Wisconsin’s long history of local control and wake boat regulations

By Dan Butkus and Meleesa Johnson

We’ve all experienced the upsetting phenomenon of being “pushed out.” Remember that recent office meeting when somebody would not stop dominating the conversation? Or that time at school when some big kid pushed you off the swing set? It feels unfair, even unsafe. When a wake boat is dominating a Wisconsin lake or river, all the people who want to safely paddleboard, kayak, canoe, fish, swim, or waterski are “pushed out” of their freedom to enjoy the water.

Wake boats are huge and on average cost between $200,000-$500,000. They have supercharged engines, with some models topping out at 650 horsepower. (That’s more HP than most pickup trucks). They have specialized ballast systems that can hold 3,000 to 4,000 pounds of water. During takeoff and operation, these special features create a deep downward thrust into the water column. That thrust pushes water down and out, deep toward the lakebed and up to 900 feet across the surface. That wave energy can be 10 times more powerful than a non-wake-enhanced wave (think of a traditional motorboat).

What difference does that enhanced wake make? That power of that thrust and wave energy have negative impacts on the lake and its users. It can erode the lake bottom and compromise fishing and spawning areas. It can rip up important aquatic plant habitat and chew away at shoreland. There are real safety concerns if the wake tosses other people recreating on the water around like buoys on the ocean.

So, who has regulatory authority over wake boats? The state of Wisconsin has the authority to regulate its surface waters, as do local units of government under Chapter 30 of the statutes. In fact, this authority is used to set local regulations such as “slow-no wake” standards or boating speed limits. This delegation of authority to the local level, or local control, is a hallmark of Wisconsin and is enshrined in the Wisconsin Constitution.

Across this great state, local control is being used to establish reasonable limitations on wake boat operations. Local governments are doing this heavy lifting by way of ordinances that prohibit the creation of this artificial wake that is raising havoc on our Wisconsin lakes and rivers. Some municipalities with larger lakes in their jurisdiction are limiting wake boat operations to at least 700 feet from shore and in water that is at least 30 feet deep. The ordinances also reaffirm their local control rights. Wake boats are not prohibited, just regulated. These regulations are a way of ensuring that no one is “pushed out” and everyone can enjoy the water, not just those who have the biggest piece of equipment on the lake.

Working as partners with local government is a diverse coalition of 75 organizations that all care about how wake boats affect Wisconsin’s waters and communities. The coalition includes conservation and environmental groups, fishing clubs, silent sport groups, lake associations, lake districts, towns, private property owners, and businesses. In total, this coalition represents over 100,000 Wisconsin citizens. The coalition is now working with the Legislature to establish the minimum wake boat operational limitations so that all lakes and rivers have some element of protection. Of course, the powerful and well-funded wake boat industry is working to undercut those standards and take away local control.

However, we know that in Wisconsin, power lies within the voice of the people, not just a well-funded industry. We also believe in Wisconsin’s long history of local control and “locals” who protect the things they value … people and natural resources.

(Dan Butkus is president of Wisconsin Lakes, info@wisconsinlakes.org. Meleesa Johnson is executive director of Wisconsin’s Green Fire, mjohnson@wigreenfire.org. They represent two of the five original members of the wake boat coalition. Representatives of Lakes at Stake, Last Wilderness Alliance, Wisconsin’s Green Fire, Wisconsin’s Lakes Association and Wisconsin Wildlife Federation came together as a group in July 2024 to establish reasonable regulations for the operations of wake boats.)