WAKE ENHANCED BOATING STATUS

Re-posted from Paul A. Smith

Copyright © 2026 Milwaukee Journal Sentinel 5/10/2026

Boating activity traditionally ramps up in May in Wisconsin, with many of the approximately 600,000 registered boats in the water by Memorial Day weekend. If a trend continues, a relatively small but growing number of vessels plying Badger State’s waters in 2026 will be wake boats, a motor craft designed to produce larger than normal waves for the pleasure of tubers or surfers. The boats use special ballast tanks or other features to produce waves typically 3 feet high and powerful enough for a surfer to follow the boat without a tow rope.

In 2023, 1,181 wake boats were registered in Wisconsin, according to the Department of Natural Resources. The number does not include wake boats registered in other states and trailered into Wisconsin. For perspective, in 2023 there were 611,788 powerboats of all types registered in Wisconsin. Although they comprise a small percentage of motorboats in the state, wake boats have generated substantial opposition from other boaters as well as anglers, paddlers, lakefront property owners and lake associations. Multiple independent studies have shown wake boats create larger and more powerful waves and greater bottom disturbance than other power boats.

Parties on both sides of the issue succeeded in getting bills introduced in the Wisconsin Legislature last session. Two lawsuits have also been filed by wake boat owners in efforts to overturn local ordinances that prohibit wake-enhanced boating.

Status

What is the law on wake boating in Wisconsin at the moment? Under Wisconsin law, wake boats are regulated just like all other power boats, meaning in most waterbodies they can create a wake when operated at least 100 feet from shore. Exceptions exist for lakes and ponds 50 acres or smaller, in lakes or areas of lakes designated as ‘no wake’ and in areas covered by ordinances prohibiting wake-enhanced boating.

What happened in the 2025-26 Wisconsin Legislature? Several bills on wake-enhanced boating were introduced in the 2025-26 session of the Wisconsin Legislature but none passed. The legislative action reached a crescendo on Feb. 19, 2026, when the Senate held a committee hearing and the Assembly had one of its final floor sessions.

Lake protection and local control advocates backed SB 1024, which required wake surfing take place at least 500 feet from shore and in water at least 20 feet deep. In addition, it specified legal immunity to local units of government if they enacted a wake-surfing ordinance stricter than state law.

The boating industry and wake surfers supported SB 1025, requiring the activity at least 300 feet from shore but with no depth requirement. Unlike its counterpart, SB 1025 was silent on local control.

And then there was a strange combo bill that emerged from Assembly Republicans. In an unprecedented move, during the Feb. 19 floor session Republicans amended their version of SB 1025 to include a sandhill crane hunting provision. There was no similar bill in the Senate so it couldn’t be taken up in the limited time left, according to legislative staff.

So, although an overflow crowd of Wisconsin residents passionate about wake-enhanced boating issues was at the Feb. 19 hearings in Madison for SB 1024 and SB 1025, said Sen. Cory Tomczyk, R-Mosinee, chairman of the Senate Committee on Transportation and Local Government, announced all the wake boating bills were dead. ‘There will be nothing happening on wake boats in this legislative session,’ Tomczyk said. ‘It is over.’

Lobbyists for the boating industry and lake protection groups are working to pave the way for wake-enhanced boating bills in the Legislature’s next session.

What is the status of wake boating lawsuits in the state of Wisconsin?  Two lawsuits have been filed in Wisconsin by wake boat owners against units of government that enacted wake-enhanced boating ordinances. In both cases the wake boat owners are represented by the Weld Riley S. C. law firm in Eau Claire.

The first lawsuit, filed May 16, 2025, by wake boat owners against the Town of Scott in Burnett County, is in Federal Western District Court in Madison. The trial date is set for Oct. 26, 2026.

The suit seeks to overturn the boating rule it claims is illegal and unconstitutional. It also asks for injunctive relief to prevent attempts to enforce it and claims the plaintiffs are damaged through a “taking” of their personal property by being unable to use their wake boats for their intended purposes.

Birch Island Lake spans 768 acres, has an average depth of 6 feet and a maximum depth of 13 feet, according to the DNR. In dispositive motions filed in late April, it was learned the plaintiffs continued wake surfing on Birch Island Lake in 2025 despite the ordinance. And they plan to do so again in 2026. The lawyer for the Town of Scott acknowledged local officials knew about the activity but took no enforcement action last year and have no plans to hire a constable or otherwise position the Town (population about 400) to be able to enforce it. Although advocates on both sides were hoping the case would produce a definitive result to support their views it is increasingly likely it could be dismissed and not provide clear guidance.

The other lawsuit was filed April 20, 2026, by Elkhart Watersports Alliance, Inc. against the village of Elkhart Lake in Sheboygan County and its trustees. The plaintiffs are unnamed but are described as 14 individuals who use wake boats and wake surf on Elkhart Lake. The village passed its wake-enhanced boating ordinance in November to protect the health of the lake and public safety. It bars the use of ballast tanks or fins to operate boats to create the waves required for wake surfing. Village officers would enforce the ordinance, and penalties range from a $500 fine for the first offense to a $1,000 fine for subsequent offenses within one year.

In its complaint the alliance claims the Elkhart Lake wake-enhanced boating ordinance violates state law, the Americans with Disabilities Act and the constitutional rights of members under the Public Trust Doctrine and U.S. Constitution. The group is seeking compensation of about $1.8 million for the loss of using their boats and other equipment, more than $911,000 in docking fees and $1.35 million in emotional damages. As of late April, no court date had been set.

What does boating industry recommend for wake boats? Many boating industry groups and wake surfing advocates support a national ‘Wake Responsibly’ campaign. The information is centered on education and awareness and earned the Seal of Safe Boating Practices from the National Association of State Boating Law Administrators, according to the Water Sports Industry Association. The ‘Wake Responsibly’ campaign asks wake boaters to ‘minimize repetitive passes, keep music at a responsible volume and stay 200 feet away’ from other boaters and shore. New this year West Marine will display ‘Wake Responsibly’ postcards, stickers and other information at its approximately 180 retail stores in the U.S.

What is the status of local wake boating ordinances in Wisconsin? Wisconsin law allows local units of government to enact ordinances on a wide variety of activities. Common examples include when or whether leaves can be burned and when waterskiing can occur. Due to growing opposition to wake boats, in recent years many wake-enhanced boating ordinances have been added to the books.

As of early May, 84 local ordinances were enacted in Wisconsin to prohibit or restrict wake-enhanced boating, according to the Last Wilderness Alliance, a Presque Isle-based nonprofit organization that offers support to town board members and others.

The most recent were April 20 in the Town of Spirit Lake in Price County; April 27 in the Town of Balsam Lake in Polk County; and May 4 in the Town of Pelican in Oneida County. More than a dozen others are considering similar ordinances. However, the threat of being sued is keeping at least some from acting.

What state has the strictest rules on wake boating in country?Among states, Vermont has the most restrictive rules on wake surfing. The Vermont Agency of Natural Resources led the effort to enact the regulations, which were passed in 2024.

The rules ‘seek to protect Vermont’s environment while balancing a range of recreational activities,’ the VNR Department of Environmental Conservation said in a statement announcing the regulations. The regulations require wake boating take place at least 500 feet from shore, in water at least 20 feet deep and in an area that meets these criteria that is at least 50 contiguous acres. In addition, wake boat owners must designate a ‘home lake’ and ballast tanks must be decontaminated before moving a wake boat to another waterbody. The rules meant wake surfing was possible on 30 of the approximately 800 inland lakes and ponds in Vermont.

And the Vermont rules might get even tougher on wake boaters this year. An additional regulatory package is being considered that would require 100 acres for the wake surfing zone, or twice the current area, among other modifications. If passed, wake surfing would be possible on 18 Vermont inland lakes, according to a Vermont ANR analysis A decision is expected in May.