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Bill would re-establish sportsmens’ right to cross the tracks
Enjoys wide support
Mike LaBarbera
MIKE LABARBERA is the in-coming Executive Director of the Wisconsin Wildlife Federation, and the Bird Hunting Representative on the Wisconsin Sporting Heritage Council.
Published: May 6, 2021, 4:10 PM

WISCONSIN - Why didn’t the angler cross the tracks?

It may sound like a joke, but Wisconsin hunters and anglers are not laughing. However, they are testifying, and a number of outdoor groups have formed a railroad crossing coalition.

They are supporting Assembly Bill 248, legislation to regain access to prime public hunting and fishing areas along the Mississippi River and across the state. Testimony was scheduled for the April 27 Assembly Transportation Committee Hearing in Madison.

Wisconsin Conservation Congress Vice-Chair Terri Roehrig urged outdoor enthusiasts to contact their legislators as she circulated a fact sheet from Wisconsin Wildlife Federation Executive Director George Meyer.

 “Historically, hunters, anglers and trappers were able to freely cross railroad tracks on public land or tracks to access public lands for hunting, fishing and trapping,” Meyer explained. “This access was codified in state statutes section 192.32 (1) (c)  which provides an exemption to trespass for any person walking directly across any railroad right-of-way or tracks.”

But that changed in 2005 with very few people noticing a few words slipped into a much larger piece of legislation with changes to railroad laws.

Subsection 29 of that law, 2005 Act 179, merely stated: “192.32 (1) (c) of the statutes is repealed.” Meyer’s WWF fact sheet explained, “In no part of the bill’s history did it discuss the impact that bill would have on the use of public lands in this state, including use for hunting, fishing and trapping.”

The Wisconsin Department of Natural Resources has documented that the impact of this law has eliminated 124 traditional crossings that were used by hunters, anglers and trappers for access for 150 miles to the Upper Mississippi River National Wildlife and Fish Refuge.

“But this is far from just a Mississippi River problem,” Meyer said. “The Department of Natural Resources has documented that 121 DNR properties--including wildlife areas, fisheries areas, state parks, state forests and state natural area--are bisected by railroads. In order not to be in violation of the railroad trespass law, an individual walking across the property and coming to the railroad track, must walk out to the nearest road and walk back along the track in order to continue to use the property. Picture a situation where a hunter has shot a deer and, in order to track or retrieve it, may have to walk a mile out of the way, and back, in order to stay legal and to pick up the track of the deer.” 

It is not only DNR properties that are affected. 

“There are uncounted federal and county forest parcels and other public lands that have railroad tracks bisecting them,” according to the fact sheet.

There are state properties such as the Swan Lake Wildlife Area in Columbia County where a railroad track crosses the property and actually landlocks a portion of the property because of the deletion of the exemption to the railroad trespass law in 2005, according to Meyer.

 “People are aware of Wisconsin’s highly popular Devils Lake State Park, which has over one million visitors from both within and outside the state,” Meyer wrote. “They may not realize that there is an active railroad track that runs immediately adjacent and parallel to the eastern side of the lake. A highly conservative estimate would be that at least 100,000 park visitors a year cross that railroad track in locations that would be in violation of WI Stat section 192.32 (1).”

Wisconsin Conservation Congress leaders have been saying this needs to be fixed and the repealed statute needs to be re-instated.

The Wisconsin Natural Resources Board agreed. On January 25, 2017, the NRB adopted a formal resolution indicating that the 2005 Act 179 “restricted access to thousands of acres of public land in Wisconsin,” and on behalf of “hunters, anglers, trappers and nature observers…” they formally encouraged “…the Wisconsin Legislature and Governor to work to find a solution to provide access to public lands across railroad tracks.” 

In recent years, the ‘Coalition of Wisconsin Sporting Organizations for Public Access’ formed and is focusing its collective clout on the railroad issue. The coalition includes Wisconsin Wildlife Federation, Safari Club International, Wisconsin Conservation Congress, La Crosse County Alliance, Wisconsin Bear Hunters Association, Buffalo County Conservation Alliance, Backcountry Hunters and Anglers, Trout Unlimited, Wisconsin Bow Hunters Association, Trout Unlimited, Ducks Unlimited, Wisconsin Waterfowl Association, Wisconsin Trappers Association, Alma Rod and Gun Club, Mondovi Conservation Alliance and a growing number of sporting organizations.

They have been reassuring legislators that the railroad lobbyists who say their companies are concerned about liability if someone is injured crossing the tracks need not worry.

Wisconsin law (Section 895. 52, entitled: ‘Recreational activities; limitation of property owners’ liability’) provides railroads immunity from liability for sportsmen and women crossing their tracks for hunting, fishing and trapping, Meyer noted.

No joke, and there’s no reason that hunters, anglers and others should be prevented from crossing the tracks, said WCC’s Terri Roehrig.

This story was written by Mark LaBarbera, the incoming Executive Director of the Wisconsin Wildlife Federation and the Bird Hunting Representative on the Wisconsin Sporting Heritage Council.
Independent-Scout, 2024 Year in Review
January through July
2024 Year in Review
Crawford County Independent & Kickapoo Scout
Published: Jan 9, 2025, 3:50 PM

JANUARY

Historic low flows turned the Mississippi River into a construction area in 2023, as the U.S. Army Corps of Engineers dredged huge quantities of sand to keep the channel open for barge traffic. Massive machines like the Dredge Goetz, a 225-foot-long vessel with a suction pipe nearly two feet wide, were moving through the river constantly to keep it clear… A Connect Communities proposal to apply for a grant to study constructing a pavilion over the current plaza area, located east of the Gays Mills Mercantile Center, was presented to the board by Martha Querin-Schultz. Querin-Schultz explained the proposal for a Mercantile-pavilion area came out of discussions last year, where dreams and projects were discussed among members of the group. She noted that Connect Communities was recognized by the Wisconsin development Corporation… Wisconsin Department of Natural Resources (WDNR) and Wisconsin Emergency Management (WEM) staff attended a meeting in Viroqua on Thursday, Jan. 11, to update local zoning and emergency management staff about the project to re-map the Kickapoo River Watershed floodplain. The reaches of the river to be re-mapped are from Ontario to Wauzeka… New owners and residents of Gays Mills, Arthur and Sarah Winsor with their children, Austin and Vayla, took ownership of Strang’s Plumbing, Heating, and Electric on the company’s 120th year. In 1904, Strang’s got its start in Richland County, and now 120 years later, Strang’s has found new ownership. Arthur and Sarah Winsor, residents of Gays Mills have taken on the century old company with plans to keep the same locally friendly service while improving on the latest in home mechanicals.

 

 

 

FEBRUARY

Multiple charges have been levied against a 37-year-old man for a physical altercation that took place on Dec. 9, 2023 at the Boondocks Sports Bar and Grill in Wauzeka. James Scherer, Wauzeka, has been charged with Disorderly Conduct and Physical Abuse of an Elderly Person-Intentionally Causing Bodily Harm, after he engaged in two fights on the bar’s property… In the Seneca Area School District, five candidates have registered to run for two open board seats. One of those running is incumbent Charles Clark. The other incumbent, Tyler Aspenson, decided to not run again. The other four candidates running are Eric Grimsled, Jennifer Aspenson, Kyle Berger and Sara Wall. Only Grimsled has run for the board previously. Because five candidates are running for two open seats, a primary election must be held on Tuesday, February 20, only the top four voter getters will appear on the spring ballot… North Crawford Playhouse is thrilled to present William Shakespeare’s timeless comedy, ‘Much Ado About Nothing.’ With plenty of humor, a good dose of romance, and a hefty portion of mischief, this delightful production will leave audiences feeling happy and uplifted… Quick reaction by the Gays Mills Fire Department may have prevented more massive damage from a fire at an apartment building located on Watermelon Way early Monday morning. At approximately 3 a.m., Gays Mills Fire Chief Earl Winsor and firefighter Adam McCarn arrived at the scene of the fire at 205 Watermelon Way, the residence of Sarah Boardman… Did you receive an ‘Emergency Call’ at 3:33 p.m. on Sunday? We did. The recorded voice of a Crawford County 911 Dispatcher told us the Black Hawk Bridge over the Mississippi River at Lansing, Iowa would be closed to traffic shortly because of safety concerns.

 

MARCH

Crawford County Health and Human Services and the Driftless Region Mental Health Coalition have partnered with ‘CredibleMind’ to provide residents with a digital health and well-being platform… The platform, available free of charge, offers confidential and anonymous access 24/7, allows users to explore, understand, and enhance their mental health… There’s good news for those that have had their lives turned upside down by the closure of the Lansing Bridge. Plans are moving ahead to begin to provide a water taxi service over the navigation channel, running from Lansing to the Will Dilg Boat Landing on the Lansing Dike… It was another good year for the Crawford County Independent & Kickapoo Scout at the annual newspaper awards banquet in Madison. The Independent-Scout won 16 awards in the Wisconsin Newspaper Association ‘Better Newspaper Contest.’ “It’s always nice to have your work recognized by your peers,” Independent-Scout editor Charley Preusser said. “However, the real judges are the people reading our paper every week.”… At their March 12 meeting, members of the Crawford County Land Conservation Committee tackled a variety of issues. Ongoing efforts to bring county septic systems into compliance with state law were discussed, as well as potential changes to county ordinances, a well water quality and geology study, and a tire clean up event… The North Crawford School Board reveled in the success of the district’s winter athletic teams at their meeting on March 20. The boys basketball team tied for first place in the Ridge & Valley Conference, the North Crawford-Seneca Wrestling co-op team sent two girls and one boy to the state tournament, and the girls basketball team enjoyed a successful year building for the future.

 

APRIL

After record-setting high temperatures experienced in the winter of 2023-24, and ongoing drought conditions, local farmers are facing a variety of challenges as the growing season approaches. Those challenges include planting decisions and forage production issues, as well as the timing and selection of inputs. The National Weather Service La Crosse recently reported that from April 1, 2023, through March 26, 2024, precipitation departures range from near-normal to 11 inches below normal north of Interstate 90, and from eight to just over 20 inches below normal across the remainder of the area to the south of I-90… A local contractor, Tug Sprosty, was awarded the contract to build the ag projects shed for the Seneca Area School District at the board meeting held Monday, March 18. Sprosty’s bid of $32,000 was significantly lower than Clary Building’s bid of $44,200, and some other local bids around $43,000. There was some concern that the bids were for constructing the same structure to requirements as laid out… Ever wonder who to turn to if you find an injured or ailing raptor? Wonder no more. Dr. Laura Johnson, Doctor of Veterinary Medicine has the answers for you. Dr. Johnson works part-time for Tender Care Animal Hospital in Prairie du Chien. This leaves her plenty of time for her other practice – raptor rescue. “I’m the only vet in the tri-state area that specializes in and sees birds as patients,” Johnson told the Independent-Scout… Iowa DOT has some great news when it comes to repairing the existing Blackhawk Bridge at Lansing. The two new piers are done, and all four bridge deck spans are back in place. “In February and March, we removed four sections of the bridge deck in order to repair the damaged piers,” Iowa DOT’s Clayton Burke told a group assembled for a ‘Bridge Update’ at the Meehan Memorial Library in Lansing on April 10… When the Prairie du Chien Area Arts Center hosted a Wisconsin Conservation Congress (WCC) Hearing on the evening of April 8, Patrick Short, a Wisconsin Department of Natural Resources (WDNR) fisheries biologist, presented reports on wildlife disease, water contaminants and budget deficits to the public.

 

MAY

The time is approaching for the La Crosse, Monroe and Vernon county boards to make a final decision about the USDA-NRCS proposal to decommission flood control dams in the West Fork Kickapoo and Coon Creek watersheds. It is anticipated that the Land Conservation Committees in each county will make a recommendation to their county boards in May, and then each of the three Boards of Supervisors will vote on the proposal at their June meetings… Last week, a coalition of environmental groups, The Iowa Environmental Coalition (IEC), filed a petition with the U.S. Environmental Protection Agency, alleging the state isn’t doing enough to protect drinking water supplies from nitrate pollution. The group states the problem is particularly severe in the northeast region of the state, with its underlying karst geology. The carbonate bedrock typical in regions with karst geology is cracked and fissured limestone or sandstone that quickly conducts contaminants from the surface into the aquifers below…  Get ready for an evening of dazzling performances and toe tapping tunes as the North Crawford Playhouse presents their latest production. Aptly titled ‘One Night Only,’ the showcase will run for just one performance on Wednesday, May 22. The show will feature a dynamic lineup of songs from a variety of beloved musicals, exhibiting the talents of the North Crawford performing arts students. From classic Broadway hits to contemporary favorites, there’s something for all ages in this exciting performance… The Seneca Area School District announced the Seneca High School Valedictorian is Kylie Stluka and the Salutatorian is Nadia Jo Klema… After a dry year in 2024, with welcome rains once again falling in our area, it seems timely for our communities to think about the possibility of flooding. During times of flooding, local citizens have identified reliable sources of information that can help them in planning for and responding to flooding events, especially those available from the National Weather Service… North Crawford High School’s Class of 2024 Valedictorian is Sarah Bransky and the 2024 North Crawford Salutatorian is Nathan Zirk… Crawford County has been selected to host the 78th Alice in Dairyland Finals in May 2025. An announcement will be made by Carol Roth and Stephanie Binversie, Alice in Dairyland Finals Co-Chairs, along with Ashley Hagenow, the reigning Alice in Dairyland, at the Crawford County Dairy Breakfast on Saturday, June 1, at 8 a.m. The Dairy Breakfast will take place at the Crawford County Fairgrounds this year, with breakfast served from 6 to 10 a.m.

 

JUNE

After a brief discussion at their meeting on Monday, May 20, the Seneca School Board approved open enrollment for 10 students coming into the district and denied the open enrollment applications of two others seeking to come into the district.  The board also approved ‘outbound’ open enrollment applications for five other students seeking to enroll in other districts… About 15 members of the Ferryville, Soldiers Grove, and Gays Mills fire departments and emergency rescue teams gathered on Saturday, June 8, for a Grain Bin Rescue Training. The training had a classroom component in the morning, and then an operations training after that. Instruction was provided by Karl Sandry, Southwest Technical College Lead Fire Instructor, and conducted at the site of grain bins owned by Swede Knutson… The Soldiers Grove Village Board heard a presentation from and voted to retain the services of Nikki Swayne of Abt Swayne Law in Westby as their new village attorney. At the board’s June 11 meeting, Swayne introduced herself and discussed the terms of the contract she proposed. The village was previously represented by Attorney Eileen Brownlee, who has retired… The Gays Mills Swimming Pool is back and in full swing this summer. An average of 40 to 60 children flock to the outdoor pool each day to escape the June heat. In addition to its recreational facilities, the pool offers swimming lessons throughout the summer.