Why pro-wake sport pro-industry bill AB1033 is insufficient to protect Wisconsin lakes
We must continue urging legislators to oppose AB1033! It does not protect our lakes from the impacts of enhanced wakes, and it will strangle local town boards with threat of lawsuits if they proceed with more restrictive regulation. This bill should not move forward!!
Strong feedback forced the bill’s sponsors to admit that a 200-foot buffer was inadequate, leading to a last-minute amendment to expand the shoreline setback to 300 feet. Although this is progress, AB 1033 remains fundamentally flawed for the following reasons:
- It is silent on local control leaving a gaping hole for wake boat industry attorneys to challenge the 77 existing local ordinances, and prevent new ordinances from getting enacted. During the public hearing meeting, multiple attorneys clearly explained this stealth hook to committee – The industry’s argument will go like this –
- Local control is allowed by Wis Stat 30.77(3)(a), which reads: “… any town, village or city may…. enact ordinances applicable on any waters of this state within its jurisdiction if the ordinances are not contrary to or inconsistent with this chapter…”
- So long as state law had no specific regulation of wake surfing, towns were free to enact restrictions. They were writing on a blank canvas.
- If AB 1033 is enacted, the state will have issued very specific regulation of wake surfing within Chapter 30. Wake surfing will no longer be a blank canvas.
- Wake surfing interests will argue that with specific state-enacted standards on wake surfing, any ordinance a town enacts more restrictive to this standard will be “contrary to or inconsistent with this chapter”. Lawyers will argue: “If the state meant to put in a depth restriction, they would have done that.” Or “If the state meant to let a town enact a more restrictive regulation, they would have said that.” etc.
- It is guaranteed that wake surfing interests will argue that the state enactment of AB1033 is a “preemption” of local control in regards to wake surfing.
The result? It will take many years for the courts to sort this out, while local units of government will be strangled under the threat of litigation brought by wake surfing interest.
The Wisconsin Towns Association understands this threat to our towns and DOES NOT SUPPORT AB 1033.
The Water Sports Industry Association (WSIA) understands that they can attack local control with AB 1033. They state: “Statewide consistency is the only way to protect the boating industry from unreasonable and unscientific local bans. AB 1033 provides a predictable regulatory environment for manufacturers, dealers, and families alike, replacing the uncertainty of town-by-town ordinances.“
Does this sound like “protecting local control” to you? Your representative may not be aware of this stealth attack. Alert them TODAY.
- There is no indemnity clause for Towns and Town officials who might approve more protective wake surf regulations. We must protect Towns and Town officials from frivolous lawsuits.
- It falls far short of the 700 feet or even the 500 feet in a compromise bill LRB 6365 discussed in the Milwaukee Journal Sentinel (HERE), by NPR (HERE), and the draft bill (HERE)
- It has zero references to depth – which means people can wake surf in shallow of water and blow-up the lake bottom – despite many new studies noting wake surfing should be done in depths of 20-30 feet to avoid damaging the lake bottom.