State releases draft rule for wake boat regulation
Feb. 3, 2023 | By Waterbury Roundabout 
The state is seeking public comment on a proposal for new rules to govern wake boat operation on Vermont waters. State of Vermont photo
New draft regulations for wake boat operation on some Vermont public water bodies including the Waterbury Reservoir have been released for public review with the opportunity for additional public comment.
The Lakes and Ponds Program of the Department of Environmental Conservation in announcing the draft rule explained that it comes in response to a petition seeking to limit the use of wake boats on Vermont lakes out of concern for safety hazards and environmental damage caused by such boats on lakes and ponds below a certain size.
A public meeting is scheduled for Feb. 15 in Greensboro where staff from the DEC will share the draft rule, discuss the rationale behind it, and solicit feedback. This will be the final step in the pre-rulemaking process that has happened over the past 10 months. The process included two public meetings, receiving and reviewing over 300 written comments, and engaging in 10 meetings with affected recreational user groups and business associations, according to state officials.
In short, the draft rule would allow wake boats to operate on public waters under the following three conditions:
On lakes, ponds, and reservoirs with a minimum of 50 contiguous acres that are 500 feet from shore on all sides and 20 feet deep (eligibility rule).
Wake boats must be 500 feet from shore at all times while engaging in wake sports (operating rule).
A wake boat must stay in one lake per calendar year unless the boat is decontaminated by a DEC-approved entity (home lake rule).
Under this draft rule, wake sports would be allowed on 31 inland lakes in Vermont.
State officials said the draft rule is based on a review of legal precedent and Agency of Natural Resources authorities, requirements of the Use of Public Waters Rules (specifically the requirement to resolve use conflicts in the least restrictive manner possible), a review of wake boat regulations in other states, operational and safety considerations, and studies in the scientific literature about wake boat wave height, wave energy, and related impacts on shoreline erosion.
DEC will consider feedback provided during the Feb. 15 meeting, complete the draft rule, and then launch the formal rulemaking process that will involve an official public hearing and additional opportunity to provide written comments.
Learn more about the draft wake boat rule and sign up to provide feedback at the upcoming meeting, either virtually or in person. The original wake boat petition and supporting documents are available online on the DEC Lakes and Ponds Rulemaking page.