Chapter 350

350.155   Coroners and medical examiners to report; require blood specimen.

350.17   Enforcement.

350.18   Local ordinances.

350.19   Liability of landowners.

350.99   Parties to a violation.

350.01 350.01 Definitions. In this chapter:

350.01(1g) (1g) “Alcohol beverages” has the meaning designated in s. 125.02.

350.01(1h) (1h) “Alcohol concentration” has the meaning given in s. 340.01 (1v).

350.01(1i) (1i) “Approved public treatment facility” has the meaning specified under s. 51.45 (2) (c).

350.01(1r) (1r) “Board” means the natural resources board.

350.01(2) (2) “Controlled substance” has the meaning designated in s. 961.01 (4).

350.01(2d) (2d) “Controlled substance analog” has the meaning given in s. 961.01 (4m).

350.01(3) (3) “Department” means the department of natural resources.

350.01(3m) (3m) “Drug” has the meaning specified in s. 450.01 (10).

350.01(4) (4) “Hazardous inhalant” means a substance that is ingested, inhaled, or otherwise introduced into the human body in a manner that does not comply with any cautionary labeling that is required for the substance under s. 100.37 or under federal law, or in a manner that is not intended by the manufacturer of the substance, and that is intended to induce intoxication or elation, to stupefy the central nervous system, or to change the human audio, visual, or mental processes.

350.01(6) (6) “Headlamp” has the meaning designated in s. 340.01 (21).

350.01(6m) (6m) “Headlamp barrier” means a fence, natural growth, difference in elevation or other means of restricting the view that users of an adjacent roadway have of headlamps on a snowmobile trail.

350.01(7) (7) “Highway” has the meaning designated in s. 340.01 (22).

350.01(8) (8) “Hours of darkness” has the meaning designated in s. 340.01 (23).

350.01(8m) (8m) “Immediate family” means persons who are related as spouses, as siblings or as parent and child.

350.01(9) (9) “Intoxicant” means any alcohol beverage, hazardous inhalant, controlled substance, controlled substance analog or other drug, or any combination thereof.

350.01(9c) (9c) “Intoxicated snowmobiling law” means s. 350.101 (1) or a local ordinance in conformity therewith, s. 350.101 (2) or, if the operation of a snowmobile is involved, s. 940.09 or 940.25.

350.01(9e) (9e) “Land under the management and control of the person’s immediate family” means land owned or leased by the person or a member of the person’s immediate family and over which the owner or lessee has management and control. This term excludes land owned or leased by an organization of which the person or a member of the person’s immediate family is a member.

350.01(9g) (9g) “Law enforcement officer” has the meaning specified under s. 165.85 (2) (c) and includes a person appointed as a conservation warden by the department under s. 23.10 (1).

350.01(9m) (9m) “Lodging establishment” means any of the following:

350.01(9m)(a) (a) A bed and breakfast establishment, as defined in s. 97.01 (1g).

350.01(9m)(b) (b) A hotel, as defined in s. 97.01 (7).

350.01(9m)(c) (c) A tourist rooming house, as defined in s. 97.01 (15k).

350.01(9m)(d) (d) A campground.

350.01(9r) (9r) “Operate” means the exercise of physical control over the speed or direction of a snowmobile or the physical manipulation or activation of any of the controls of a snowmobile necessary to put it in motion. “Operate” includes the operation of a snowmobile.

350.01(9w) (9w) “Operator” means a person who operates a snowmobile, who is responsible for the operation of a snowmobile or who is supervising the operation of a snowmobile.

350.01(10) (10) “Owner” means a person who has lawful possession of a snowmobile by virtue of legal title or equitable interest therein which entitles the person to possession.

350.01(10b) (10b) “Proof,” when used in reference to evidence of a registration document, safety certificate, trail use sticker, or temporary trail use receipt, means the original registration document, safety certificate, trail use sticker, or temporary trail use receipt issued by the department or an agent appointed under s. 350.12 (3h) (a) 3. or (3j) (e) 1. or any alternative form of proof designated by rule under s. 23.47 (1).

350.01(10d) (10d) “Purpose of access from lodging” means for the purpose of traveling for the shortest distance that is necessary for a person operating the snowmobile to go between a lodging establishment and the snowmobile route or snowmobile trail that is closest to the lodging establishment.

350.01(10g) (10g) “Purpose of authorized analysis” means for the purpose of determining or obtaining evidence of the presence, quantity or concentration of any intoxicant in a person’s blood, breath or urine.

350.01(10m) (10m) “Purpose of residential access” means for the purpose of traveling for the shortest distance that is necessary for a person operating the snowmobile to go between a residence and the snowmobile route or snowmobile trail that is closest to that residence.

350.01(10r) (10r) “Refusal law” means s. 350.104 (5) or a local ordinance in conformity therewith.

350.01(10t) (10t) “Registration document” means a snowmobile registration certificate, a temporary operating receipt, or a registration decal.

350.01(10v) (10v) “Restricted controlled substance” means any of the following:

350.01(10v)(a) (a) A controlled substance included in schedule I under ch. 961 other than a tetrahydrocannabinol.

350.01(10v)(b) (b) A controlled substance analog, as defined in s. 961.01 (4m), of a controlled substance described in par. (a).

350.01(10v)(c) (c) Cocaine or any of its metabolites.

350.01(10v)(d) (d) Methamphetamine.

350.01(10v)(e) (e) Delta-9-tetrahydrocannabinol, excluding its precursors or metabolites, at a concentration of one or more nanograms per milliliter of a person’s blood.

350.01(11) (11) “Roadway” has the meaning designated in s. 340.01 (54).

350.01(11m) (11m) “Sanctioned race or derby” means a competitive snowmobile event sponsored by a county, town, city or village, by a promoter, by a chamber of commerce or by a snowmobile club or other similar organization.

350.01(12) (12) “Snowmobile” has the meaning designated in s. 340.01 (58a).

350.01(13) (13) “Snowmobile dealer” means any person engaged in the sale of snowmobiles for a profit at wholesale or retail.

350.01(13m) (13m) “Snowmobile distributor” means a person who sells or distributes snowmobiles to snowmobile dealers or who maintains distributor representatives.

350.01(14) (14) “Snowmobile manufacturer” means any person engaged in the manufacture of snowmobiles for sale to the public.

350.01(15) (15) “Snowmobile renter” means any person engaged in the rental or leasing of snowmobiles to the public.

350.01(16) (16) “Snowmobile route” means a highway or sidewalk designated for use by snowmobile operators by the governmental agency having jurisdiction as authorized under this chapter.

350.01(17) (17) “Snowmobile trail” means a marked corridor on public property, in a highway right-of-way, or on private lands subject to public easement or lease, designated for use by snowmobile operators by the governmental agency having jurisdiction, but excluding highways except those highways on which the roadway is not normally maintained for other vehicular traffic by the removal of snow.

350.01(18) (18) “State trunk highway” has the meaning designated in s. 340.01 (60).

350.01(19) (19) “Street” has the meaning designated in s. 340.01 (64).

350.01(20) (20) “Tail lamp” has the meaning designated in s. 340.01 (66).

350.01(20m) (20m) “Temporary operating receipt” means a receipt issued by the department or an agent under s. 350.12 (3h) (ag) 1. a. that shows that an application and the required fee for a registration certificate has been submitted to the department.

350.01(21) (21) “Test facility” means a test facility or agency prepared to administer tests under s. 343.305 (2).

350.01 History History: 1971 c. 219, 277; 1973 c. 298; 1981 c. 79 s. 18; 1981 c. 295; 1983 a. 27 s. 2202 (38); 1983 a. 189, 459; 1985 a. 146 s. 8; 1985 a. 331, 332; 1987 a. 399; 1989 a. 51, 359; 1991 a. 39; 1995 a. 61, 436, 448; 1997 a. 34, 35, 248, 267; 1999 a. 9; 2001 a. 16, 56; 2003 a. 97; 2013 a. 83; 2015 a. 55, 89; 2019 a. 68; 2021 a. 103.

350.01 Cross-reference Cross-reference: See also s. NR 6.03, Wis. adm. code.

350.01 Annotation Operation under sub. (9r) does not include the act of sitting on a parked snowmobile with its engine off. Burg v. Cincinnati Casualty Insurance Co. 2002 WI 76, 254 Wis. 2d 36, 645 N.W.2d 880, 00-3258.

350.02 350.02 Operation of snowmobiles on or in the vicinity of highways.

350.02(1) (1) No person may operate a snowmobile upon any part of any freeway which is a part of the federal system of interstate and defense highways. No person may operate a snowmobile upon any part of any other freeway unless the department of transportation authorizes snowmobile use on that freeway.

350.02(2) (2) 

350.02(2)(a) (a) No person may operate a snowmobile on any highway except in the following manner or as otherwise authorized by law:

350.02(2)(a)1. 1. Directly across any roadway having fewer than 5 lanes, but only after stopping and yielding the right-of-way to all vehicles approaching on the roadway. Crossings under this subdivision may be made only at a place where no obstruction prevents a quick and safe crossing. For purposes of this subdivision, “obstruction” includes but is not limited to impairment of view and dangerous roadway condition.

350.02(2)(a)1m. 1m. Directly across a roadway having 5 lanes, in the manner specified in subd. 1., but only if the department of transportation authorizes such a crossing.

350.02(2)(a)2. 2. On any roadway which is not normally maintained for other vehicular traffic by the removal of snow.

350.02(2)(a)3. 3. On the roadway of highways to cross a bridge, culvert or railroad right-of-way unless posted by the maintaining authority, but shall yield the right-of-way to all vehicular traffic.

350.02(2)(a)4. 4. On the roadway of county or town highways and city or village streets for special snowmobile events authorized under s. 350.04.

350.02(2)(a)5. 5. On highways which have been designated as routes and which are required to be marked.

350.02(2)(a)6. 6. On a portion of the roadway or shoulder of a highway for a purpose of residential access or for the purpose of access from lodging if the town, city or village, within which that portion of the highway lies, enacts an ordinance under s. 350.18 (3) for that portion of the highway.

350.02(2)(b) (b) Snowmobiles may be operated adjacent to a roadway with due regard to safety in the following manner:

350.02(2)(b)1. 1. Along U.S. numbered highways, state and county highways at a distance of 10 or more feet from the roadway. Travel upon the median of a divided highway is prohibited except to cross.

350.02(2)(b)2. 2. Along town highways outside of the roadway.

350.02(2)(b)3. 3. During daylight hours travel may be in either direction regardless of the flow of vehicular traffic.

350.02(2)(b)4. 4. At night travel shall conform to the direction of vehicular traffic in the nearest lane unless the snowmobile is operated on a designated and marked snowmobile trail.

350.02(2)(b)5. 5. Whenever it is impracticable to gain immediate access to an area adjacent to a highway, other than a freeway, where a snowmobile is to be operated, the snowmobile may be operated adjacent and parallel to the roadway for the purpose of gaining access to and from the area of operation. Loading or unloading of the snowmobile shall be accomplished with due regard to safety at the nearest practical point to the area of operation.

350.02(2m) (2m) No person may operate a snowmobile on or adjacent to a roadway in excess of the applicable roadway speed limit established under s. 346.57 or 349.11 unless the person is operating the snowmobile as part of a special event authorized under s. 350.04.

350.02(3) (3) Snowmobiles may be operated for emergency purposes on any highway during a period of emergency when so declared by the governmental agency having jurisdiction.

350.02(3m) (3m) A law enforcement officer or a commission warden, as defined in s. 939.22 (5), may operate a snowmobile on a highway in performance of his or her official duties if the snowmobile is equipped with a light that is red or blue or a combination thereof and that is flashing, oscillating, or rotating.

350.02(4) (4) Under no circumstances, except as provided in this section, is a snowmobile to be operated on the main-traveled portion of a highway or on the plowed portion.

350.02 History History: 1971 c. 277; 1981 c. 295; 1983 a. 47; 1987 a. 232; 1989 a. 51; 1995 a. 61; 1999 a. 9; 2003 a. 166; 2007 a. 27; 2021 a. 103.

350.03 350.03 Right-of-way.

350.03(1) (1) The operator of a snowmobile shall slow the vehicle to a speed not to exceed 10 miles per hour and yield the right-of-way when traveling within 100 feet of a person who is not in or on a snowmobile except as provided in ch. 346 where applicable.

350.03(2) (2) Subsection (1) does not apply to any of the following:

350.03(2)(a) (a) The operator of a snowmobile on a privately owned raceway facility.

350.03(2)(b) (b) The operator of a snowmobile in a sanctioned race or derby on public land, a highway or a snowmobile trail if the sponsor of the sanctioned race or derby marks the race or derby route or track to warn spectators from entering the route or track. In this paragraph, “public land” does not include the frozen surface of public waters.