01-2820 Department of Natural Resources v. Bowden

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“The DNR did not charge Bowden with trespassing, it charged him with operating a motor vehicle in an unauthorized area. Therefore, Wis. Stat. § 59.73(2) simply does not apply. The statute grants surveyors only a right of access. It does not give a surveyor the right to bring a vehicle of his or her choice onto park trails. Following Bowden’s argument to its logical conclusion would prevent DNR from restricting surveyors in any way. But Bowden himself acknowledges that it is appropriate for DNR ‘to impose time, place and manner restrictions’ on surveyors. This is what DNR has done. It has concluded that driving vehicles on certain trails creates a risk of damaging the land, and has therefore prohibited such conduct.

“Although Bowden protests that he did not damage the land, whether that is so is ultimately irrelevant.

Preventing property damage may be the general purpose of Wis. Admin. Code § NR 45.05(1)(c), but it is not an element of the regulation. Bowden violated the regulation the moment he drove his truck in an unauthorized area. Had he damaged the land as well, he could have been subject to additional penalties.”

Judgment convicting defendant of driving his truck in an unauthorized area is affirmed.

Recommended for publication in the official reports.

Dist IV, Iowa County, Dyke, J., Dykman, J.

Attorneys:

For Appellant: Timothy L. Angel, Dodgeville

For Respondent: Larry E. Nelson, Dodgeville; Erik C. Peterson, Dodgeville