TOMAHAWK – An ordinance that would regulate artificially enhanced wakes on Lake Mohawksin is headed to the City of Tomahawk Common Council for final review.
The ordinance was approved by the city’s Park and Recreations Committee during its meeting at City Hall on Tuesday, May 12.
In the months leading up to the ordinance’s approval, the committee had been mulling the implementation of a rule regarding enhanced wakes, which are large waves created by wakeboats traveling at slow speeds and are utilized for wakesurfing and other watersports.
Proponents of regulating enhanced wakes point to their potential environmental impacts, including shoreline erosion, threats to aquatic life and waterfowl, the spread of aquatic invasive species and increased risk of algal blooms caused by re-suspended sediment adding nutrients to the water.
Wakeboat manufacturing organizations and watersports groups and enthusiasts are among those who have opposed enhanced wake rules.
More than 75 Wisconsin municipalities have enacted ordinances banning enhanced wakes.
Locally, the Town of King has passed an enhanced wake ordinance applicable to Lake Alice, while the Town of Wilson has enacted a similar ordinance affecting Somo Lake and the Somo River.
The Towns of Bradley and Nokomis are in the process of working together on enhanced wake rules for Lake Nokomis, Bridge Lake and the Rice River Flowage.
The City of Tomahawk and the Town of Bradley share jurisdiction over Lake Mohawksin, meaning collaborative ordinances would be required to meet Wisconsin Department of Natural Resources (DNR) guidelines.
Wisconsin lawmakers have taken up legislation aiming to set statewide standards regarding enhanced wake regulation. A recent effort, Assembly Bill 1045, failed in the State Assembly in March. The bill was coauthored by State Representative Calvin Callahan (R-Tomahawk).
The ordinance
The ordinance considered and ultimately given the green light by the committee earlier this month points to potential environmental and safety impacts presented by artificially enhanced wakes.
According to the ordinance, such wakes can cause damage to lakes and lakeshore, “including re-suspension of sediment adding nutrients to the water and increased risk of algal blooms, turbidity, shoreline erosion and threats to aquatic life and waterfowl.”
The ordinance also says boats with ballast systems, which add weight low in a watercraft to lower its center of gravity and increase stability, “increase the likelihood of aquatic invasive species being introduced and spread on lakes.”
The use of ballasts and wake-enhancing fins “can cause unsafe operation by causing the bow to rise, obscuring vision forward,” the ordinance says.
Artificially enhanced wakes can also result in damage to moored boats and shoreline structures, including docks, and can potentially “endanger swimmers, anglers and other watercraft,” according to the ordinance.
The ordinance includes a carve-out for the Kwahamot Ski Club water ski shows, which utilize ballasts to create enhanced wakes.
Discussion, vote
Discussion of several issues surrounding the ordinance took place during the meeting earlier this month.
City of Tomahawk Mayor Michael “Hob” Habeck, who owns Hob’s Service Center in Tomahawk – which services numerous types of watercraft – told the committee that he’s been approached by numerous constituents who are concerned that enacting such an ordinance may lead to future bans of other types of watercraft, such as tritoons, which can create large wakes.
“Does it go to pontoons? Does it go to Sea-Doos? It’s a huge thing in our community, recreation-wise,” Habeck stated. “I think we really, really have to look at all angles of it before we decide to do something like this.”
Habeck also said he’s spoken to law enforcement about the ordinance and opined that enforcing it would be “next to impossible.”
David Soderberg of the Friends of Lake Mohawksin, a group advocating for the enactment of an enhanced wake ordinance, told the committee that other Wisconsin municipalities that have taken such action have not had issues with enforcement “because (individuals violating the ordinances) have been warned, and then people have not repeated the offense.”
Committee member Mickey Loka pointed out that even without the use of ballasts, boats can potentially create large wakes during recreational activities, such as pulling a water skier, and he questioned whether or not such an instance would be in violation of the proposed ordinance.
Soderberg responded by saying that the operation of a boat in that circumstance would be considered “perfectly legal” under the proposed ordinance because ballast would not be not in use.
Soderberg also noted that except for the City of Tomahawk-specific carve-out for the Kwahamot Ski Club, the exact language in the ordinance has been utilized in 46 other Wisconsin municipalities, “and they have not had a problem with the wording.”
“Minocqua and a number of other places that have ski clubs have had no problem whatsoever with (such ordinances),” Soderberg stated.
After further discussion, the ordinance was approved by a 3-1 vote, with Steve “Ding” Bartz, Jeff Kahle and Jim Daenicke in favor and Loka opposed.
Next steps
With the city and the Town of Bradley collaborating on parallel ordinances, Soderberg told the committee that they must be, in legal terms, “substantially identical” in order to get the necessary thumbs up from the DNR.
Looking ahead, the city council will review the ordinance at a future meeting. Soderberg explained that if the city and Bradley ordinances are ultimately approved, they will be sent to the DNR, which will advise the municipalities of any issues.
The next council meeting will be held at City Hall on Tuesday, June 2 at 5:30 p.m. The meeting agenda had not been published as of press time on Friday, May 22.
Comments
No comments on this item Please log in to comment by clicking here