I've written about poor behavior by my cycling freinds before (typically dangerous rules of the road violations) and would do it again if the information is there. On one of your points, I would beg to differ - I'm not part of the ATV debate / understanding problem. I don't ride ATVs and I don't protest them. Expressing an opinion here makes no person a problem. My mindset on ATVs is my own. In my semi-rural area where I've lived since 1987, my encounters with ATVs have been numerous. In each instance the riders were riding where they should not have been, at speeds that were maxing their limits, often with dare-devil type turns. I've only been able to personally confront them twice. Both times while on the Great Western Trail (where ATVs are banned) several years apart. In each instance I yelled (b/c their engines were decibal-breaking, but admittedly I wasn't happy either) for them to slow down. In each instance, in return, they demonstrated their colorful ability to swear. As far as the ATV ads are concerned, they are what they are. With only rare exceptions, ATV sales ads promote power, size, and their models' aggressive abilities. I find it hard to believe that these ads would focus on that if such elements weren't precisely what caused sales to happen among most ATV buyers. It's not about the "few bad apples" among ATV riders; rather it's the nature of the ATV beast.

 

Keith DK
1/7/10 - 10:56PM

Bruce, I appreciate your concern and willingness to help, but I solved the problem by moving to the beautiful countryside with river frontage as a "fence"...my own slice of Heaven. This was an ongoing problem for years and I'm sure still is. Trouble is, the current landowner isn't concerned because he rents the building and has trouble with dead-beat tenants that now probably don't care. My point in bringing it up was to illustrate that individuals need to be held responsible for their actions...something it sounds we both agree on. Stunting a fence is easily possible, preferably if there is a natural ramp leading up to the fence, in this case the countour of a blacktop parking lot. Usually done by minors on BMX bikes. I'm sorry to hear about your negative experience with ATVs...I really wish I could change that, but know well enough that I can't. The ATV marketing you speak of is "sex appeal"; restraint must be exercised by the operator. Automobiles are advertised in a similar manner, spinning tires, sliding, etc. Only the operator can be responsible for the actions of the vehicle, the vehicle on its own is harmless. You've been very kind Bruce, but I don't feel welcome here because I'm not. Even though I enjoy the silent activites promoted, the concept of owning and operating an ATV responsibly is not accepted. A line has been drawn in the sand and even though we may be very much alike, I've been forced to the other side. I don't want to anger your readers with unwelcomed views and will no longer comment. Thank you again for your kindness and desire to help.

 

Bruce Steinberg
1/8/10 - 8:37AM

Keith - you seem to be taking an all or nothing approach with the people on this post. I cannot fathom people not accepting you, your feeling unwelcome, or lines being drawn in the sand. Simply put - at issue is whether all ATV users via an additional tax at ATV purchase time or through an additional licensing tax should be paid to help offset damage done by ATVs. The ATV counter-argument includes pointing fingers at individual instances of damage caused by cyclists and the few bad apples defense. I believe these arguments are not valid for the reasons I've written about before. By their nature, ATVs will cause damage, even on permitted land use, and ATV noise and fumes deter other uses and severely disrupts wildlife. These give and take arguments are not personal attacks. ATV people are of course not in and of themselves bad apples as people because of their stance on ATVs Certainly anger may flash now and then over the debate, but overall I only suggest that you step back a bit and not abandon a segment of people because of strong opinions in a give-and-take debate. My best friend and his dear family have and occasionally abuse their ATV. Somehow I manage to still adore each of them. It would be a shame, then, for you to simply go away; and, as I see from all the posts here, you are not alone in your opinions on this topic.

 

Jaws
2/2/10 - 11:01AM

What these atv riders did was what gives all riders a bad image. If anyone would see the atv'ers on the Jackson county or Clark county trails would see that not all atv'ers are out to race or push the limits of their machines. Many are just out to be in nature and see the sights. I can understand Mr. Brooks concern over the lack of enforcement of the rules. I have the same feeling when I am out xc skiing and come upon a runner. When I mention the no running on groomed trails I usually get a mumbled go f yourself. One thing I do find amusing is while xc skiing I hear people complain about the sound of snowmobiles in the distance yet when the groomer passes by no mention is made of the noise or exhaust. Can you say hypocrites?

 

Brian
2/3/10 - 12:18PM

As an ATVer, MTB/Road cyclist I would like to share my experiences. First, by nature of it's design, ATV's do cause the most damage to soft surfaces (non-pavement) than any other small off-road vehicles. They have knobby tires and lot's of power, it is often irresitable to throw them into corners and give it hell. Mountain bikes also cause damage but much less so. Whether I ATV or mountain bike, I avoid doing it when it is muddy as to avoid creating deep ruts that are very difficult to repair. The fact is they damage trails, period. The key is responsible riding. Do not ride on hiking only trails, stay off private land unless you have permission, and don't hurt others on the trail, etc. ATV's do cause damage to trails but it is the rider that determines to what degree of damage that is. I think the ATV organizations should promote responsible riding, it would help to foster a better image of ATV riders.

 

Bruce
2/3/10 - 8:52PM

To Jaws: It's interesting that you're a XC skier and write that many of these ATVers are out to be in nature and see the sights. I just can't understand the mindset of being out to enjoy nature on an inherently loud, exhaust-fuming machine. And if so, if people are out on an ATV to enjoy nature as oppose to enjoying the inherent power of an ATV machine, how fair is that to others in the area just for the amusement of the atv ride? I'm also curious as to the ski trail you refer that is off-limits to runners but you find runners out there on occasion anyway. Do you have the trail's name? I XC ski out on the Herrick Lake / Danada woods trails, and see a more-than occasional walker and hiker out there. But these are footprints made by people, not by people on top of 400-plus-pound, wheel-spinning machines. Don't you see the difference? The footprints left behind by walkers and runner do not really harm skate-skiing, and they stay out of the classic tracks because it's simply not easy for people to walk on them. While snowmobiles do make noise and the fumes, their propulsion system doesn't rut out a trail nor spew up earth. As to groomers, they serve an obvious purpose that has nothing to do with the joy of its one rider; they groom the trail for the skiing enjoyment of all as oppose to rutting out the land, and you're not going to find a gaggle of groomers on a trail system. I don't understand the comparison. What is very refreshing, though, is what Brian wrote, especially since he rides ATVs, as I have done in the past. My next column, for the March issue, should Joel P. choose to publi, is about the language of the ATV industry. I don't see a compromise because of the very nature of ATVs and its promoting industry. If there is a solution, as Brian touches on, it is to define where and how ATVs should be ridden in light of each ATV's natural allure to go fast and hard.

 

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