Greetings Friends of the Rustic Road
June 23rd- Town Meeting!
The Town of Plum Lake Board is scheduled to vote on approving their County Highway proposed ATV/UTV routes on Tuesday, July 23rd, 2024 at the Town Hall. Once the Town Board approves the plan, it will be forwarded to the Vilas County Board of Supervisors for final approval.
Please join us at the meeting to voice your concerns. Is the Rustic Road a safe road to add ATV/ UTVs on? The section the Town is suggesting contains a 90 degree turn and 2 huge hills with severe grades/ slopes.
There are other potential routes to connect the Star Lake Store and Stillwaters. Before sending to the County for County Highway approval, the Town should investigate alternative routes that are safer then their suggested route.
We have serious safety, enforcement, and environmental concerns with allowing ATVs on the Rustic Road that have not been adequately addressed by the Town. If you agree-- please come to the Town meeting on 7/23.
If you are interested in signing our petition, please let us know and we will send someone over to your Star Lake address to gather your signatures. We would also like welcome you to show your support by exhibiting a FREE Save Our Rustic Road yard sign on your property. Please contact us at saveourrusticroad@gmail.com and we can bring the petition and yard sign to you.
We are considering alternative ATV/UTV routes that connect Star Lake businesses that would be safer than using the Rustic Road that is full of curves and hills. Similarly, we not want to select a route that adversely affect neighboring properties.
To support our cause financially, Donate Now to Save Our Rustic Road!
THANK YOU FOR YOUR SUPPORT!
How did we get here?
1. Town Board Meeting on June 11th - At a meeting scheduled for this Tuesday, June 11th at 5:30 pm, the Town Board is expected to approve an ATV route that will connect the Sayner Pub, Hillside and Stillwaters on the following route: driving on County N the entire way from Sayner to County K in Star Lake and proceeding west on County K (the Rustic Road) until Stillwaters. This route has not been publicly announced but the Town Chair advised Libby of the route Thursday. There are numerous problems with what is contemplated: (i) inconsistent with purpose and nature of Rustic Roads and Rustic Road regulations; (ii) ignores safety issues of allowing ATVs on narrow, windy and hilly road; (iii) no enforcement mechanism to prevent ATVs from proceeding further on the Rustic Road or traveling off of the contemplated route; and (iv) substantial problems with the process used.
2. How Did We Get to This Point – The key events leading to the expected approval of the ATV route at Tuesday’s meeting are summarized in the bullets below:
2015 Survey - The Town conducted a detailed survey in 2015 that showed that roughly 2/3 of respondents were opposed to allowing ATV use in the Town of Plum Lake.
2023 Town Recreation Survey – Although the survey sought input from all members of the community (including electors and property owners) on their preferences on dozens of recreational activities, conspicuously absent was any mention of ATV use.
May 15th Town Poll – During the heart of Mud season when many residents leave to visit family or take vacations, the Town Board announced that on May 15th, the Town Board would conduct a poll of electors (i.e., voting residents only). Additionally, only electors who submitted responses to the Poll in-person at the Town Hall would be counted. The timing of this poll appears to be deliberate - - to minimize participation. The input of non-voting property owners was not considered and ignored. Worse yet, the input of electors unable to be physically present in person on May 15th was not counted. I personally sent an email from Europe with my response to the three questions being presented at the meeting. My responses were not counted in the poll results even though I included a copy of my driver’s license as instructed by the Town Chair in a telephone conversation. The process seems to have been designed to achieve the “desired” result.
May 28th Town Board Meeting – The Board presented the results of the May 15th poll. Approximately 60% of the electors who came to the Town Hall and physically submitted responses supported ATV use.
3. Issues Not Adequately Considered by the Town Board -
Opening up Town and County roads to ATV use within Plum Lake Township is an important issue that will have long-term impacts on our community. We are concerned that the Town’s consideration of this issue was purposely rushed and has ignored important issues raised by the community. For example, has the Town Board properly considered the following:
Rustic Road Regulations - ATV use is not specifically allowed on the Rustic Road. The Wisconsin statutes governing Rustic Roads make it clear that ATVs and UTVs are not authorized to operate on Rustic Roads. Section 83.42 of Wisconsin Statute states the purpose of Rustic Roads and details the types of vehicles and the nature of the use of vehicles contemplated to be operated on a Rustic Road. “In order to create and preserve rustic and scenic roads for vehicular, bicycle, electric scooter, electric personal assistive mobility device, and pedestrian travel in unhurried, quiet and leisurely enjoyment to protect and preserve recreational driving, culture, beauty, trees, vegetation and wildlife by establishing protective standards of rustic road design . . .” In section 340.01 “Definitions”, the term “motor vehicles” is defined to exclude ATVs and UTVs unless the statute at issue specifically authorizes ATV or UTV use. Section 83.42 of Wisconsin Statute does not specifically reference ATV or UTV use. Therefore, such use is not authorized on Rustic Roads. The Town of Plum Lake has no authority to authorize such use. Besides this technical legal constraint, I believe that ATVs on the Rustic Road is also inconsistent with the purpose of Rustic Roads: the quiet and leisurely enjoyment of the beauty, trees, vegetation and wildlife that exists along the Rustic Road.
Safety: There are serious safety issues inherent in allowing ATVs to operate on (i) CTH N, (ii) CTH K from Burnt Bridge to the intersection of CTH K and CTH N and (iii) the section of the Rustic Road (from the intersection of CTH K and CTH N to Stillwaters). This section of the Rustic Road includes a very tight turn that has already been the site of several automobile accidents and includes several hills that limit visibility and would create a safety hazard with slower ATV traffic not being visible to automobile traffic. In addition, allowing 12 year-old, unlicensed drivers to operate an ATV on a narrow, windy and hilly road with trees close to the road edge creates significant safety risks. The Town has not conducted a safety analysis to evaluate the risks of adding ATV traffic to the proposed route. It seems imprudent and irresponsible not to conduct a safety study before approving the ATV route.
· Enforcement Concerns: Enforcement has been brought up several times at Town Board meetings. Last summer, even though ATVs were not allowed to travel on any Town roads, they were observed in numbers on several Town roads. For example, we personally observed ATVs on the Rustic Road and called the County sheriff’s department. First, they asked if we had already called because other Town residents had already called to complain. They also indicated that there wasn’t much they could do because the ATVs would likely no longer be there if they were dispatched. ATVs were a problem in our community last year, even though they were not authorized on any roads within the Town. I can only imagine that ATV traffic beyond any authorized route will increase significantly once any route is approved. Has the Town considered hiring a constable on weekends or high expected use Holidays to police the end of any approved ATV route (e.g., County K beyond Stillwaters).
The fines generated from hiring a Town Constable on a part-time basis could be used to pay for the position and ensure that our roads are safer. It is irresponsible to knowingly create an unsafe condition and take no action to address it.
Input of Only a Small Fraction of the Community has been Considered: Many electors and property owners will be furious to learn what the Town is about to implement. The input of electors who were unable to physically go to the Town Hall on May 15th was not considered in the Poll. This includes electors who (i) were out of town on that particular day, (ii) are handicapped or sick and unable to physically vote at the Town Hall that day, and (iii) were not even aware that a Poll was being taken. Approximately, 170 electors of the total 412 electors in Plum Lake or roughly 40% supported ATV use.
The input of another important constituency was completely ignored - - property owners. There are roughly 1750 property owners in Plum Lake. The 170 ATV supporters participating in the Poll represent less than 10% of our broader community. Property owners now feel their input is not being solicited or considered on important issues. As many people at the last two Town Board meetings noted, the Town Board welcomes the input of non-elector property owners when it involves supporting the $4 million grant proposal being pursued by the Town but completely ignores their input with respect to the ATV issue. It is true that only electors can vote on Town matters, but the “informal poll” was not a Town vote. It seems only reasonable that the Town Board would consider the input of non-elector property owners. A great deal was said at the Town Board meeting about bringing the community together and eliminating division. Ignoring/insulting property owners who pay a majority of the property taxes that support our Town is hardly bringing our Town together and eliminating divisiveness.
Other Alternatives: The primary reason given for opening an ATV route in the Town is the positive impact it would have on local businesses because of the hardship many experienced this winter due to a lack of a snowmobile season. This winter’s lack of snow and warm temperatures was an aberration. We are not aware of a similar winter within the past 10 to 20 years. If the goal was to help local businesses avoid suffering financially from a future bad winter, there are lots of options beyond opening up our roads to ATV traffic the entire year. Opening ATV routes could be limited to the Winter and mud season. This would be a compromise that silent sports and ATV enthusiasts could both support. It would help local businesses and protect silent sport enthusiasts from ATV road noise during the summer.
Lost Business from Silent Sports Advocates: It is not clear that the Board considered the financial impact of lost business from silent sports enthusiasts who discontinue supporting local businesses because they would no longer enjoy coming to the Plum Lake area in the summer with ATVs on Town roads. Also, the Town’s support of ATVs and the process used by the Town to implement an ATV route may cause some members of our community to discontinue using local businesses and supporting Town causes.
4. What Can We Do?
Post “Not on the Rustic Road” and “Save our Rustic Road” signs.
Attend the June 11th Board meeting and express your concerns about the Town Board’s decision, process and the impact allowing ATVs in Plum Lake generally and on the Rustic Road specifically.
Generate positive press coverage on this issue.
Write a letter to the editor of the Vilas County News Review and the Lakeland Times at the following links:
Begin a campaign to influence County Board members. Ultimately, they will need to approve the ATV route because it includes County Highways.
5. What’s Next?
Extension of ATV Route on Rustic Road – We are concerned that the proposed ATV route is only the opening salvo and that the ATV groups that are working this behind the scenes really want to create an ATV network that extends to Boulder Junction and ultimately Upper Peninsula Michigan.
Widening of Highway K to Enable ATV Use on the Rustic Road to Boulder –We are also concerned that the ATV Clubs and the Plum Lake Board have a bigger plan to ultimately widen the Rustic Road to add shoulders to enable ATV use all the way to Boulder Junction and beyond. The County Highway Department has indicated that the repaving of County K is likely being delayed until 2027. This delay increases the potential for changes in the County’s plans for the Rustic Road. As you know, the County did not formally approve the mutually developed Rustic Road Vegetation and Road Management Plan. If the County had already completed repaving the Rustic Road in its current configuration, there would be little potential for the County to expand the shoulders and widen the road.
We know this is a lot to consider. I welcome your input and suggestions.
Best,
Doug & Libby Scott
ATVs DO NOT BELONG ON THE RUSTIC ROAD
The Plum Lake Town Board is reconsidering the issue of ATV use on Town and County highways and roads within Plum Lake, including the Rustic Road. Regardless of whether you are generally supportive or opposed to allowing ATV use on such roads, ATVs should not be allowed on the Rustic Road for important legal, safety, liability and other reasons.
ATV Use is Not Legally Allowed on the Rustic Road - The Wisconsin statutes governing Rustic Roads make it clear that ATVs and UTVs are not authorized to operate on Rustic Roads. Section 83.42 of Wisconsin Statute states the purpose of Rustic Roads and details the types of vehicles and the nature of the use of vehicles contemplated to be operated on a Rustic Road. “In order to create and preserve rustic and scenic roads for vehicular, bicycle, electric scooter, electric personal assistive mobility device, and pedestrian travel in unhurried, quiet and leisurely enjoyment to protect and preserve recreational driving, culture, beauty, trees, vegetation and wildlife by establishing protective standards of rustic road design . . .” In section 340.01 “Definitions”, the term “motor vehicles” is defined to exclude ATVs and UTVs unless the statute at issue specifically authorizes ATV or UTV use. Section 83.42 of Wisconsin Statute does not specifically reference ATV or UTV use. Therefore, such use is not authorized on Rustic Roads. The Town of Plum Lake has no authority to authorize such use.
Allowing ATV Use on the Rustic Road Would Create Serious Safety Issues - The Rustic Road by its intended design and nature is a narrow, windy, road with significant hills, narrow shoulders and trees in close proximity to the road edge. It is intended for quiet, leisurely and unhurried travel by automobiles, motorcycles, bicycles and pedestrians. The hills, curvey road with limited visibility combined with trees in close proximity to the road edge make it unsafe to add ATVs to the Rustic Road. ATVs can be operated on ATV routes in Wisconsin by persons without a drivers license and by children as young as 12 years old with a parent in the vehicle. ATVs also do not possess the safety equipment and protective features required by the government for automobiles. The combination of potentially inexperienced drivers, less safety features in ATVs and a challenging road create a serious safety hazard. We should expect an increase in accidents.
ATV Owners are NOT Required to Maintain Liability Insurance - Unlike automobile owners who are required to maintain liability insurance by Wisconsin law, ATV owners are not. This means that persons who are injured or who suffer property damage caused by ATV drivers may not be protected if the ATV operator does not maintain insurance.
TOWN MEETING ON JUNE 4th - The Town Board is having another meeting on June 4th which will include addressing the ATV issue. I urge everyone to show up and express their personal views on ATV use on Plum Lake Town Roads. Regardless of whether you are pro-ATV or opposed to ATVs generally, to express the view that ATV's should not be allowed on the Rustic Road.
Update on Status of Road and Vegetation Maintenance- 6/1/2024
Almost two years ago, the the Save our Rustic Road group and County representatives developed a plan for vegetation management, road repair and improvement of the Rustic Road (the "Plan"). Although the County Highway Committee refused to formally approve or commit to comply with the Plan, Troy Schalinske expressed his commitment to the plan with the following comment: “Let me prove the doubters wrong, as I deliver on each of my commitments.”
In April 2024, the Highway Commissioner provided an update on the status of timing and status of projects impacting the Rustic Road. All are consistent with the Plan, although the timing of some of the work has slipped significantly.
Repaving of the Rustic Road: The timeline of repaving of the Rustic Road (CTH K from CTH N to CTH M) has slipped significantly because of funding constraints. The County is currently assessing project priorities for 2025 around the county. Troy Schalinske indicated that although the status of the bond financing is on track, at this time the repaving of the Rustic Road has been rescheduled tentatively to 2027. He indicated that this may need to be split over multiple years depending on funding.
Wedging: With the delayed repaving project, the Highway Department will explore the possibility of wedging sections of the Rustic Road needing repair to maintain road quality.
Culvert Replacement: The County is still evaluating the timing for culvert replacements and most likely will replace them just before repaving the Rustic Road.
Brushing: The County does not plan to brush the Boulder Junction segment of the CTH K this summer. Troy Schalinske indicated that when they do brush that segment of the road, it will be done responsibly.
We will continue to closely monitor vegetation and road maintenance and improvements on the Rustic Road and keep the community informed.
Save Our Rustic Road
STATUS UPDATE SUMMARY- 1/20/2023
Over the last year, Representatives of the Save our Rustic Road group and County representatives have had extensive discussions on Vilas County’s treatment of Rustic Road 60, County Highway K between Star Lake and Boulder Junction (the “Rustic Road”). These discussions have resulted in a mutually developed plan for vegetation management, road repair and road improvement of the Rustic Road going forward.
Despite our best efforts, the County Highway Committee refused to enter into a formal agreement with Save Our Rustic Road or to formally approve the plan. Nevertheless, the Vilas County Highway Commissioner Troy Schalinske has assured the Save Our Rustic Road group that he is committed to managing the Rustic Road in accordance with the mutually-developed Rustic Road management plan.
Although we had hoped to get formal approval of the plan by the Highway Committee or a more unambiguous commitment, we remain optimistic that our community’s collective efforts have produced a highly positive result, protecting the beauty of this truly unique road. Troy Schalinske expressed his commitment to the plan with the following comment: “Let me prove the doubters wrong, as I deliver on each of my commitments.”
Rest assured, the Save Our Rustic Road group and the community will be monitoring activity on the Rustic Road closely. We look forward to celebrating each commitment upheld by the Highway Department, but are ready to rekindle community support, our public-relations campaign and possibly legal efforts if things deviate from the mutually developed plan.