TOMAHAWK – A City of Tomahawk committee is considering an ordinance that would ban enhanced wakes on Lake Mohawksin.
The city’s Park and Recreations Committee discussed the matter during its meeting at City Hall on Tuesday, Jan. 13.
Enhanced wakes are large waves created by wakeboats traveling at slow speeds and are utilized for wakesurfing and other watersports.
Supporters of prohibiting 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.
Opposition to enhanced wake rules stems in part from wakeboat manufacturing organizations and watersports groups and enthusiasts.
More than 75 Wisconsin municipalities have enacted ordinances banning enhanced wakes.
One such ordinance implemented in the Town of Scott in Burnett County in 2024 said enhanced wakes can endanger swimmers, anglers and other watercraft, and the use of ballast – the practice of adding weight low in a watercraft to lower its center of gravity and increase stability – in combination with wake-enhancing fins can “cause unsafe operation by causing the bow to rise, obscuring vision forward.”
Local ordinances
One area township has passed an enhanced wake-related ordinance, while several others are considering similar ordinances of their own.
During the Park and Recreations Committee meeting earlier this month, Committee Chair Jeff Kahle noted that the Town of King previously passed an enhanced wake ordinance applicable to Lake Alice.
The Town of Wilson Board is expected to consider a similar ordinance affecting Somo Lake and the Somo River in February.
The Towns of Bradley and Nokomis are in the process of collaborating on enhanced wake ordinances that would impact Lake Nokomis, Bridge Lake and the Rice River Flowage, Kahle said.
City attorney cautions against enacting ordinance
The City of Tomahawk’s attorney provided information on state statutes in relation to a potential enhanced wake ordinance and ultimately cautioned the city against enacting such an ordinance, citing possible legal challenges.
Jenna E. Rousseau of Renning, Lewis and Lacy, S.C., in a December email to City of Tomahawk Clerk/Treasurer Amanda Bartz, explained that state statute prevents municipalities, lake districts and town sanitary districts from enacting ordinances that “(exclude) any boat from the free use” of Wisconsin waters.
However, municipalities can, “in the interest of public health, safety or welfare, including the public’s interest in preserving the state’s natural resources,” enact ordinances related to the equipment, use or operation of boats, Rousseau said, citing state statute.
State law also dictates that in order for such an ordinance to be considered valid, all municipalities having jurisdiction over the lake must pass an identical ordinance; or at least 50% of the municipalities having jurisdiction over the lake must enact an identical ordinance, and at least 60% of the footage of shoreline of the lake must be within the boundaries of those municipalities, according to Rousseau.
Such ordinances are subject to advisory review by the Wisconsin Department of Natural Resources (DNR).
There have been efforts at the state level to enact legislation to provide uniformity regarding enhanced wake ordinances, Rousseau said. She also cited litigation pending against the Town of Scott in Burnett County, challenging the ordinance enacted there.
“There is a significant risk of challenge given the lack of uniformity on this issue, the controversial nature of this issue and the pending legal challenge against the Town of Scott,” Rousseau stated. “There is also a question of whether the city has the resources to enforce an ordinance of this nature. Therefore, the city may wish to refrain from considering an ordinance until the legislature or courts have an opportunity to weigh in.”
During the meeting, David Soderberg of the Friends of Lake Mohawksin, a local group that is advocating for the enactment of an enhanced wake ordinance, said the Burnett County ordinance is the only one in the state currently facing legal action. Three similar legal challenges, including one in Manitowish Waters in Vilas County, were summarily dismissed, according to Soderberg.
Potential City of Tomahawk, Town of Bradley parallel ordinances
Due to shared jurisdiction over Lake Mohawksin, it was indicated during the meeting that the City of Tomahawk and the Town of Bradley would likely collaborate on crafting identical enhanced wake ordinances.
Soderberg said the Friends of Lake Mohawksin strongly supports the city “(working) hand in glove” with the Town of Bradley, noting that the township is “very keen” on collaborating with the city on the effort.
Soderberg also noted that other local municipalities passing such ordinances prior to the City of Tomahawk and Town of Bradley doing so could possibly lead to Lake Mohawksin being the primary destination for enhanced wake activities.
Richard Philips of the Last Wilderness Alliance, a group that helps municipalities pass enhanced wake ordinances, explained that a draft ordinance from his organization has been used by nearly 50 of the 75-plus municipalities that have taken such action. The city could choose to utilize the draft ordinance as a framework in crafting its own.
Municipal code requires city ordinances to be written in a specific format, according to Bartz. Phillips recommended that the city and the Town of Bradley work together to craft an ordinance that would satisfy the municipalities’ respective codes while meeting the DNR’s requirements and expressed confidence that this goal could be accomplished.
It was indicated during the meeting that a potential City of Tomahawk ordinance would likely include a carve-out for the Kwahamot ski shows, which utilize ballasts to create enhanced wakes.
The committee ultimately decided to move forward with crafting an enhanced wake ordinance.
Comments
No comments on this item Please log in to comment by clicking here