Wake boat ordinance stirs debate

Mar. 21—TRAVERSE CITY — A new proposal to regulate the use of "wake boats" on Silver Lake — and possibly other lakes in the area — is making waves.

Talk about the recreational watercraft that uses specialized equipment and hull features to create large waves that people can "surf" on with or without a tow rope dominated Wednesday's meeting of the Grand Traverse County board of commissioners.

Depending on the model, they can create waves up to 17 times more powerful than typical powerboats with downthrust (downward prop wash) that can drive energy into the lake bottom, particularly in less than 15-20 feet of water.

That can severely damage lake ecosystems by disrupting native plants, stirring up sediment, eroding shorelines, destroying fish habitat and spreading invasive plant species like Eurasian watermilfoil, according to 2023 report by DNR's Fisheries Division.

Some local residents and township officials want action to limit that damage on inland lakes.

Tim Brock of the Silver Lake Improvement Association presented his case to the county board Wednesday morning using text, maps and a six-minute video on the topic.

"Silver Lake is a multi-use lake and we want to preserve it for everyone," he said. "We seek an ordinance that will regulate wake boating and minimize its deleterious effects."

More specifically, the 160-member association wants to limit wake boating to an oval area on the northern end of the lake that is at least 500 feet from the shore and at least 15 feet deep. The citizen group also wants to require wake boats to drain their ballast properly before entering the lake itself to prevent the introduction of harmful, invasive species.

Those restrictions, based on DNR recommendations, could be a model for a county-wide ordinance, Brock said.

Unlike many types of speed boats, wake boats are designed to take on 1,000-3,000 pounds of ballast water to make the hull sit lower in the water and thus create a bigger wave. Other equipment, such as a specialized "wake plate" attached to the stern, are often used help maximize the size of the wake.

Wake boats were first introduced in the late 1980s but didn't become widely available until this century, according to a study by Germaine Marine. Prices for a new wake boat range from about $70,000 to $300,000 depending on size and features.

"They are fun to use but terribly inefficient," said Garfield Township Supervisor Chuck Korn. "Besides the erosion issue, [wake boats] can spread milfoil infestation. When [props] cut milfoil into smaller pieces, it doesn't die — it just grows back."

Homeowners around Silver Lake belong to a "special assessment district" that collects money for various lake maintenance purposes, including twice-yearly herbicide treatments to control the spread of milfoil.

However those treatments aren't always effective, according to the MSU Extension service, especially as one species of milfoil interbreeds with a resistant type.

The destruction of normal fish habitat is another concern, Brock said. The short video he presented at the county board meeting showed before-and-after images of lake bottom destruction caused by wake boats traversing shallow water areas.

"Well, that's compelling," said county board Chair Rob Hentschel in reaction to the video.

In response, Hentschel raised the question of jurisdiction: Does the county have the legal authority to regulate activities on an inland lake, or is that the sole jurisdiction of the state agencies?

Currently, Michigan lakes and streams are regulated by the state under the 1994 "Natural Resources and Environmental Protection Act." That law oversees activities such as dredging, canals, marinas and structures that affect water flow.

However, the law doesn't seem to apply to ordinances that regulate boating activity, per se. Hentschel also asked how many lakes in the county would be affected by such an ordinance.

"There are a total of 19 lakes in Grand Traverse County, not including the parts of Elk Lake and Lake Skegemog that are in our boundaries," Brock replied. "Of those 19, about four or five of them would be impacted by the [proposed] ordinance. Many of the other ones are too shallow for wake boating."

Meanwhile in Lansing, House Bill 5532 is under consideration that would regulate wake boats, among other provisions. It would prohibit boats operating in "wake sport mode" in less than 20 feet of water or less than 500 feet from a shoreline, dock, raft, bathing area or a vessel moored or at anchor.

If passed, the proposed law would authorize fines of $100 to $500, depending on the violation.

Brock said he supports the draft bill but is doubtful it will make it through the full legislative process into law because "most proposed bills don't make it past committee and die by the end of the [calendar] year."

Commissioner Darryl Nelson suggested that board members contact their state representatives about the proposed bill.

Enforcement vs. education is one of the biggest unanswered questions.

Jim Stanley of Action Water Sports, which sells wake boats, said education and voluntary cooperation are a better solution than legislation.

"I'm here to publicly dispute what SLIA is saying. Frankly, we want to work with [lake associations]" instead of creating a mandatory ordinance.

Jeff Heydlauff, who leads the SLIA safety committee, agreed that education is a better solution than enforcement.

"State legislation isn't the proper way to address this issue," he said. "SLIA isn't the governing body of Silver Lake. We need to keep in mind what others and taxpayers have to say."

For his part, Korn said educating wake boaters isn't enough to fix the problem in places like Silver Lake and Long Lake. "A lot of boat owners are responsible, but some are irresponsible — education goes in one year and out of the other. That's why I support an ordinance."

"We have a responsibility to protect the natural environment that's present," he added. "There's also an economic benefit to having out beautiful lakes. It's the reason a lot of people come here to live or to visit."

Township officials and stakeholders met in early March to discuss how such an ordinance might be enforced by Sheriff's Office Marine & Recreational Vehicle Division. They agreed that giving a warning would be a better first step than issuing a ticket, but that repeat offenders could be subject to fines if they didn't cooperate.

In contrast, board Vice Chair Brad Jewett said that new boating rules and regulations may not be the best solution.

In the end, board chair Hentschel said no action can be taken by the county commission until other townships and the Sheriff's Department have the chance to discuss the proposed ordinance in depth. He also asked the county attorney to investigate the legality of the proposal in light of existing state law.

The next regular meeting of the Grand Traverse County Board of Commissioners is scheduled for Wednesday, April 3, at 9 a.m. in the Governmental Center, 400 Boardman Ave.