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By Jim Furley, February 23, 2016

Wisconsin lawmakers once again are discussing the public’s right to easily access lands and waters in Wisconsin. The outcome could have a big impact on tourism.

At a recent public hearing in Madison, state Rep. Lee Nerison (R-Westby) said, “It’s currently illegal to cross the railroad track to access and enjoy our states many public lands and waterways. Until 2005 (Act 179) it was not considered trespassing to directly walk across the tracks or right-of-way of any railroad. Assembly Bill 876 simply restores the law to where it was prior to 2005.”

It should be noted that if you’re not at a dedicated crossing, Act 179 also made foot traffic illegal for property owners to cross private land as well. During the last state budget, Governor Scott Walker vetoed a similar attempt to allow direct pedestrian access across railroad tracks.
Walker said: “I am vetoing this section because I am concerned that allowing a person to walk across railroad tracks outside of a designated crossing impairs public safety.”

Rep. Nerison is one of several lawmakers who introduced AB 876.

Nerison went on to say, “Wisconsin has a rich tradition of outdoor recreation reinforced by the state’s constitutional guarantee of the right to hunt, fish and trap. This bill allows our constituents to freely enjoy our state’s public recreational areas.”

George Meyer, executive director of the Wisconsin Wildlife Federation, supports the bill. Meyer said the current law is a state-wide problem. Meyer explained that he asked the Department of Natural Resources (DNR) for a list of DNR properties impacted by the law.

“We got back a list of 121 DNR properties that are bisected by railroad tracks,” he said. “This does not include railroad crossings that cross federal lands such as U.S. Fish & Wildlife Refuges and National Forests.”

Meyer pointed out that a railroad track cuts straight through Devil’s Lake State Park near Baraboo. Nearly 2 million people visit the park each year. “I’m confident in saying that a minimum of 100,000 people a year cross that railroad track. I suspect that a few, if any, understand that they are violating the railroad trespassing law,” Meyer said.

Even though the AB 876 is supported by a long list of outdoor groups, it also has many groups that still oppose it. The Wisconsin Legislature received a letter from the DuPage Railroad Safety Council. The Illinois organization said, “Not only is it wrong to allow people to trespass on private property (railroad tracks), more importantly, it is exceedingly dangerous.”

Last May, the La Crosse Tribune reported that, statistically, accidents are more likely from people intoxicated, suicidal, or simply wandering down the tracks than crossing them.

Dan Trawicki, who represents the Safari Club International for Wisconsin, agrees. Trawicki has read only one report of a hunter or angler killed by a train while walking across railroad tracks in Wisconsin.

Mark Clements, owner of Clements Fishing Barge in Genoa, has a lease with the railroad that allows his customers to walk across railroad tracks to access his business on the Mississippi River. Clements also runs a bait and tackle shop and is a passionate supporter of Nerison’s bill.

“The injury numbers are deceptive,” Clements said. “Most train accidents happen at dedicated crossings. We should be more concerned with that.”
Clements went on to say there are other activities more dangerous than walking across railroad tracks.

“You’re more likely to be killed riding a bicycle,” he said.

Even if statistics don’t show that walking directly over railroad tracks is a major problem, there are plenty of powerful lobbyist lined up to sink the bill. According to the Government Accountability Board, in addition to three railroad companies, 16 other groups are against AB 876. They include: The Wisconsin Manufacturers & Commerce, League of Wisconsin Municipalites, Wisconsin Railroad Association, Wisconsin EMS Association, Wisconsin Troopers Association and the Wisconsin Professional Police Association.

It’s unfortunate, but in life there are risks in everything we do. We don’t outlaw bicycles, so why do we outlaw outdoor recreationists and other responsible pedestrians from walking directly across railroad tracks?

The railroad trespassing bill flew under the radar and was passed in 2005. The law made no sense then, it makes no sense now. I feel that the law is wrong for Wisconsin.

As of this writing, AB 876 passed the Assembly and now goes to the Senate (It’s now Senate Bill 734). If readers of this column don’t contact elected Wisconsin lawmakers soon in support of Senate bill 734, public access to prime outdoor lands and waters in Wisconsin will get more restrictive every year, or possibly eliminated, forever. The future of Wisconsin’s outdoors is in your hands.

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