Newbold adopts enhanced wake restrictions effective May 18

Approximately 70 people were in attendance at the Newbold Town Hall May 9 as the members of the town board voted unanimously to adopt a resolution amending town ordinance chapter 11.09 to include restrictions on artificially enhanced wakes.

The ordinance amendment, which covers “all waters within” the town “that are under 1,500 acres, including … lakes spanning town boundaries but with over 60 (percent) of their shoreline in Newbold,” prohibits certain artificial wake enhancement equipment and operation. 

According to section 2(a) of the amendment, no “water sacks, fins, ballast tanks, ballast bags, mechanical fins, and similar devices” which would “cause a boat to operate in a bow-high manner” or increase or enhance a boat’s wake are to be employed.

Section 2(b) outlines operations prohibited, which states the equipment listed can’t be used to operate a boat in a bow-high manner causing an increased wake or “continuous operation at transition speed (the speed below planing speed in which a boat is operating in plowing mode).”

Certain exemptions were included under section 2(c), which are water skiing, tubing, wakeboarding “employing a tow rope,” “brief transition operation to empty a boat of water,” or “brief transition operation of a boat accelerating into a planning condition.”

Anyone found in violation of the amended ordinance will be fined $500 for a first offense and $1,000 for a second offense, which is consistent with state boating laws in chapter 30 of state statutes. 

There was a sunset clause included in the ordinance amendment as well, which mandates the town board review it after two years with data analysis on complaints, violations, citations and any public safety concerns. 

After town chairman Dan Hess read the resolution and amendment, town supervisor Petra Pietrzak made a motion to adopt. Town supervisor Mike McKenzie seconded it.

Town supervisor Scott Ridderbusch thanked members of the public for providing input over the last few months.

He also mentioned there are other states enacting ordinances to protect water bodies.

He specifically referenced Georgia and Virginia. 

“The other concern, based on comments, we’re stipulating that that lake has to be 1,500 acres,” he said. “Those lakes that if we were to look at some of the other reduction in size, a couple of lakes would qualify if it was 500 acres. However, in the instance where we’re referring to the depth of 20 feet, then Pickerel would be out of the equation to try and accommodate the best of both worlds. So that would leave the burden with Two Sisters Lake and I think that would be unfair because now you’re putting more stress on that water body. This still does allow those types of boats to be on that water, so just because you do see that boat cruising around it does not mean, and it might be a wake type boat, they are still permitted on those water bodies.”

Pietrzak noted the results of the Department of Natural Resources annual spring survey this year. 

She said the survey showed “overwhelming” support from Wisconsin residents for prohibiting boat operation which creates enhanced or hazardous wakes. 

There are 20 municipalities that have enacted an ordinance regarding enhanced wakes, she added.

“It’s almost infectious,” she said. “Things are starting to take off and more and more communities are interested.”

Lake Tomahawk, Pietrzak mentioned, agreed to move its enhanced wake ordinance forward during its May 8 meeting, and multiple towns in Vilas County are in the process of enacting similar regulations. 

There was also “overwhelming support” in Newbold, she said, and only “minimal” opposition.

Pietrzak said Vermont was another state where “wake boat activity” is being restricted.

She recognized all of those involved who went “above and beyond” in helping the town board. 

“So the bottom line is I think we all sort of came to the conclusion that our lakes in Newbold are simply too small to handle enhanced wake activity when you consider all of the various types of damage that they do and the risk of public safety and just public welfare in general,” Pietrzak said.

Town supervisor Brad White also took a moment to thank all those who provided input. He said he had mixed opinions on the ordinance. 

White said people should understand the amendment wasn’t a “wake boat ordinance,” but rather an “enhanced wake ordinance.”

“Other boats other than wake boats qualify and fall under some of these ordinances and some of these proposals,” he said, before read section 2(b). “When you’re trying to teach a 5-year-old how to water ski on training skis, that's the operation mode that you’re in. That violates this ordinance. You can be subject to these fines training to teach your grandkids how to waterski underneath this.”

White cautioned people to pay close attention to the wording of the amendment. 

“So, you might think you’re free and clear because you’re not operating a wake boat, but you still might be (violating the ordinance),” he said. 

The next two years with the regulations in place could be interesting, White added, noting that he’s looking forward to seeing more studies released on enhanced wakes. 

Someone in the crowd raised their voice while White was talking, telling him to look at the exemptions under section 2(c). 

“Whoever just commented, that’s not a public comment and that’s not tolerated here,” Hess said. “Everyone’s been awesome throughout this entire process for people who are for it and people who are against it and I would respectfully request that you continue to do that.”

Hess, a retired county law enforcement officer, also voiced his thoughts on the enforcement aspect of the ordinance amendment.

“The people (of the town) have to educate,” Hess said. “Our goal isn’t to go out and write people tickets, that’s not the goal. If someone’s doing something wrong on the lake I’d hope someone would talk to them (first) … and I think our town is that way and I think that will work fine. The big thing, and I’m not a big one for writing tickets on this, so it has to come from the people.”

Signs will be put up at all of the town’s boat landings once the ordinance is enacted, he added. 

Hess also encouraged people to speak with boat rental companies for those companies to make sure customers are aware of the new regulations. 

“Like I said, I don’t want to hear a bunch of the people calling me everyday and saying ‘Dan, you gotta write a ticket on this.’ That’s not the goal of this. The goal is to educate people and get this type of behavior stopped on our lakes.”

The ordinance amendment language is published in today’s River News (see Legals, Page 7), which, according to town clerk Kim Gauther, makes the regulations effective as of Saturday, May 18. 

Hess directed the town’s director of public works Mark Fetzer to order signs and install them at all applicable boat landings by the effective date.

Trevor Greene may be reached via email at [email protected].