The registration of all-terrain vehicles (“ATV”) and utility terrain vehicles (“UTV”) in Wisconsin has steadily increased in recent years. A comprehensive study conducted by Daniel Lee Consulting LLC indicated that among Wisconsin residents, nearly 380,000 ATV/UTV registrations were issued in 2023 alone. This figure included only recreational licenses/registrations (not commercial), further illustrating the continued growth in recreational ATV/UTV use. These recreational vehicles are being used more and more on Wisconsin’s trails and roads. Being educated about the law that governs the use of them will go a long way to keeping your municipality safe and problem-free when utilizing and implementing ATV/UTV regulations.

Increased ATV/UTV usage has impacted Wisconsin’s municipalities, as they continue to evaluate whether, where, and how to authorize ATVs/UTVs on local roads and trails. While communities may weigh potential recreational and economic benefits, municipalities also face practical operational questions: how to define routes, and how to craft local rules that are clear, enforceable, and aligned with public safety.

What Does the Law Say?

The primary statutory framework is Wis. Stat. § 23.33, which establishes statewide requirements and authorizes municipalities to designate ATV/UTV “routes” and “trails” and regulate their use by ordinance. Municipalities have room to tailor ordinances locally, but those ordinances must stay within the authority granted by statute and cannot conflict with state law. For that reason, ordinances often focus on clear operating conditions (such as route boundaries, hours, signage responsibilities, and enforcement expectations) while remaining consistent with state law.

Section 893.80(4) is also relevant. In general, it provides immunity from liability for discretionary, legislative policy decisions made by local governments, such as when a municipality enacts an ATV/UTV ordinance. However, that immunity is not absolute and may not apply in circumstances involving ministerial duties or known and compelling hazards, such as failures to implement required signage standards or to address known roadway safety issues once identified.

Given the evolving ATV/UTV regulatory landscape, Wisconsin law continues to develop in response to increased use. Effective March 22, 2026, 2025 Wisconsin Act 114 strengthened key safety and accountability provisions, including broader careless/reckless/negligent operation standards and a new duty to render aid following an accident, along with potential treble damages for property impairment resulting from careless operation. Against that backdrop, municipalities often ask what safeguards can reduce ambiguity and enhance safety while remaining within statutory authority.

What Are Some Ordinance Safeguards That Clarify Rules and Reduce Risk?

Wisconsin’s ATV/UTV statutes provide detailed guidance, but they can be technical and spread across multiple sections. For that reason, municipalities may elect to summarize or restate the most relevant rules directly in an ordinance, using clearer wording and local route references. The goal is transparency: helping operators and residents quickly understand where riding is allowed and what conditions apply, while remaining consistent with state law. Copying and pasting the statute into an ordinance does not always allow for easy digestion of the rules.

How to Designate Routes?

The definition of “all-terrain vehicle route” under Wis. Stat. § 23.33(1)(c) allows for highways to be designated as “routes” for ATV/UTV purposes. In practice, route designation also depends on where operation is permitted on the highway. WisDOT guidance for ATV/UTV operation on state and connecting highways emphasizes that an ATV route is on the “roadway” portion of the highway, as that term is defined in Wis. Stat. § 340.01(54), and not on the shoulder or other parts of the right-of-way.

This issue is especially important when a municipality is considering designating routes that include (or connect to) state trunk highways, because WisDOT approval is required for an ATV route designation on state and connecting highways. On local roads, municipalities can reduce confusion by stating plainly whether operation is limited to the paved roadway, whether shoulder use is prohibited, and how those rules apply across different road types. Depending on roadway design, speed limits, and traffic volumes, some municipalities choose to prohibit shoulder use entirely as a clarity and safety measure, particularly on higher-traffic local corridors.

Speed limits are another tool municipalities may consider when designating routes. Under Wis. Stat. § 349.11, local authorities may modify speed restrictions on highways under their jurisdiction. Similarly, municipalities may include speed limit provisions in their ATV/UTV ordinance, such as requiring operators to travel no faster than the posted speed limit and, where appropriate, adopting a lower operating speed for designated routes as a practical safety measure.

How To Know What Constitutes a “Route”?

Route designation is only as clear as the public notice that accompanies it, and signage is a core part of that notice. Wisconsin’s statutory and regulatory scheme (Wis. Stat. § 23.33(8)(e-f) and NR 64.12(7)) contemplates the standardized route and trail signs and prohibits interference with legally placed signs, which underscores how central signage is to the system’s operation. Accordingly, municipalities often tie route authorization to uniform signage standards so operators can readily tell whether a segment is open, closed, or restricted.

Local ordinances often address this by identifying who is responsible for sign placement and maintenance (for example, public works or highway department), and by requiring that routes are not treated as “open” until proper signage is placed. This approach does not change the statute; rather, it makes the statute workable on the ground by aligning the legal concept of a “route” with visible, consistent route markers that riders and law enforcement can recognize.

What if the Route is a Shared Corridor Between Municipalities?

ATV/UTV routes frequently function as connectors, and riders may cross municipal boundaries without realizing it. Wisconsin law allows municipalities to regulate ATVs/UTVs on routes they designate, but it does not eliminate the practical reality that adjacent municipalities may adopt different local conditions (hours of operation, speed limits, shoulder use, and related restrictions). That mismatch can create confusion, especially where a roadway segment is shared with another jurisdiction or where a route continues seamlessly across a boundary.

A municipality can reduce that confusion by making clear within the ordinance how route rules apply on shared segments by coordinating with neighboring communities on core operational terms and signage placement. The benefit is practical: coordinated standards make it easier for riders to comply and for law enforcement to apply consistent expectations, particularly where the physical roadway does not “announce” the boundary.

Section 23.33(12)(a) provides broad enforcement authority for ATV/UTV regulation, including for state traffic patrol officers, inspectors, conservation wardens, county sheriffs, and municipal peace officers to enforce Wis. Stat. § 23.33 and conforming ordinances. Section 23.33(12)(b) also makes clear that an ATV operator may not refuse to stop when requested or signaled by law enforcement.

From a municipal ordinance drafting standpoint, restating these enforcement basics in an ordinance can help set expectations for riders and reduce misunderstandings during enforcement encounters. It also helps municipalities explain that ATV/UTV route rules are not merely “suggestions” but are enforceable traffic and safety regulations.

How Can an Ordinance Address Age of Operation, Licensure, and Insurance?

Section 23.33(5)(a) specifies age limits, including that children aged 12–15 may operate ATVs/UTVs in certain circumstances on a roadway if accompanied by an adult who is designated as their legal parent or guardian. That structure reflects statewide balancing between youth recreation and supervision-based safety controls, though for some municipalities, allowing youthful operation may be undesirable.

As such, municipalities may choose to codify stricter, bright-line rules for operation on municipal routes, particularly roadways designated as routes. For instance, a municipality may require a higher minimum operator age on designated routes, because roadway operation involves interaction with motor vehicle traffic and presents different risk profiles than off-road trails or private land. When framed as a condition of using municipally designated routes, this kind of local rule can reduce ambiguity and simplify enforcement.

In a similar vein, multiple provisions within Wis. Stat. § 23.33 address registration and public operation requirements and anticipate that route travel will occur in environments shared with motor vehicles. Municipalities sometimes supplement this framework by requiring, as a condition of operating on municipal road routes, that the operator hold a valid driver’s license and maintain liability insurance consistent with motor vehicle standards.

These types of conditions are often viewed as practical risk management tools for roadway environments: they help ensure that individuals operating on public roads have baseline driving qualifications and that there is a clearer insurance backstop if a crash causes injury or property damage. They also simplify enforcement because they rely on familiar concepts (license and proof of insurance) that are routinely checked in roadway contexts.

How to Balance Alcohol and Impairment Factors?

Section 23.33(4c) governs intoxicated operation of ATVs/UTVs, including impairment-based violations and alcohol concentrations of 0.08 or more, but it does not always address alcohol possession, consumption, and open container prohibitions in the same direct terms that the public may be familiar with from traditional motor vehicle regulation.  Alcohol use can still affect reaction time and judgment, and those effects may be magnified when operating ATVs/UTVs on mixed-use roadways and routes.

For that reason, some municipalities choose to address alcohol-related concerns by adding route-specific conduct restrictions, such as prohibiting consumption of alcoholic beverages while riding on a designated route and restricting open containers for both operators and passengers. The policy rationale is not to change Wisconsin’s OWI standards, but to reduce gray areas and deter behavior that can increase risk on shared roadways, particularly where routes may be used for point-to-point travel between establishments or events.

If your municipality has questions about Wisconsin’s ATV/UTV regulatory landscape or how local ordinances may be drafted, updated, or enforced, consider consulting an attorney practicing in municipal law to help navigate the applicable statutes and local considerations.