Oshkosh committee pauses on UTV/ATV ordinance; plans public poll and further study

The Oshkosh Transportation Committee on Sept. 9 discussed whether to permit utility terrain vehicles (UTVs) and all‑terrain vehicles (ATVs) on city streets but did not adopt an ordinance. Committee members asked staff to develop a public survey and return with additional analysis and suggested draft ordinance language.

The discussion stemmed from a recent Winnebago County ordinance that allows ATVs/UTVs on county roads and from council members asking the Transportation Committee for a recommendation. Dave Schmidt, president of Fox River Wheelers and the UTV/ATV Alliance of Winnebago County, told the committee he supports allowing machines with restrictions and said the alliance proposed excluding multilane highways: “We presented a proposal that would eliminate access at Highways 41, 44, Ninth Avenue, Highway 21, Highway 45, and Highway 76. Because we don't want to see anybody have access to 4 lane highways,” he said.

Committee members and city staff reviewed Wisconsin Department of Transportation and Department of Natural Resources guidance and local examples including Winnebago County and the city of Berlin. Staff explained that state rules treat some state or connecting highways differently: routes designated on connecting highways may require WisDOT approval if posted speed limits exceed statutory thresholds (discussions referenced a 35 mph threshold in guidance). Chief of Police (Chief Smith) cautioned that enforcement and impaired‑operation (OWI) consequences differ between DNR and state traffic statutes: “Not in the sense of the state statute related to traffic enforcement of OWI. We could write you a ticket for operating a UTV under the influence under the DNR code,” he said, noting that DNR enforcement uses a different statutory regime.

Speakers supporting the change cited recreation and economic benefit. Tom Van Zealand, owner of a local powersports business, said allowing UTVs would draw riders who currently must trailer machines to rural trailheads and would support local small businesses. Dave Schmidt provided statewide economic figures during testimony, saying the sport contributes about $5 billion a year to Wisconsin’s economy and supports manufacturing and dealership jobs; he urged Oshkosh to adopt rules to permit city use with limits.

Opponents and some committee members raised safety, noise, traffic mixing, licensing and insurance concerns. The committee debated minimum operator age and licensing; staff noted state law allows riders as young as 12 when accompanied by an adult and that local ordinances can set a minimum age or require a valid driver's license. Staff also noted that Winnebago County requires a driver's license at 16 and minimum insurance limits; City staff said an Oshkosh ordinance could impose insurance and licensing requirements beyond state minimums.

Rather than forward a draft ordinance, the committee directed staff to develop a clear public survey about whether UTVs/ATVs should be allowed in the city and, if so, what restrictions should apply (examples included limiting routes, excluding highways with freeway access, requiring driver's licenses and insurance, and banning cruising in residential neighborhoods). Committee members asked staff to work with council members and volunteers knowledgeable about the issue to draft the poll questions so respondents understand the regulatory options. No ordinance motion was passed at the meeting.