State seeks public input on new wake boat rules

June 24, 2022 | By Lisa Scagliotti 

UPDATE: This post was updated with information on Waterbury Reservoir on July 1.

The Vermont Department of Environmental Conservation is asking the public for feedback on new regulations on how wake boats are operated in public lakes and ponds in Vermont. 

There are no rules that apply specifically to wake boats or their use in wakesurfing and wakeboarding in Vermont. State of Vermont photo

A wake boat is a motorboat, powerboat, or speedboat that is used to create a wake for activities like wake surfing or wake boarding.  

The state will hold two public meetings – June 29 and July 7 –  both in person and online to gather input as part of a process outlined when the state receives a request to change a rule. 

In this case, the state has in place the Vermont Use of Public Waters Rules to govern how Vermonters and visitors “use and enjoy public lakes and ponds in a reasonable manner,” said John Beling, interim commissioner of the state Department of Environmental Conservation. “The rules consider the best interests of current and future generations and ensure the natural resource values of the public waters are fully protected.” 

When a use conflict arises, the public can petition the state to make a rule to address that conflict. On March 9, the state received a petition from a group called the Responsible Wakes for Vermont Lakes. It is signed by 35 individuals who note affiliations with lakes from around Vermont including Joe’s Pond, Lake Iroquois, Lake Fairlee and Woodbury Lake.  

The petition and its proposed rule outlines new steps to manage and regulate the operation of wake boats and their use in the activities of wake surfing and wakeboarding on Vermont lakes and ponds.  

There are no current rules that apply specifically to wake boats or their use in wakesurfing and wakeboarding in Vermont. Current regulations prohibit operating a vessel at greater than “no wake speed” within 200 feet of the shoreline and other lake users and objects. 

The proposal would add to the current statute to create “wake boat zones'' in water bodies that meet a number of criteria including: the distance from shore is greater than 1,000 feet; the water is deeper than 20 feet; and that the area of the water body overall is larger than 60 contiguous acres. Wake boats would be prohibited on any water bodies not satisfying these criteria.

The proposal would not apply to using a wakeboard behind a conventional vessel not modified with wake-enhancing equipment. 

Impact on Waterbury Reservoir? 

None of the petitioners are from Waterbury nor do any list the Waterbury Reservoir as the water body they are most interested in. It’s unclear how the proposed new rule would affect the reservoir. 

Oliver Pierson is the Lakes and Ponds Program Manager for the state. When asked whether the proposal would apply to the Waterbury Reservoir, he said it likely would mean wake boats would be prohibited based on the reservoir’s size and shape. 

“I haven’t done a specific analysis for Waterbury Reservoir of this proposed rule, as it may or may not be the subject of rulemaking, but it is likely that, given the reservoir’s shape, that Waterbury Reservoir doesn’t have 60 contiguous acres that are 1,000 feet from shore and 20 feet deep,” he said in an email to Waterbury Roundabout. “If the proposed rule was enacted as-is, I think that wake boats would be prohibited on Waterbury Reservoir, but not other types of motorboats (i.e. a regular boat with an outboard or inboard motor – see the petition for a definition of a wakeboat / wakesports).”

Pierson stressed that it’s too early to know whether the Agency of Natural Resources will initiate formal rulemaking in response to this petition, and if so, what the rule will be. “We could change the rule that the petitioners proposed to something that we think is better supported by statute / science,” he said. 

Should the rule-making process move forward, he said, calculations would be done to determine where and how a new rule would be applied. 

“If we initiate rulemaking, we will know what water bodies are impacted by whatever rule we propose to move forward with,” he said. 

The petition and detailed proposal with its rationale can be viewed online here. 

Beling said that public feedback is an important part of the petition review process. Interested individuals are invited to join the public meetings to learn about the petition review process and the petition, and to submit comments.

“The DEC will review and use public comments to inform the decision on whether to initiate rulemaking,” Beling said.  

The first public meeting will be held June 29, from 5:30-7:30 p.m. Richmond Free Library and online via Microsoft Teams. The second public meeting is scheduled for 5:30-7:30 pm on July 7 at the Manchester Community Library and online via Microsoft Teams.   

To learn more about the meetings and the rulemaking process, go to the state’s rulemaking webpage.