Wisconsin

Recreational Use/Recreational Trespass Laws

W.S.A. 895.52

§ 895.52. Recreational activities; limitation of property owners' liability

(1) Definitions. In this section:

(a) "Governmental body" means any of the following:
1. The federal government.
2. This state.
3. A county or municipal governing body, agency, board, commission, committee, council, department, district or any other public body corporate and politic created by constitution, statute, ordinance, rule or order.
4. A governmental or quasi-governmental corporation.
5. A formally constituted subunit or an agency of subd. 1., 2., 3. or 4.

(b) "Injury" means an injury to a person or to property.

(c) "Nonprofit organization" means an organization or association not organized or conducted for pecuniary profit.

(d) "Owner" means either of the following:
1. A person, including a governmental body or nonprofit organization, that owns, leases or occupies property.
2. A governmental body or nonprofit organization that has a recreational agreement with another owner.

(e) "Private property owner" means any owner other than a governmental body or nonprofit organization.

(f) "Property" means real property and buildings, structures and improvements thereon, and the waters of the state, as defined under s. 281.01(18).

(g) "Recreational activity" means any outdoor activity undertaken for the purpose of exercise, relaxation or pleasure, including practice or instruction in any such activity. "Recreational activity" includes hunting, fishing, trapping, camping, picnicking, exploring caves, nature study, bicycling, horseback riding, bird-watching, motorcycling, operating an all-terrain vehicle, ballooning, hang gliding, hiking, tobogganing, sledding, sleigh riding, snowmobiling, skiing, skating, water sports, sight-seeing, rock-climbing, cutting or removing wood, climbing observation towers, animal training, harvesting the products of nature, sport shooting and any other outdoor sport, game or educational activity. "Recreational activity" does not include any organized team sport activity sponsored by the owner of the property on which the activity takes place.

(h) "Recreational agreement" means a written authorization granted by an owner to a governmental body or nonprofit organization permitting public access to all or a specified part of the owner's property for any recreational activity.

(i) "Residential property" means a building or structure designed for and used as a private dwelling accommodation or private living quarters, and the land surrounding the building or structure within a 300-foot radius.

(2) No duty; immunity from liability.

(a) Except as provided in subs. (3) to (6), no owner and no officer, employee or agent of an owner owes to any person who enters the owner's property to engage in a recreational activity:
1. A duty to keep the property safe for recreational activities.
2. A duty to inspect the property, except as provided under s. 23.115(2).
3. A duty to give warning of an unsafe condition, use or activity on the property.

(b) Except as provided in subs. (3) to (6), no owner and no officer, employee or agent of an owner is liable for the death of, any injury to, or any death or injury caused by, a person engaging in a recreational activity on the owner's property or for any death or injury resulting from an attack by a wild animal.

(3) Liability; state property.

Subsection (2) does not limit the liability of an officer, employee or agent of this state or of any of its agencies for either of the following:

(a) A death or injury that occurs on property of which this state or any of its agencies is the owner at any event for which the owner charges an admission fee for spectators.

(b) A death or injury caused by a malicious act or by a malicious failure to warn against an unsafe condition of which an officer, employee or agent knew, which occurs on property designated by the department of natural resources under s. 23.115 or designated by another state agency for a recreational activity.

(4) Liability; property of governmental bodies other than this state.

Subsection (2) does not limit the liability of a governmental body other than this state or any of its agencies or of an officer, employee or agent of such a governmental body for either of the following:

(a) A death or injury that occurs on property of which a governmental body is the owner at any event for which the owner charges an admission fee for spectators.

(b) A death or injury caused by a malicious act or by a malicious failure to warn against an unsafe condition of which an officer, employee or agent of a governmental body knew, which occurs on property designated by the governmental body for recreational activities.

(5) Liability; property of nonprofit organizations.

Subsection (2) does not limit the liability of a nonprofit organization or any of its officers, employees or agents for a death or injury caused by a malicious act or a malicious failure to warn against an unsafe condition of which an officer, employee or agent of the nonprofit organization knew, which occurs on property of which the nonprofit organization is the owner.

(6) Liability; private property.

Subsection (2) does not limit the liability of a private property owner or of an employee or agent of a private property owner whose property is used for a recreational activity if any of the following conditions exist:

(a) The private property owner collects money, goods or services in payment for the use of the owner's property for the recreational activity during which the death or injury occurs, and the aggregate value of all payments received by the owner for the use of the owner's property for recreational activities during the year in which the death or injury occurs exceeds $2,000. The following do not constitute payment to a private property owner for the use of his or her property for a recreational activity:
1. A gift of wild animals or any other product resulting from the recreational activity.
2. An indirect nonpecuniary benefit to the private property owner or to the property that results from the recreational activity.
3. A donation of money, goods or services made for the management and conservation of the resources on the property.
4. A payment of not more than $5 per person per day for permission to gather any product of nature on an owner's property.
5. A payment received from a governmental body.
6. A payment received from a nonprofit organization for a recreational agreement.

(b) The death or injury is caused by the malicious failure of the private property owner or an employee or agent of the private property owner to warn against an unsafe condition on the property, of which the private property owner knew.

(c) The death or injury is caused by a malicious act of the private property owner or of an employee or agent of a private property owner.

(d) The death or injury occurs on property owned by a private property owner to a social guest who has been expressly and individually invited by the private property owner for the specific occasion during which the death or injury occurs, if the death or injury occurs on any of the following:
1. Platted land.
2. Residential property.
3. Property within 300 feet of a building or structure on land that is classified as commercial or manufacturing under s. 70.32(2)(a)2. or 3.

(e) The death or injury is sustained by an employee of a private property owner acting within the scope of his or her duties.

(7) No duty or liability created.

Except as expressly provided in this section, nothing in this section or s. 101.11 nor the common law attractive nuisance doctrine creates any duty of care or ground of liability toward any person who uses another's property for a recreational activity.

Financial Incentives for Public Access

Property Tax Incentives:
Current Use Programs: 

Statute: Wis. Stat. § 70.32 and iii.

Method of Assessment: Special assessment based on land classification, including agricultural land, productive forestland and undeveloped land. Agricultural land assessed using an income approach.

Plan: N/A

Penalties: Yes, measured by the number of acres converted multiplied by the difference between the fair market value of agriculture land sold and the equalized use (value of agricultural land in that county the year pervious to the conversion). The penalty assessed for conversion to non-farm use if 10% of the difference between the two values if the conversion is of less than 10 acres, 7.5% of the difference if the conversion is of 10 to 30 acres, and 5% of the difference if the conversion is more than 30 acres.

Current Use Taxation for open-space land: 

Wisconsin has no current use taxation to promote open space or recreation.

Tax incentive specifically for providing access: 

Wisconsin has no tax incentive to provide hunter access.

Tax Incentive when land is subject to Conservation Easement: 

Statute: W.S.A. 70.32.

Valuation: The assessor shall consider the effect on the value of the property of any zoning ordinance or any conservation easement or any conservation restriction under an agreement with the federal government.

View all states with tax incentives when land is subject to conservation easementHide all states with tax incentives when land is subject to conservation easement
Income Tax: 

Wisconsin has no tax credits or incentives for the donation of land or conservation easements.

View all states with no tax incentives for donation of land or conservation easement Hide all states with no tax incentives for donation of land or conservation easement
Hunter Access Program: 

No programs classified as “state administrated walk-in hunter access programs” were identified in this state via general internet search. However, for more accurate information regarding this state’s hunter access programs or efforts, please view the Hunting Heritage Action Plan Hunter Access Program Assessment Survey Report.

Case Law

Copeland v. Larson 174 N.W.2d 745, Moua by Schilling v. NSP 458 N.W.2d 836

-Recreational use statute immunized electric utility from liability for injuries and drowning deaths which occurred when excess water discharged from dam flowed over river bank area where utility permitted public fishing, even though alleged negligence of utility occurred on part of its property devoted to business use, that hazard causing the injuries and deaths was brought about by nonrecreational activities within utility's control, and not by hazards which were natural or related to recreation use.
-With regard to exception to immunity conferred by recreational use statute if owner collects money, goods or services in payment for use of property for recreational purposes and if aggregate annual amount exceeds $500, such pecuniary benefit must come from use of the property for recreational activities, not from owner's business activities unrelated to recreation.
-Exception to immunity afforded by recreational use statute if injury is caused by malicious failure of landowner to warn against an unsafe condition on the property of which the owner knew or if the injury is caused by malicious act does not apply to wanton, wilful and reckless conduct, which the law formerly characterized as “gross negligence”; acts are “malicious” within meaning of the statute when they are the result of hatred, ill will, a desire for revenge or inflicted under the circumstances where insult or injury is intended.

Urban v. Grasser 243 Wis.2d 673 (2001)

-Factors considered by court in determining whether recreational immunity statute applies to protect property owner include the intrinsic nature of the activity, the purpose of the activity, the consequences of the activity, the intent of the user, the nature of the property, and the intent, or lack thereof, of the property owner; none of factors, viewed in isolation, are determinative, and in any give case, one or more of factors may have greater weight, but all should be looked at in their totality.