How Wisconsin Municipalities Are Regulating E-Scooter

By Timothy H. Lindau, Attorney | Municipal Law | Nowlan Law Janesville | Beloit | Madison | Sun Prairie

Electric scooters have become an increasingly common presence on shared-use trails, public parks, and city streets across Wisconsin. For local governments, this trend raises important questions about regulatory authority, public safety, and municipal liability. While Wisconsin has established a statewide framework governing e-scooter classification, the practical work of regulating where these vehicles can be used and managing the legal consequences when rules are not followed falls largely to municipalities. Understanding the scope of that authority is essential for local officials, public administrators, and risk managers.

Wisconsin’s Statewide E-Scooter Framework

In 2019, Governor Tony Evers signed Assembly Bill 132, known as Wisconsin Act 34, establishing a three-class system for electric bicycles and providing a statewide regulatory foundation for powered personal mobility devices. Under this framework, e-scooters are categorized by motor capability and speed:

• Class 1  Pedal-assist only; motor cuts off at 20 mph
• Class 2  Throttle-assisted; motor cuts off at 20 mph
• Class 3  Pedal-assist only; motor cuts off at 28 mph; riders must be at least 16 years old, and a speedometer is required

Under state law, e-scooters are generally treated similarly to bicycles for most regulatory purposes. No license, registration, or insurance is required. New e-scooters sold in Wisconsin must display a permanent label identifying the class, top assisted speed, and motor wattage.

Importantly, state law does not resolve every regulatory question. Wisconsin Act 34 establishes a baseline but expressly leaves substantial discretion to local governments to restrict or further regulate e-scooter use within their jurisdictions.

Municipal Authority to Regulate E-Scooters

Wisconsin law gives municipalities meaningful authority to regulate the use of motor-powered e-scooters within their borders. Local governments may restrict e-scooter use on specific trails, sidewalks, park paths, and other public spaces even when those vehicles are lawful under state law. That authority extends to:

• Designating which trail systems and shared-use paths permit e-scooter access by class
• Establishing local trail and path speed limits below the state cap
• Restricting or prohibiting sidewalk riding in downtown corridors and commercial districts
• Setting age and helmet requirements that exceed state minimums
• Defining enforcement procedures and designating responsible agencies

This regulatory flexibility allows municipalities to tailor rules to their specific infrastructure, trail networks, and community needs. However, it also means that inconsistencies across jurisdictions are common, which can confuse the public and expose local governments to liability when they fail to communicate their policies clearly.

Local Regulation Considerations

The regulatory environment for e-scooters in Wisconsin is not uniform. Trail systems, county parks, city paths, and Wisconsin DNR-managed routes may all operate under different rules, and those rules can change independently of one another. 

Key considerations for municipalities include:

State Trails and DNR-Managed Routes

The Wisconsin DNR permits Class 1 and Class 3 pedal-assist e-scooters on many State Park System bicycle-touring trails with a 15-mph speed limit. Class 2 throttle-assisted e-scooters are not permitted on those routes. Individual park roads and trails may impose additional restrictions on all e-scooter classes. Municipalities that manage trails adjacent to or connected with state-managed routes should account for these distinctions in their local ordinances and posted signage.

Sidewalks and Urban Corridors

There is no single statewide sidewalk rule for e-scooters in Wisconsin. Sidewalk access is controlled at the municipal level and varies significantly across communities. Municipalities should have clear ordinances in place governing sidewalk use, particularly in commercial and pedestrian-heavy areas.

County Parks and Natural Areas

County park systems may adopt their own e-scooter policies independent of city or state rules. In jurisdictions where city and county trail networks intersect, riders and enforcement personnel may encounter different rules within short distances. Municipalities operating public trail systems adjacent to county-managed green spaces should coordinate with county parks to minimize regulatory gaps and avoid enforcement inconsistencies.

Enforcement Responsibilities

Trail rules, class restrictions, and speed limits are inconsistently enforced across jurisdictions. Municipalities should clarify how enforcement responsibility is assigned, whether to municipal police, park rangers, or county sheriff departments, and ensure that posted signage reflects current rules accurately and consistently.

Municipal Liability Considerations

When an e-scooter incident occurs on a publicly managed trail, park, or path, the regulatory context is significant in determining liability. Questions that arise in these situations include:

• Which class of e-scooter was being operated, and was it authorized for that location?
• Were local rules clearly posted and current at the time of the incident?
• Who owns and maintains the trail or path where the incident occurred?
• Did the municipality have actual or constructive notice of a hazardous condition?
• Was the rider in compliance with applicable local ordinances at the time of the incident?

These factors can affect whether a municipality faces liability, whether governmental immunity applies under Wisconsin law, and how fault is allocated among riders, property owners, and public agencies. Municipalities that have not adopted clear ordinances, maintained current signage, or coordinated with adjacent jurisdictions may face greater legal exposure when incidents occur.

Best Practices for Municipalities

Local governments can take proactive steps to manage e-scooter use effectively and reduce legal exposure.

Adopt Clear Local Ordinances

Enact ordinances that specify which e-scooter classes are permitted on which trails, paths, and public spaces. Address sidewalk access, speed limits, helmet requirements, and age restrictions explicitly rather than relying on riders to infer local rules from state law.

Post and Maintain Current Signage

Ensure that all trailheads and access points display accurate, up-to-date rules. Outdated or absent signage is a common source of public confusion and a contributing factor in municipal liability disputes.

Coordinate with Adjacent Jurisdictions

Work with county parks, neighboring municipalities, and state agencies to align rules where possible and identify gaps where trail networks cross jurisdictional lines. Proactive coordination reduces the patchwork inconsistencies that put both riders and local governments in difficult positions.

Review Policies Regularly

E-scooter technology and ridership patterns are evolving quickly. Municipal policies should be reviewed at least annually and updated to reflect changes in state law, equipment classifications, and community use patterns.

Consult Municipal Legal Counsel

Before adopting or amending e-scooter ordinances, municipalities should work with attorneys experienced in Wisconsin municipal law to ensure that local regulations are legally sound, enforceable, and consistent with applicable state statutes.

Communities We Serve

Nowlan Law provides municipal law services to local governments and public agencies throughout Wisconsin, including Madison, Janesville, Beloit, Sun Prairie, and surrounding communities. Whether you prefer to meet at one of our office locations, connect virtually, or have one of our attorneys come to you, we are available to work with your municipality in the way that is most convenient for you.

How Nowlan Law Can Help

E-scooter regulation is a rapidly evolving area of law that intersects Wisconsin statutes, municipal ordinance authority, and tort liability. Nowlan Law’s municipal law attorneys work with cities, villages, towns, and counties throughout Wisconsin to review and draft local ordinances, assess liability exposure, and provide practical legal guidance for governments managing public trails, parks, and shared-use infrastructure.

If your municipality is developing or updating e-scooter policies, or if you have questions about how your current ordinances align with Wisconsin law, contact Nowlan Law to speak with an attorney who understands the legal landscape facing Wisconsin municipalities.

This blog post is for informational purposes only and does not constitute legal advice. Laws and local ordinances are subject to change. Contact an attorney for guidance specific to your municipality’s situation.