Ordinance No. 2026-1
Town of Washburn Fugitive Dust Ordinance for Unpaved Roads

Section 1: Title and Authority
This ordinance shall be known and may be cited as the “Fugitive Dust Ordinance for
Unpaved Roads.”
The Town of Washburn has the authority under its police powers to enact environmental
protection ordinances.

Section 2: Purpose
The purpose of this ordinance is to reduce fugitive dust along unpaved roads in the
Town of Washburn. This ordinance aims to preserve the local environment by
mandating that fugitive dust precautions put into place by the State of Wisconsin
Department of Natural Resources are enforceable by the Town of Washburn within the
Town’s limits.

Section 3: Applicability
This ordinance applies to all persons located within the Town of Washburn.

Section 4: Requirements
All persons are required to take proper and reasonable precautions to prevent fugitive
dust on unpaved roads in the Town of Washburn. To that end, the requirements of Wis.
Admin. Code NR 415.04(1) are hereby incorporated by reference into this Ordinance.
All references to Department within NR 415.04(1) shall mean a designee made by the
Town of Washburn. All vehicles intended to haul materials to or from a non-metallic
mine shall not exceed a speed of 15 mph when operating on unpaved roads within the
town.

Section 5: Enforcement
Any person who violates this Ordinance shall, upon judgment by a court of competent
jurisdiction, forfeit not less than $10 and not more than $500 for each incidence of noncompliance
depending on the severity of the violation.

Section 6: Effective Date
This ordinance shall take effect on the first day after this ordinance is published by the
clerk.

Section 7: Severability
If any section, subsection, sentence, clause, or phrase of this ordinance is for any
reason held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance. The Town of Washburn hereby declares that it
would have passed this ordinance and each section, subsection, sentence, clause, or
phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, or phrases be declared invalid or unconstitutional.

Signed this day: April 14, 2026

Scottie Sandstrom, Town of Washburn Chair

Vicki Thoen, Town of Washburn Clerk