Wakesurfing Law 

Proposed Regulation

A 200-foot distance-from-shore law for wake boats, is supported by scientific evidence, and would:

• Provide a balanced framework for mitigating environmental and safety concerns.

• Ensure a practical and enforceable standard for responsible wake surfing.

• Maintains equitable use of Wisconsin lakes for all recreational activities.

Regulations Not Substantiated by Science:

• Distances from Shore greater than 200'

• Depth Regulations which are largely unenforceable & not specific to wake boats.

• Lake size regulation that is greater than the current regulation for all boats.

• Regulations on ballasts "creating" large waves that can be created by any large boat. 

• Additional AIS regulations on ballast boats, when science states clearly all boats traffic AIS.

• Safety regulations without having any data driven evidence.

Key Findings and Recommendations: Wake Boat Regulations Verified through Scientific Studies

Wave Energy and Height - Damage to Property & Erosion 

1. • Scientific analysis reveals that at a 200-foot distance from shore, wake boat wave energy and height become comparable to those of other common watercraft operating at the legal distance of 100 feet.

   • Research indicates that even a fishing boat, with sufficient displacement, can generate similar wave energies at 200 feet as many wake boats. (MacFarlane, 2018) Boats without a ballast operating between the speeds of 11 and 22 mph can legally put similar, if not greater, wave heights and energies from 100 feet than a ballasted wake boat surfing from 200 feet out. 

   • This places wake boats within an acceptable impact range, suggesting that a 200-foot setback effectively manages their activity and environmental footprint.

Comparison to Natural Wind Waves -Shoreline Erosion

1. • At a 200-foot distance, the energy of a wake boat wave is equivalent to waves generated by a 20 mph wind over a one-mile of water and much less than waves generated by wind on large lakes. Some sections of small lakes may not experience a mile fetch (distance over water) and have smaller wind-driven waves.  Cox and McFarlane from the Australian Maritime College have been studying boat wakes for over 30 years and conclude, “Wave wake studies are inevitably a study of orders of magnitude and not small percentages.” While smaller fetches will result in lower energy waves, wakeboat wakes are not orders of magnitude different and are still similar to those generated by other boats 100 feet from shore, which is the current state regulation.  

   • For wake boat waves to reach the shore with similar total energy to 20 mph wind-driven waves, the boat would need to pass every 60 seconds, highlighting the reasonableness of the 200-foot setback as a limit.

Lake Bottom Disturbance- Environmental Concerns

1. • Wake boats require a depth of 10–15 feet to produce effective surf wakes. Research indicates that wake boats do not disturb the lake bottom at these depths.

   • Although enforcement based on depth is challenging and unenforceable, the Local Unit of Government could provide guidelines by posting a 10-foot minimum depth recommendation at public boat landings for responsible wake surfing.

Safety- Damage to People & Property

1. • Data shows no significant safety citations or documented injuries associated with wake boating, suggesting it is a safe recreational activity under current regulations.  Wisconsin already has laws holding boater responsible for their wakes.

Aquatic Invasive Species (AIS)- Risk of Spreading

1. • The risk of AIS transport is not unique to wake boats and applies to all watercraft.  A uniform approach to AIS prevention is necessary across all types of boats. 

Space Requirements- Use on Lakes Based on Size

1. • Wake boats require no more operational space than traditional ski boats since they travel at 11 mph vs ski boat which typically operate at 20-36 mph. Therefore, additional spatial regulations beyond those applied to ski boats are unnecessary.

   • .A ski boat uses 60 acres in 5 minutes while a wake boat uses 48 acres. A wake boat uses less lake area than a ski boat and travels 1 mile linear distance vs 2.5 for a ski boat.  Calculated with a 100'X2  exclusion zone for Ski boats and a 200'X2 exclusion zone for Wake boats.

Considerations for Lawmaking

Any proposed legislation should be evaluated to ensure it:

1. Protects public health, safety, and welfare, including the preservation of natural resources, with a solid scientific basis.

2. Aligns with the Public Trust Doctrine governing Wisconsin waterways.

3. Addresses a statewide concern rather than purely local issues.

4. Is enforceable, with practical methods for monitoring compliance.