Newbold Enacts Wave Boat Ordinance

By Eric Rempala March 21, 2024-  It took multiple meetings by both the County Board and the Conservation and UW Extension Committee to finally produce a resolution that the majority of the County Board could get behind, 13 ayes and 6 no. The end result was a Resolution on Enhanced Wake Regulations. https://www.oneidacountywi.gov/wp-content/uploads/meetings/Res-12-2024-Amended-Enhanced-Wake-Regulations.pdf

  In the resolution the county asks for restricting enhanced wake creation closer than 500ft from shore and in depths less than 20ft. These limits are compromise between the most extreme protections and the woefully minimum numbers offered by Senator Felzkowski and Representative Swearengen's proposal of 200ft from shore and no depth restrictions.

  The resolution also calls for the state to allow local governments to set their own limits above state minimums. This has become a necessary ask since most of the state legislation lately prohibits local entities to be more protective of their resources than state limits. Local control?

  The last ask of the resolution calls for the Wisconsin Legislature to address the transfer of aquatic invasive species from ballast tanks and bladders for the protection of water quality that drives our northern economy. The reason for this ask is that most if not all ballast's of Wave Boats are very difficult to drain. One wonders if controlling invasive species was even considered in manufacture of such boats.

  This resolution is a win for the hundreds of county residents who showed up at listening sessions by the afore mentioned Felzkowski and Swearengen, voicing their concerns and asking for meaningful lake protections. 

  The resolution was also a win for our County Board who in the last several months have passed environmentally protective resolutions on PFAS and now Wave Boats. Resolutions to protect health and safety of both residents and lakes.

   A county renowned for its lakes, work is done.  An advisory resolution supported by the public and passed by their local representatives. All that needs to be done now is our legislature to follow suit representing constituents and produce legislation that echo's the efforts. Early 2025 is when we should expect the legislation to be enacted. Accept nothing less.

For the record -

 Those supervisors voting in favor of the Enhanced Wake Resolution were Timmons, Cushing, Fried, Newman, Condado, Jensen, Winkler, Fisher, Sorgel, Almekinder, Schreier, Schultz, Hanus.

 Supervisors voting against the resolution were Harris, Briggs, Ryden, Roach, Oettinger, Holewinski. 

Absent Supervisors Rio and Showalter.

Feel free to let your supervisor know if you were happy about their vote. Find your supervisor's contact info at  County Board – Oneida County, WI (oneidacountywi.gov) 

By Tom Wiensch January 22, 2024- On January 16th, 2024, the Oneida County Board considered a resolution concerning wake boat regulation that was offered by the County’s Conservation and U.W. Extension Education Committee.

  The members of the Conservation and UW Extension Education Committee are:  Robb Jensen, Tommy Ryden, Collette Sorgel, Jim Winkler, and Linnaea Newman.   That committee met on December 11th, and all five members of the committee signed the proposed resolution, advancing it to the County Board. 

  The proposed resolution included the following language:

“NOW, THEREFORE, BE IT RESOLVED, that the Oneida County Board of Supervisors does recommend that the Wisconsin Legislature engage in meaningful discussions to pass standards that balance the right of everyone to recreate on waters of the State of Wisconsin, and

 BE IT FURTHER RESOLVED that Wisconsin’s local governments deserve local control to set their own standards beyond state minimums, of at least 500 feet from the shore, and to prohibit enhanced wake creation in waters shallower than 30 feet in depth, and

 BE IT FURTHER RESOLVED that the Wisconsin Legislature address the transfer of aquatic invasive species through ballast tanks and/or bladders for the protection of water quality that drives the economy of Oneida County.”

  The recommendations of keeping large wakes 500 feet from shore and in water at least 30 feet deep seems to be in line with recommendations of three different bodies.  The Minnesota College of Science and Engineering’s Saint Anthony Falls Laboratory has found that boats making large wakes would need to stay at least 500 feet from shore to avoid causing more shoreline erosion than other boats.  The Maine Audubon Society has also recommended a 500-foot limit, noting that wakes can have detrimental effects on loon nesting.  The Michigan Department of Natural Resources has cited a model that shows that wake boats can likely stir up silt, sand, and debris in water up to 33 feet deep.  Suspension of these materials is harmful to aquatic life and water quality.

  At the January 16th board meeting the resolution was originally part of the “consent agenda.”  A consent agenda is a part of a meeting agenda that allows boards to group together and vote on relatively routine items.  The resolution was pulled from the consent agenda and dealt with as part of the regular agenda at the request of supervisor Tommy Ryden.  

  Supervisor Ryden, noting that the distance and depth requirements would prevent wake boat use on certain lakes, made a motion, seconded by Supervisor Mike Roach to change the minimum distance from shore to 300 feet and the minimum depth to 15 feet. Supervisor Ryden indicated that he had read legislation in other states with varying requirements.  

  Supervisor Jim Winkler spoke against the amendment, mentioning studies of the effects of wake boats and noting that wake boat use in shallow water churns up lake bottoms, disturbs fish beds, and causes algae blooms. No studies were cited in support of 15 feet depth or 300 feet distance rules.  

  Some board members expressed an interest in knowing how many lakes would be affected by potential rules.  Supervisor Tony Rio stated “If it’s going to cause an environmental issue, I don’t really care how many lakes it excludes it from. . . If it’s harming the environment, it’s harming the environment.  If it’s harming our lakes and puts them at risk I don’t care if the number is fifty.”

  Those voting in favor of Supervisor Ryden’s motion to amend were: Fried, Briggs, Schowalter, Schultz, Almekinder, Harris, Timmons, Cushing, Roach, Jensen, Ryden, Newman, Holewinski.  Those voting to oppose the motion were: Schreier, Rio, Sorgel, and Winkler.  Absent were:  Kelly, Fisher, Condado, and Oettinger.

  After the motion amending the resolution was passed, the Board voted unanimously to send the resolution back to the Committee, with the Committee to bring it back to the County board at the February or March County Board meeting.

YouTube link to County Board Meeting with Ryden amendments starting at 44:30-mark. https://www.youtube.com/@oneidacountyboardwi/streams

By Tom Wiensch November 22, 2023-There’s a machine out there that can rock your world – or at least your fishing boat – and transform your favorite lake, and not for the better.   These machines – wake boats - can increase algae and phosphorus, decrease oxygen, change aquatic plant growth, cloud water, erode shorelines, transport invasive species, hurt loon reproduction, and reduce fish numbers.  

 Wake boats, which can cost as much as $300,000, have special hull designs and other features, usually including large ballast tanks or bags, that create unnaturally large waves so that people can surf behind them.   These are very different from traditional water ski boats. 

 Given the damage they can do, there must already be solid regulations in place on these boats to protect our lakes, right?  Wrong.  

 The tremendous damage that these boats could cause to our lakes has been demonstrated in a number of scientific studies. 

 The Minnesota College of Science and Engineering’s Saint Anthony Falls Laboratory has studied the effects of wake boats on shorelines and clean water.  That institution found that wake boats would need to operate at least 500 feet from shore in order avoid causing more shoreline erosion than ordinary boats do. 

 A biologist for the Maine Audubon Society echoes the 500’ recommendation, noting also that wakes are also detrimental to loons.  Because loons are not able to walk on land, they nest right on the very edges of lakes.  Wakes can flood their nests, causing the eggs to float away and never hatch.

 The Michigan Department of Natural Resources (MDNR) cites a study showing that wake boat propellers generate enough velocity to resuspend sand, silt, and organic material from lake bottoms in water at least 15 feet deep.  The MDNR also cites a model that shows that wake boats may actually cause resuspension in depths as great as 33 feet.

 The MDNR also cites a study indicating that resuspension of silt etc. decreases water clarity, changes the depth at which aquatic plants grow, increases phosphorus, decreases oxygen, makes it difficult for fish to find food, and decreases fish numbers.

 A New Hampshire Department of Environmental Services (NHDES) limnologist reports that resuspension of sediments adds nutrients to the water system, which can cause algal blooms, including harmful cyanobacteria (blue-green algae) blooms. 

 The Wisconsin Department of Natural Resources (WDNR) reports that exposure to blue-green algae can cause humans to experience mild to severe illness, including organ damage and in rare cases, death.  The WDNR also reports that animals, including pets, can become sick and die after being exposed to blue-green algae.  Activities like swimming and waterskiing simply aren’t safe in areas with blue-green algae blooms.  Although the WDNR website contains a map of beach closings, the department notes that many local health agencies don’t have the ability to test for blue-green algae, and says that “when in doubt, stay out.”

Wake boats also increase the chance of aquatic invasive species being moved from lake to lake.  Most of these boats have ballast tanks or bags that hold up to 5000 lbs. of water.  The University of Minnesota’s Aquatic Invasive Species Research Center, which is funded by the Minnesota Legislature, has stated that “the best way for invasive zebra mussels to get from one Minnesota lake to another is aboard wake boats”. 

 The Center also states that “it looks like standard minimal tactics for reducing zebra mussel spread – cleaning the exterior of a boat and removing the drain plug – won’t be enough for wakeboard boat ballast tanks and some other large-volume water holding areas.  A hot water flush or five days of drying are the most practical surefire ways to ensure no larvae survive.” 

 The online magazine “Boating” suggests that when winterizing wake boats, ballast tanks and bags be drained, and that anti-freeze be added.  The need for anti-freeze seems to suggest that it is difficult to get all the water to drain from these areas.

 The NHDES report also indicates that a very small amount of water left in ballast tanks/bags can contain hundreds of microscopic larvae.  Also, that report cites a sea grant study of ballast that found that ballast bags typically contain residual water, that nine of 13 bags tests contained live organisms, that two of 13 contained zebra mussels, and that organisms in the bags had been alive for seven days.

 Let’s keep in mind that zebra mussels are only one of many aquatic invasive species that threaten our lakes.  Others include Eurasian watermilfoil, spiny water fleas, quagga mussels, and many more.  Many of us have seen the enormous mats of Eurasian watermilfoil that have already completely changed the character of some lakes.

 As a result of all the threats that wake boats pose, there have been calls for them to be well regulated.   Senator Mary Felzkowski and Representative Rob Swearingen have introduced a wake boat bill.  The bill prohibits wake surfing and wakeboarding within 200 feet of shorelines and structures, and on lakes under 50 acres or on portions of a bodies of water less than 400 feet in width.  Would this bill, if made law, do an adequate job of protecting our lakes?  Almost certainly not.  Let’s take a look at how much restriction and protection of our waters this bill provides and doesn’t provide:

 1.  The bill contains absolutely no regulation of wake boats based on water depth, despite the study and modeling showing they can stir up lake-bottom silt in at least 15 feet and maybe as much as 33 of water.

 2.  With some exceptions, the bill prohibits wake boating within 200’ of shorelines.  State law currently provides that no person may operate a motorboat at a speed in excess of slow-no-wake within 100 feet of the shoreline of any lake (200 feet for personal watercraft.)  There is an exception in current law for waters on which local ordinances etc. have reduced the limit.  There is also such an exception in the bill which would allow local governmental bodies to allow wake boats to operate closer than 200’ from shore.

 3.  The bill prohibits wake boating in all lakes of less than 50 acres in size.  State law already requires that all boats run at slow-no-wake speeds on all lakes of 50 acres or less that have public access.

 4.  The bill prohibits municipalities and lake districts from enacting rules stricter than those in the bill.

 5.  The bill also says that the acreage, width and distance from shore provisions don’t apply “to duly authorized wakeboarding or wake surfing tournaments, competitions, exhibitions, or trials therefor where adequate lighting is provided.” 

 The bill would increase the distance from shore at which wake boating may be done from 100 feet to 200 feet – far short of the minimum of 500’ that the scientific study shows to be necessary.  The bill would also ban wake boats on lakes under 50 acres with no public access.  While that would be good, it’s hard to imagine that lakes of less than 50 acres would be very attractive to operators of these powerful boats in the first place.  Also, the bill carves out exceptions for duly authorized exhibitions, tournaments, competitions, exhibitions, or trials thereof.  The bill completely fails to address water depth and sediment resuspension issues or Aquatic Invasive Species issues.  In addition, the bill allows local governments to decrease, but not increase the shoreline distance rule.

 This bill clearly falls short of what is necessary to protect our lakes from the damage that wake boats can cause.

 I wonder how many lake users demand artificial ocean sized waves, as compared to those who simply want to water ski, fish, canoe, kayak, swim, and conventionally boat on our clean lakes?  My guess is that the users of these expensive boats represent a very tiny fraction of all lake users.

So, why are Senator Felzkowski and Representative Swearingen sponsoring this bill?  Why aren’t they sponsoring a bill that reasonably regulates wake boats in accordance with the available science?  Why would they sponsor a bill that fails to address some of the important issues and that would set a distance from shore rule that is much more liberal than what the available science says is necessary?  Why would local governments be allowed to set rules decreasing, but not increasing lake protection?

 On November 13th, Senator Felzkowski and Representative Swearingen held listening sessions in Rhinelander, Minocqua, and Eagle River.  The Northwoods Star Journal reports that Senator Felzkowski said that the bill is “a starting point to a conversation”, adding “And just remember, if we don’t get it right the first time, it doesn’t mean we can’t change legislation.”  It’s unclear why the starting point would be so distant from what the actual science suggests, or what possible constituency would be satisfied with a bill that falls short of what science shows to be needed.  If the Legislature doesn’t get it right the first time, will it consider the matter disposed of and move on to other business?

 The Public Trust Doctrine is supposed to protect our clean lakes so that they can be used use by all of us.  Why should the rights of the many who use our lakes for conventional recreation be subservient to the very few who want to surf, or to the industry that markets wake boats?  I don’t know the answer to that question, but we sure deserve to find out.

 Apart from the few hardy souls who venture out on the great lakes in the fall, Wisconsin has no tradition of surfing.  Surfing is done in oceans without the need for wake boats, and, has more recently been done on artificial waves in water parks.  Wisconsin does, however, have a long and strong tradition of “going to the lake.”  That tradition is critical to the tourism economy of Wisconsin, and extremely important to the lives of many Wisconsin residents.  That tradition involves swimming in clean water, fishing for a variety of fish species, cruising in boats, waterskiing, and listening to the loons at dusk. 

 Is it fair for a relatively few people to risk damaging that tradition so that they can create an artificial water park type atmosphere to play in?  Is it fair for those relatively few people to risk aging our lakes, making them greener, dirtier, and more filled with invasive species?  Is it fair for those few to risk damaging our shorelines, and reducing the populations of fish and loons?  I say “no” to all of those questions.  If you agree, please write to your legislators and tell them that you don’t want wake boats churning the silt, eroding the shoreline, transporting invasive species, and reducing the loon and fish populations of our Wisconsin lakes.

Update By Eric Rempala October 22, 2023- As environmental groups ramp up their efforts to inform the public about Wave Surfing Boat impacts, State Legislators hurry to put in place milquetoast rules sans public input.

  In this original September 23rd OCCWA post we shared the many detrimental effects of wave surfing boats. We directed attention to the Last Wilderness Alliance's (LWA) efforts in educating Northwoods residents. Well, not surprisingly things have rapidly changed as the boating industry tries to fast forward favorable legislation. 

  Senator Felzkowski and Representative Swearingen have proposed a bill to regulate wakesurfing which fails to provide any meaningful protection against the activities impacts. The bill states wakesurfing boats should operate no less than 200ft from shorelines. Current studies are headed to results which will suggest 500ft or more minimum distance from shore should be required. The bill also provides no minimum depth requirements. LWA recommends 20ft depth minimum to prevent lakebed damage.

 On top of all that the bill would forbid any town to pass a more protective ordinance to their lakes. The proposed bills result being more stripping away of local control, much like the state's method used in our shoreland protection legislation.

  What can we as residents do? Well, Wisconsin Lakes Wisconsin Lakes - Our Mission - Wisconsin Lakes | Wisconsin Lakes   has a take action page which will help you find your legislators and email or call to oppose this bill as written. As we have mentioned many times before, we cannot protect our waters without public involvement. We at OCCWA urge you to consider this issue and act using Wisconsin Lakes Take Action page.  ACTION ALERT: PROPOSED WAKESPORTS BILL FALLS SHORT - Wisconsin Lakes | Wisconsin Lakes 

Three points one should consider making to their legislator.

 1) Wave Surf Boat's minimum distance from shore should be 500ft. not 200ft.

 2) Wave Surf Boat's minimum depth for operation should be no less that 20ft.

 3) The State should put no restrictions on the ability of towns to adopt more restrictive      

     ordinances if desired.

Here is a 6-minute YouTube video produced by Last Wilderness Alliance showing impacts of Wave Surfing Boats.  Wake Surfing - A Threat to Our Lakes - YouTube Must see!

 If you are not sure who your legislators are here is a link to find out  My Elected Officials (wi.gov) 

  Lastly, if you wish to attend a LWA presentation on wake surfing, there will be one in Lake Tomahawk on the 27th of October. 

By Eric Rempala September 23, 2023- Recently OCCWA attended the town of Lake Tomahawk's September town board meeting. The purpose of this visit was a general update on current water issues in our county. We covered multiple issues including but not limited to PFAS and mining. In our many town visits we attempt to impart information beneficial to making local decisions on water issues, and sometimes we learn of few things ourselves. 

 What we learned thanks to Lake Tom's insight in inviting the Last Wilderness Alliance  Last Wilderness Alliance was that wave surfing boats are incredibly damaging to our lakes if not operated in a responsible manner. What does that responsible manner look like? Well, that is something we think every town should consider. We highly recommend towns consider inviting the Last Wilderness Alliance to present their position. Contact 1 — Last Wilderness Alliance   The presentation by John Richter we attended is extremely well produced and impactful. See attached  Wave Propagation Impacts.pdf - Google Drive 

 So, here are a few facts about wave boats gathered from Sierra Club Noth Star Chapter.

 "   What is a wake boat?

 One type of vessel, the wake boat, is exceptionally destructive if operated without care. Tanks at the back of these boats take on thousands of pounds of lake water to increase their weight, a design that causes them to ride bow-up and stern-down. Coupled with powerful motors pointing their propeller at a downward angle, the boats produce strong high-energy wakes and propwash. This allows people to surf untethered behind them.

What is the environmental impact of wake boats? 

Just one pass of a wake boat can be devastating to an ecosystem. Multiple passes in the same area cause long-lasting damage to shorelines, water quality, and lake bottoms.

Wake boats erode vulnerable shorelines when the distance to shore is not adequate to dissipate the wakes. The wakes can also damage docks, swamp other boats, endanger swimmers, and destroy waterfowl nesting sites. (Waves affecting loon nest video  Please Slow Down for Loons! Boat Wake Hits Loon Nest - YouTube )

The downward angle of the propwash from wake boats causes algae blooms by stirring up sediment and reintroducing sequestered phosphorus and nitrates into the water column. Lake water is warmed by this increased turbidity, making aquatic ecosystems less hospitable for native flora and fauna. Often native plants are uprooted, and fish nests destroyed.

Aquatic Invasive Species (AIS) are pumped into the ballast tanks along with lake water. These tanks are difficult to clean and end up spreading AIS to other waterbodies. Until the boating industry improves the tank-cleaning process, wake boats will continue spreading AIS. "

  Clearly, one can see what this type of impact could have on the lakes in our area, which is why towns should look at being proactive in educating themselves. For clarification purposes, towns must be the leaders in adopting ordinances to regulate this type of watercraft as the County has no jurisdiction said John Richter. 

  We have included a photo from the cover of the book Ripple Effects by OCLRA's Ted Rulseh which is an aerial shot of a wave surfing boat and the waves they create.

See Milwaukee Journal Sentinel coverage here Wisconsin residents seek to minimize damage to nature from wake boats (jsonline.com) 

Also see Lake Mildred & Clear Lake Owners Association Facebook video posted July 2nd  

 Video | Facebook