Town Board Meeting — Agenda packet

May ___, 2026 Lt. Bob Kneeland Local Government Recreation Administrator-Conservation Warden WI Department of Natural Resources 101 S. Webster St. Box 7921 Madison, WI 53707-7921 BY SIMULTANEOUS US MAIL AND EMAIL TO: robert.kneeland@wisconsin.gov Dear Lt. Kneeland: Subject—Proposed enhanced wake boating ordinance for lakes in the Town of Rome. Attached is a proposed enhanced wake boating ordinance for lakes within the Town of Rome, Adams County. We request DNR review pursuant to Wis Stats. 30.77(3)(d). We also attach a Condition Report for the ordinance. Please note: ● We understand that there is no requirement for a public hearing under Wis. Stats. 30.77(3)(aw), or any other statute. This is because we are proceeding under Wis. Stats. 30.77(3)(ac)(1) for lakes wholly within the Town of Rome. We look forward to receiving the DNR review letter regarding the proposed ordinance and the condition report. With appreciation, _____________________________ _____________________________ Town Clerk, Town of Rome 1 CONDITION REPORT TO SUPPORT AN ORDINANCE RESTRICTING ARTIFICIALLY ENHANCED WAKES IN THE WATERS OF THE TOWN OF ROME, ADAMS COUNTY Introduction Wisconsin’s inland lakes are among the state’s most critical natural resources and have incalculable aesthetic, environmental and economic value. In the interest of public health, safety, and welfare, including the public's interest in preserving natural resources, and protection of the environment and outdoor recreation it is important to protect lakes and their users from the very large wakes, downward prop wash and other negative impacts of artificially enhanced wakes. The Town of Rome (“Town”) has the authority to enact ordinances covering waters within its jurisdiction, if the ordinances are not contrary to or inconsistent with Chapter 30, Wis. Stats., and they relate to the equipment, use, or operation of boats or to any activity regulated by Wis. Stat. §§ 30.60 to 30.71 and 30.77 (3)(a). The Town has three flowage lakes that are located entirely within its borders: Lake Arrowhead, Lake Camelot, and Lake Sherwood (the “Tri-Lakes”). Almost all of the shoreline on the Tri-Lakes has been heavily developed for residential, commercial, or recreational use, providing significant economic value to the Town and Adams County. Each of the lakes has issues related to aquatic invasive species (“AIS”) and/or impaired water quality. The Tri-Lakes also experience considerable recreational use from a spectrum of water-related activities leading to conflicts between users. Due to the documented impacts of artificially enhanced wakes on these lakes, it is in interest of public health, safety, and welfare, as well as the preservation and protection of natural resources, the environment, and outdoor recreation, to enact an ordinance restricting artificially enhanced wakes in these three lakes. This Condition Report is submitted to the Department of Natural Resources (“DNR”) in accordance with Wis. Stat. § 30.77(3)(d), along with a draft of the proposed Ordinance No. 2026-__, Town of Rome, Adams County, Wisconsin, entitled “An Ordinance Creating Section 137-8, Restricting Certain Artificial Wake Enhancement, and Section 137-9, Penalties, of the Town of Rome Code of Ordinances” (the “Ordinance”). Purpose and Summary of the Ordinance The purpose of the Ordinance is to: 1) Protect public safety and all users of the lakes from impacts caused by the large waves and limited forward vision of boats employing devices, equipment, and operations that enhance wakes. 2 2) Prevent the environmental degradation caused by artificially enhanced wakes and downward propeller wash generated by boats equipped or operated to produce artificially enhanced wakes; 3) Prevent property damage and environmental degradation caused by artificially enhanced and uncontrolled wakes hitting privately owned and public shoreline, docks, shoreline structures and boats. 4) Prevent the transfer of aquatic invasive species through ballast water intake and discharge between lakes caused by the use of ballast tanks and ballast bags; 5) Prevent the environmental degradation caused by artificially enhanced wakes and downward propeller wash generated by boats for enhanced wake sports such as wake surfing prevent property damage from enhanced wakes hitting privately owned shoreline, docks, shoreline structures and boats; 6) Prevent activities utilizing enhanced wakes from endangering or driving off the lakes other water sports and water users; 7) Protect wildlife nesting and fish spawning sites; 8) Protect water quality and prevent enhanced algae blooms; and 9) Protect investments in projects supporting the improvement of water quality within the lakes; Specifically, the Ordinance would ban the use of ballast tanks, ballast bags, or fins to cause a boat to operate in a bow-high manner or which increase or enhance a boat's wake. It also would prohibit operating a boat in an artificially bow-high manner having the effect of increasing the boat’s wake; this would include prohibiting wake enhancement using ballast tanks, ballast bags, fins, or continuous operation at transition speed (the speed below planing speed in which a boat is operating in plowing mode). The Ordinance defines “continuous operation” to mean “operation that is not acceleration for the purpose of achieving a state of planning.” The Ordinance also provides that in no event would any of the following operations be deemed a violation of the Ordinance, provided such operations do not use ballast tanks, ballast bags or fins: 1) water skiing, 2) tubing, 3) wakeboarding using a tow rope, 4) brief transition operation to empty a boat of bilge water, or 5) brief transition operation of a boat accelerating into a planing condition. Moreover, nothing in the proposed Ordinance would preclude the use of wake boats, provided the ballast tanks and other features intended to create enhanced wakes or cause the boat to operate in a bow-up stern-down orientation are not deployed. These boats could continue to be used for 3 cruising, water skiing and other activities provided the ballast tanks and other wave- enhancing features are not deployed. Studies Related to Impacts of Enhanced Wakes Various studies and surveys (see Appendix 1) have been conducted that reveal the negative effects of enhanced wakes on inland lakes, including lakes similar to the Tri- Lakes. By increasing displacement of the boat and equipped with very powerful engines, wake boats impart very large quantities of energy in the form of unusually large waves. The energy of these waves increases with the square of their amplitude, such that a two-fold increase in wave height generates four times more energy and a three-fold increase in wave height generates nine times more energy.1 Most of this wave energy is conserved until it encounters shallow water, concentrating energy on all materials or objects present, including the shoreline, lake bottom, wildlife habitat, docks, moored boats, swim rafts and other lake recreators. When wake boats are operating in a bow-up stern- down manner, the propeller wash may scour the lake bottom to depths of more than 25 feet, destroying aquatic vegetation and fish spawning beds, and churning the sediment into the water column, degrading the water quality. Artificially enhanced wakes can cause irreversible damage to shorelines, lake beds, moored boats, and shoreline structures. Enhanced wakes and the associated propeller wash can uproot aquatic plants and resuspend the lake sediment. This churning action can increase phosphorus levels in the water column that lead to algae blooms. Any toxic substances that may be present in the sediment reenter the water column, degrading water quality and posing additional risks to aquatic wildlife and plants. The results of the studies reviewed by the Town suggest that negative effects on lake bottom and shorelines may largely be avoided if the lake size is more than 1,500 acres, the enhanced wake boating activity is at least 700 feet from the shoreline or other lake users, and the enhanced wake boating activity is in water depths greater than 25 feet. Some studies conclude that enhanced wakes should be done only in areas that are 600 feet from any shoreline and in water at least 20 feet deep. Negative impacts to other users can also be mitigated on larger lakes where users can maintain sufficient distance from boats creating artificially enhanced wakes as artificially enhanced wakes have been found to impact smaller boats 500 feet or more away. The Town is aware of studies provided by proponents of wake sports, and in some cases conducted or financed by the wakes sports industry, which suggest less stringent 1 Formulas for Boat Wakes, webpage http://boatwakes.homestead.com/files/form.htm 4 distances and depths. However, the Town has not found these studies to be persuasive in light of the studies and surveys referenced in Appendix 1. Local Conditions Necessitating the Ordinance In recent years, there has been an increase in boats equipped to generate artificially enhanced wakes on Wisconsin lakes, including the Tri-Lakes. More lake residents and recreators are expressing concern about the effects of enhanced wakes and downward prop wash on their environment and on public safety. The Wisconsin DNR’s Spring 2023 Survey and Spring 2024 Survey results indicate that both Adams County residents and those who recreate in Adams County are overwhelmingly in favor of legislation that would prohibit the operation of boats in a manner that creates artificially enhanced wakes.2 In 2023, the Town of Rome conducted a survey (“Rome Survey”) where 82% of the respondents agreed that an ordinance regarding wake manipulation devices should be enacted. (See Attachment “2023 Rome Wake Boat Survey”). The conditions that can minimize the impacts of artificially enhanced lakes are not generally present on the Tri-Lakes (see Appendix 2). The characteristics and conditions of the Tri-Lakes disfavor the allowance of equipment and operations that artificially enhance wakes. These characteristics are summarized as follows and explained in more detail below. • In most cases, the Tri-Lakes are less than 20 feet deep with the average depth at around 12 feet for each lake. • The lakes are irregular shaped and long and narrow, with the widest parts generally being closest to the dams creating the lakes. • Limiting equipment or operation of boats creating artificially enhanced wakes to portions of the lakes that are greater than 500 feet from shore or piers and docks and in locations with depths greater than 20 feet either do not exist on the lakes or would permit wake activity in only small circular patterns near each dam, which would put the dam structures in peril and be less safe for boaters. • Two of the three lakes are designated by the WIDNR as “Impaired.” The local Wis. Stat. 33 public inland protection and rehabilitation district, the Tri-Lakes Management District, has begun implementation of a pilot project to address some of the impairments. 2 Wisconsin DNR Spring Surveys, 2023 and 2024, https://dnr.wisconsin.gov/sites/default/files/topic/About/WCC/2023/SpringHearing/2023_CountyResults.pd f and https://dnr.wisconsin.gov/sites/default/files/topic/About/WCC/2024/SpringHearing/2024_StatewideResults ByCounty.pdf 5 • The Tri-Lakes are heavily developed and experience significant use for all types of water-related recreational activities. The shoreline properties and recreational uses suffer significant negative impacts, including personal and property damage and injury, from artificially enhanced wakes on the Tri-Lakes. Effect on shoreline and water quality. Maintaining water quality is in the best interest of all property owners and the public at large relative to the use of the lakes. Not only for recreational activities such as boating, skiing, and tubing, but also for fishing and swimming. Increased sedimentation which can reduce light penetration and inhibit primary production, abrade, and clog fish gills, and prevent feeding by sight feeders, will negatively alter fish populations. While shoreline erosion can be reversed with much cost and effort within years, changes to water quality by disturbance of the lake beds can be even more difficult to remedy. Disturbances of the lake bed can release nutrients such as phosphorus that took decades to accumulate. Once released and resuspended, it can take decades for a lake to return to its former status. Phosphorus is the limiting nutrient for enhanced growth of algae and its associated detrimental impacts, including killing fish and making the lake unsafe for swimming. Furthermore, without adequate protections, erosion and sedimentation will accelerate lake eutrophication with a negative impact on all who use these water resources. (See Appendix 1). The Tri-Lakes suffer from water quality issues, with two of the three officially listed as Impaired Waters by the DNR. (See Appendix 2). The impairments are due to low dissolved oxygen, eutrophication and poor water quality, with high phosphorus levels being identified as driving those impairments. This has led to an increase in algae blooms that, when decomposing, consume large amounts of dissolved oxygen. Sediment may also be an issue. In 2024, a SOD (sediment oxygen demand) study was done on the three lakes which confirmed that the lakes have a high demand for dissolved oxygen. Additionally, later that summer, suspicious blooms were tested and blue green algae was detected on the Tri-Lakes which impeded the ability to enjoy the use of the lakes until those blooms dissipated. The documented impact of enhanced wake activity jeopardizes phosphorous management efforts and, thereby, the health and safety of lake users as well as the wildlife that rely on the lake. In a groundbreaking test, the Tri-Lakes Management District, working with the WDNR, has committed several million dollars towards the purchase, installation and maintenance of 11 Nanobubble units to increase dissolved oxygen, mitigate nutrients and algae, reduce muck sedimentation, improve water clarity, reduce odors and enhance fish and aquatic habitat. The Tri-Lakes District is currently in discussion with the Wisconsin DNR to add up to an additional 28 units to help restore our three lakes, which will have the added benefit of enhancing downstream waterways as well. Citizens are very concerned that if this activity is not regulated that wake sports creating enhanced wakes will become more popular, too late to regulate and ultimately cause permanent damage the Town’s lakes. Common concerns heard from residents of the 6 Town of Rome include the long-term effects on the lakes from wake-surfing, especially related to damage to the lake bed, damage to fishery and increased sediment with phosphorus being stirred up by the downward prop wash. (See Attachment, Rome Survey). Ballast system threats to AIS spread. Ballast systems are impossible to empty completely, thereby increasing the risk of carrying aquatic invasive species (AIS) from one lake to another. Ballast tanks contain an average of 8 and up to nearly 23 gallons of residual water, according to a University of Wisconsin study. New and existing AIS can upset lake ecosystems, kill food sources needed for a healthy fish habitat, damage property and equipment, and impact the value of shoreline property and the safety of lake users. The Tri-Lakes already experience issues with AIS. Ballast tanks can result in the transfer of new AIS to the Tri-Lakes, or the transfer of existing AIS in the Tri-Lakes to other areas of the Tri-Lakes, to other water bodies in the Town, and to other water bodies outside of the Town. The Town has heard from lake residents who have expressed significant concerns about these existing conditions and possibilities. • All three lakes have zebra mussels, capable of spreading elsewhere through ballast water. The likelihood of transporting zebra mussel veligers through ballast systems is known to be high, with a 97% chance of a ballast tank containing at least 1 veliger and a 71% change of it containing 100 veligers, according to a University of Minnesota report, studying this on Minnesota lakes with zebra mussel infestations. • All three lakes have curly-leaf pondweed and Eurasian water milfoil (EWM). EWM reproduces via fragmentation, meaning a single stem fragment can take root and establish a new population. Wake boats in wake sport mode (bow-high, stern down) pose an added threat in uprooting and cutting the plant, encouraging it to spread or transferring it to other areas of the lake or other lakes within the Town through ballast water. o As example, the Tri-Lakes Management District has been proactive in its efforts to protect and preserve the three lakes and combat AIS. To this end, it typically spends approximately $335,000 annually weed harvesting. Lake residents are concerned that enhanced wake activity runs counter to the efforts and investments they are making in managing AIS. • Furthermore, lake residents are concerned boats using ballasts are a threat to introducing other AIS to the Tri-Lakes or other town lakes: o For example, none of the Town lakes have spiny water fleas, however, all three lakes are considered suitable for spiny water fleas. Studies have found that the spiny water flea has a dormant resting egg viable after years and capable of surviving long periods of time in residual ballast water. Spiny water fleas can upset the entire lake ecosystem and lead to murky water. 7 o Now, with the discovery of quagga mussels in Geneva Lake in 2024 (just less than three hours south of the Town’s lakes), lake residents have another devastating concern. Described as the “bigger, badder” cousin of the zebra mussel, quagga mussels appear less sensitive to water chemistry and there is no viable option for eradicating them once introduced to a lake, according to the DNR.3 • Currently, there also is no readily available way in Wisconsin to clean and decontaminate ballast systems, which require flushing with water heated to at least 120 degrees for several minutes.4 • Ballast tanks retain and transport a significant amount of water even when “empty.” For example, the MasterCraft owner’s manual instructs the owner to add 2 gallons of antifreeze to each ballast tank. Given that there are between 4 and 7 ballast tanks in each wake surf boat, this shows that considerable water is transferred as the wake surf boats move between lakes. The discharge of the antifreeze in the spring, presents an additional hazard if done so in the lake. (See Appendix 3) • The use of ballast and wake-enhancing fins, vanes, shapers, or other such devices puts the boat in a bow-up stern-down position. This may obstruct the driver’s view, increased safety risks for others on the lake: anglers, kayakers, paddleboarders, and swimmers. There have been various reports of close-call encounters between wake boats and other water sport enthusiasts. Impacts on property owners and lake recreators (see Appendix 4 and Attachment Rome Survey). The Town has received a number of comments from residents who complained about the impacts of artificially enhanced wakes, including but not limited to: o Damage to docks, piers, seawalls, and boats as well as moored boats breaking their ties due to enhanced wakes o Shoreline damage, severe erosion and high turbidity with clear lakes turning murky as sediment re-enters the water column o Fish and habitat damage, including significant amounts of weed floating on the water and washing up on shore 3'Deeply disturbing news.' Invasive quagga mussels documented in Geneva Lake; first finding in Wisconsin inland lake, Paul Smith, Milwaukee Journal Sentinel, https://www.jsonline.com/story/sports/outdoors/2024/08/27/quagga-mussels-found-in-geneva-lake-first- in-a-wisconsin-inland-lake/74964798007/ 4 Ballast Tank Decontamination, Pacific States Marine Fisheries Commission, https://www.youtube.com/watch?v=alTMHclwwZk 8 o Injury to other users of the lakes caused directly or indirectly by artificially enhanced wakes, including to skiers, fishermen, Lake users also report they are unable to use the Tri-Lakes out of concerns for safety, even where this is only one or two boats creating artificially enhanced wakes. These numerous complaints include but are not limited to: o Kayakers and paddlers not going out on lake when wake surfing activity is occurring o Boats towing skiers or tubers returning to their docks out of safety concerns o Anglers having to move to other areas of the lake to ensure they can safely fish; and often having to leave the lake entirely o Pontoon boats getting swamped or completely re-routing to avoid entire areas of the lake when a wake boat is generating enhanced wakes o Young children not being able to play in the shallows or go onto boats given the wave energy from a wake boat’s enhanced wakes How a Town Ordinance Would Solve the Above Issues for the Town of Rome Compliance with a Town ordinance prohibiting boats from generating artificially enhanced wakes would result in the following benefits for the Town: • The negative environmental impacts and property damage associated with boats generating artificially enhanced wakes, described above, would be prevented. • The safety risks associated with boats generating artificially enhanced wakes, noted above, would be eliminated. • Other lake recreators would not be driven off the lake due to the presence of artificially enhanced wakes. • The likelihood of ballast tanks used by these boats transferring aquatic invasive species from one lake to another would be reduced or eliminated. • Damage to shoreline, shore structure, and moored boats would be eliminated by prohibiting artificially enhanced wakes. • Negative impacts from artificial enhanced wakes to water quality and efforts to address water impairment would be eliminated. Upon adopting the proposed ordinance, appropriate signage would be placed at all public landings, in accordance with Wisconsin law. Based on the experiences of other Wisconsin municipalities that have adopted ordinances regulating the creation of enhanced wakes, such signage and general education regarding the ordinance will help 9 ensure compliance. Furthermore, the Town of Rome has a police force and two patrol boats to monitor compliance and issue citations. Possible Negative Effects of Adopting the Ordinance The Town has not identified any negative impacts to the public health, safety, and general welfare, or the preservation and protection of natural resources, the environment, and outdoor recreation not utilizing artificially enhanced wakes resulting from the adoption of the Ordinance. The Ordinance does not forbid the use of the boats, so ballasted boats can continue to be used for skiing, tubing, and tethered wakeboarding, provided that the boat is not operated using the wake-enhancing features or wake-enhancing methods of operation. The Town believes that the benefits from the Ordinance outweigh the impacts of prohibiting artificially enhanced wakes. The Town notes that Tri-Lakes are conveniently located near numerous other large water bodies, including Petenwell Flowage and Castle Rock Flowage, that permit wake surfing and are large and deep enough for it to be done without the negative impacts observed on the Tri-Lakes (provided the ballast tanks are always wholly emptied or sterilized between lakes). Public Engagement Before the Town The Town has supported public engagement and input prior to preparing this Condition Report. The following Town Board meetings have included an agenda item related to the regulation of artificially enhanced wakes: • Thursday, June 16, 2022 • Thursday, July 7, 2022 • Thursday, July 21, 2022 • Thursday, August 18, 2022 • Thursday, September 1, 2022 • Thursday, December 15, 2022 • Thursday, January 5, 2023 • Thursday, January 19, 2023 • Thursday, February 2, 2023 • Thursday, February 16, 2023 • Thursday, May 18, 2023 • Thursday, June 15, 2023 • Thursday, August 17, 2023 • Thursday, October 19, 2023 • Thursday, December 7, 2023 • Wednesday, December 20, 2023 • Thursday, January 4, 2024 • Wednesday, January 17, 2024 10 • Thursday, March 7, 2024 • Thursday, March 21, 2024 • Thursday, April 4, 2024 • Thursday, May 2, 2024 • Thursday, June 20, 2024 • Thursday, October 3, 2024 • Thursday, October 10, 2024 • Thursday, January 16, 2025 • Thursday, February 6, 2025 • Thursday, February 20, 2025 • Thursday, May 1, 2025 • Thursday, June 19, 2025 • Thursday, August 7, 2025 • Saturday meeting, August 23, 2025, at 10:00, with The Last Wilderness Alliance • Thursday, September 4, 2025 • Thursday, September 18, 2025 • Saturday meeting, September 20, 2025, at 10:00, for the Rome Watersports Club • Thursday, October 2, 2025 • Thursday, November 20, 2025 • Thursday, January 15, 2026 • Thursday, February 19, 2026 • Thursday, March 5, 2026 • Thursday, March 19, 2026 • Thursday, April 2, 2026 • Thursday, April 16, 2026 The Town has also solicited public comments and feedback related to the potential regulation of artificially enhanced wakes. In addition to Appendix 4 and the Rome Survey, the Town has received the following public comments: • May 12, 2025, Letter to Town Chairman from Gayle Casey • May 12, 2025, Letter to Town Chairman from Randy Richter • May 14, 2025, letter to Town Board from Dan Karls • June 19, 2025, Letter to Town Chairman from Julie Reynolds • August 6, 2025, letter from Attorney Anders B. Helquist, on behalf of the Rome Watersports Club, Inc., to Town Attorney • September 22, 2025, letter from Attorney Anders B. Helquist, on behalf of the Rome Watersports Club, Inc., to Town Clerk • August 24, 2025, letter to Town Board from Jeff Lauer • September 23, 2025, Letter to Town Chairman from Melanie Tiedt • September 24, 2026, Letter to Town Chairman from Nicholas Tomsyck • October 9, 2025, letter to Town Chairman from Don Ystad • January 15, 2026, letter to Town Board from Alissa O’Brien, Weld Riley 11 • February 13, 2026, letter to Town Board from Curt Johnson • March 20, 2026, Letter to Town Chairman, Dan Karls Summary of and Responses to the Arguments of Those Opposed to the Ordinance The Town is aware that certain individuals and organizations are opposed to the Ordinance and, in some cases, any regulation of artificially enhanced wakes. Opponents have proposed alternatives to the Ordinance, including restricting wake surfing hours, setbacks of 200 feet (without any depth requirement), designated routes near the middle of the lakes, and exemptions from prohibitions related to ballast water for riparian owners who dock their boats. Opponents have suggested that self- enforcement without an Ordinance may be sufficient. Opponents also suggest that regulation of artificially enhanced wakes will lead to bans on uses. As set out in earlier sections of this Condition Report, the Town has found that the proposed alternatives do not sufficiently address the impacts of artificially enhanced wakes on Tri-Lakes. Self-enforcement has not proven to be effective, as there remain significant concerns among Town residents and lake users over the demonstrated impacts of artificially enhanced wakes on the Tri-Lakes. The Town also is not proposing regulation beyond what is set out in the Ordinance, making any hypotheticals unpersuasive. Opponents claim that any regulation of enhanced wakes would be a violation of the Public Trust Doctrine. The Town notes that this issue has been addressed by the Wisconsin Legislative Council (the nonpartisan state agency charged with responsibility for providing legal advice to the Legislature). The Wisconsin Legislative Council issued a Dec 6, 2023 legal memo concluding that any challenge under the public trust doctrine would be unlikely to succeed. Other opponents claim that existing state laws are enough. As artificially enhanced wakes have resulted in the documented issues on Tri-Lakes even in light of existing state laws, the Town is not persuaded by this argument. The Town finds that existing state laws are insufficient to protect the public health, safety, and welfare on the Tri- Lakes from the impacts of artificially enhanced wakes. • Wis. Admin. Code § NR 19.055 requires all boats that take in water from a lake to drain that water before leaving the boat launch, and NR 40 makes it illegal to possess, transport, transfer or introduce certain invasive species. Some opponents to regulation claim that ballast tanks of wake surf boats are no more likely to transfer invasives than live wells and bait buckets. But live wells and bait buckets can be fully emptied and are easily inspected. As set out above, ballast tanks cannot be fully emptied and cannot be inspected, as they are sealed within the hull of the boat. 12 • Wis. Stats. § 30.66(3)(a) requires slow no-wake for all motorboats within 100 feet of any shoreline, dock, pier or buoyed restricted area and Wis. Stat. § 30.68(4)(a) prohibits the operation of a boat so as to “approach or pass” another boat in a manner which creates a hazardous wake or wash. While slow no-wake restrictions may provide some benefits from regular wakes, as set out above, this distance is insufficient for boats creating artificially enhanced wakes. Boats creating artificially enhanced wakes can make waves 20 inches high a full 100 feet from the track of the boat and 13 inches high a full 300 feet from the boat. These impacts have been detailed in at least one wake boat industry study.5 • Wis. Stats. § 30.68(4)(b) provides an apparent remedy for injury to people and damage to property (e.g., docks and shoreline), but this requires a civil lawsuit against a specific actor. The impacts from artificially enhanced wakes on Tri- Lakes may occur when an owner is unable to identify, or not present to identify, what artificially enhanced wake caused the damage. This individual remedy is insufficient to protect the Town’s interests, and the public health, safety, and welfare, related to the impacts of artificially enhanced wakes. • The Town also finds that these laws do not address the impacts of artificially enhanced wakes to the shorelines, lakebeds, and water quality on Tri-Lakes. Conclusion After reviewing science-based studies, the characteristics of the Tri-Lakes, the experiences of lake users, and public input, the Town of Rome concludes that the proposed Ordinance is necessary to protect the public health, safety, and welfare, and the public’s interest in preserving the state’s natural resources, on the Tri-Lakes. The Town respectfully submits the Ordinance and this Condition Report to the DNR for its advisory review. 5 Water Sports Industry Association, “Characterization of Wake-Sport Wakes,” Nov. 2015, https://www.wsia.net/wp-content/uploads/2020/03/WSIA_draft_report_Rev_II.pdf 13 Appendix 1 Relevant Research Studies and Surveys Several studies contributing to the facts in this condition report were completed a few years ago. Since that time, boats generating enhanced wakes have gotten more powerful, added more ballast, and are capable of generating bigger wakes and more powerful downward prop wash. Therefore, the figures cited in this report are likely conservative. More studies are underway and in review. Ballast tank water retention and invasive species: “Volume and contents of residual water in recreational watercraft ballast systems,” Management of Biological Invasions (2016) Volume 7, Issue 3: 281-286, first published online 04/18/2016, https://www.reabic.net/journals/mbi/2016/3/MBI_2016_Campbell_etal.pdf and “Occurrence and Survival of Zebra Mussel (Dreissena polymorpha) Veliger Larvae in Residual Water Transported by Recreational Watercraft,” University of Minnesota thesis, Adam Doll, Dec. 2018, https://conservancy.umn.edu/handle/11299/202094. Wave height, power, and energy: “A field study of maximum wave height, total wave energy, and maximum wave power produced by four recreational boats on a freshwater lake,” St. Anthony Falls Laboratory, College of Science & Engineering, University of Minnesota, SAFL Project Report No. 600, 02/02/2022, https://conservancy.umn.edu/handle/11299/226190. Wave energy, propeller downwash and sediment disturbance: “Lake Waramaug Wave Impact Study Final Report,” Prepared for the Lake Waramaug Inter-Local Commission, Terra Vigilis Environmental Services Group, 11/15/2024, https://www.warrenct.gov/sites/g/files/vyhlif3991/f/uploads/lake_waramaug_final_report. pdf. Wave size, power, and turbidity: “A phased study of the water quality and wave propagation dynamics currently impacting a small southeast Wisconsin freshwater lake: Waukesha,” Terra Vigilis Group, as contained in Responsible Wakes for Vermont Lakes (see pp 16-37 of linked presentation where study is embedded), https://dec.vermont.gov/sites/dec/files/wsm/lakes/docs/Additional%20supporting%20Inf ormation%20submitted%2007292022.pdf. Public support for restricting enhanced wakes to lakes greater than 1500 acres and 700 feet from shore, Adams County: “2023 Spring Hearing Statewide Results by County,” Wisconsin Conservation Congress and Department of Natural Resources, 4/20/23, https://dnr.wisconsin.gov/sites/default/files/topic/About/WCC/2023/SpringHearing/2023_ CountyResults.pdf 14 Public support for restricting enhanced wakes to lakes greater than 1,500 acres, 700+ feet from shore, 20+ feet of depth; and prohibiting use of ballast systems on Wisconsin lakes and rivers, Adams County: “2024 Spring Hearing and Statewide Results by County,” Wisconsin Conservation Congress and Department of Natural Resources, 4/26/2024, https://dnr.wisconsin.gov/sites/default/files/topic/About/WCC/2024/SpringHearing/2024_ StatewideResultsByCounty.pdf. Extensive review of literature: Wisconsin’s GreenFire – “The Effect of Wake Boats on Lake Ecosystem Health,” May 2024, https://wigreenfire.org/2019/wp- content/uploads/2024/05/WakeBoatsLakeEcosystemHealth_WGF-May2024_Final.pdf. The Industry’s own study showing that a surf boat operating in 20’ water depths makes a wave 20” high at 100’ from the boat, 16” high at 200’ from the boat and a wave 13” high a full 300’ from the boat – “Characterization of Wake-Sport Wakes and their Potential impact on Shorelines,” November 2015, commissioned and paid for by the Water Sports Industry Association, https://www.wsia.net/wp- content/uploads/2020/03/WSIA_draft_report_Rev_II.pdf. The St. Anthony Falls Laboratory - A Field Study of Recreational Powerboat Hydrodynamics and Their Impacts on the Water Column and Lakebed - August, 2025, https://drive.google.com/file/d/1ZjgWP4GdaK1GKzoYUYgPkswD6xwAa- 4d/view?usp=sharing 15 Appendix 2 Lake Descriptions The Town of Rome, Adams County, has wholly within its boundaries three named lakes exceeding 50 acres in size: Lakes Arrowhead, Camelot, and Sherwood. (See Wisconsin DNR’s Find A Lake, available at https://apps.dnr.wi.gov/lakes/lakepages/) Lake Name Surface Area (acres) Max. Depth (ft) Mean Depth (ft) (where known) Shoreline Public Boat Landings WBIC (WDNR Water Body Index Code) Comments Arrowhead 295 25.2 17 6.9 miles 1 1377700 15.5 acres = 5.2% is over 20’ in depth. Drainage, flowage, Eutrophic, CLP , HWM, Zebra mussels, Mystery snails present – Designated IMPAIRED WATERS Camelot 445 24 9 18 1 1378100 12 acres = 3% is over 20’ in depth. Average width is 590’. Drainage, flowage, Eutrophic, CLP , HWM, Zebra mussels, Mystery snails present Sherwood 216 27 10 8.1 1 1377900 17 acres = 8% is over 20’ in depth. Average width is 650’. Drainage, flowage, Eutrophic, CLP , HWM, Zebra mussels, Mystery snails present. Designated IMPAIRED WATERS 16 Appendix 3 From Mastercraft Wake Boat Manual6 Ballast tanks, pumps, hoses and fittings must be properly winterized to prevent freezing damage during winter storage. Because of the complexity of preparing a ballast system for winter storage, as well as the possibility of extreme damage to the ballast system if a preparation error is made, MasterCraft recommends scheduling an appointment with an authorized dealer’s service department to have a certified technician to perform all winterization procedures, including ballast winterization. MasterCraft uses a -50 F RV type, nontoxic, propylene glycol-based antifreeze to winterize every boat built at the factory. Any antifreeze meeting these requirements is acceptable for MasterCraft engine, ballast, and freshwater system winterization. Be aware that colder climates may require antifreeze with a -100 F temperature rating. Winterization Process 1. Completely empty all ballast tanks and bags of any water that may be in the ballast system. 2. With all bags still hooked up to the system, identify the ballast thru-hull vents (see guide to each model in this Owner’s Manual). 3. Add two gallons of -50 F RV type nontoxic propylene glycol-based antifreeze to each of the thru-hull vents. Colder climates may require antifreeze with a -100 F temperature rating. (A boat with 4 ballast tanks will require 8 gallons of antifreeze) 4. Once the antifreeze is in all ballast zones, use the manual ballast switches in the helm area to drain the antifreeze through the system. This will push antifreeze through the ballast system, across all pumps, hoses, fittings and intake valves. 5. Be cautious while using the ballast switches as antifreeze will be pumped out of the intakes mounted to the bottom of the boat. Once antifreeze begins to pump out of the boat through the 4 ballast intakes (three aft, one forward), turn the pumps off. 6 https://mastercraft-wake.com/knowledge-center/ballast-system- winterization/#:~:text=Ballast%20tanks%2C%20pumps%2C%20hoses%20and,bags%20in%20a%20dry %20place. 17 Appendix 4 Citizen Comments 1) Personal Safety, we have had a few cases of personal injury and near injury due to the large wake affecting other boaters, swimmers and others. One report was a fractured leg when a wave hit the boat broadside and knocked the occupant from her seat. We’ve also heard from others who have had their children hit with waves on the shore knocking them over. We’ve heard from people whose pets were pulled under or knocked off boats and piers. This activity has caused several pontoon boats to have their entire decks washed over with wakes that they have encountered. We have paddle boards and kayaks using our waters and the distance in some cases is relatively small when a wake boat reaches the end of a lake and must turn around. We have reports of kayaks overturned as well as paddleboards getting swamped and becoming unstable. 2) Property Damage, several reports have been made concerning damage caused by large wakes rocking and causing boats to hit piers, boat lifts and other boats. Sheet metal is bent in from a wave from a wake boat. Took wave slightly above idle at 45 degree angle. Oversize pontoons so not low to the waterline. Another report of a boat owner working on his uncovered engine when a wave crashed over the engine getting water in the engine compartment. 3) Shoreline erosion, as noted in the studies, the wave action from a wake induced boat requires a substantial increase in distance to become benign and non-threatening. All 3 lakes are narrow bodies of water that are very poor candidates for the constant pounding of water on the shorelines and a Town police officer witnessed a wave from a wake boat continue to shore and erode a 10’ length of shoreline when it hit. This picture is an example of erosion on Lake Camelot, although we cannot confirm it’s the source that caused the erosion. 18 4) Lake Bottom Scouring: as explained above, we have sediment in our lakes containing several nutrients and chemicals that are unleashed through scouring that will induce additional plant life, algae blooms and cause additional harm to our aquatic life. We have already observed a reduction in reproduction of various species of fish and reduced habitat for nesting. 5) Several different invasive species have been introduced to our lakes and the inability of a wake boat to fully empty their bladders will surely allow for the introduction of more destructive invasive species. The relative size of our 3 lakes and the fact that the width of each is quite narrow, it is reasonable to request that wake boats or any other boats equipped as such, are not allowed to use their ballast, wake manipulation devices and must be on plane within a reasonable distance to avoid the waves created by their slow speed, hull design and any manipulation of the waves. We would also suggest that the form of riding a wave without a tow rope not be allowed. “Wake boats scour bottom sediments harming plant life and spawning grounds, stir up sediments creating murkier water and reintroducing phosphorous and other nutrients into the water promoting algal blooms, the waves erode shorelines, impact anglers and kay akers and pontoon boats, and on and on. Rather than continue with all the reasons why wake boat activities should be banned from all but our very largest and deepest lakes”. ORDINANCE NO. 2026- ___ TOWN OF ROME, ADAMS COUNTY, WISCONSIN AN ORDINANCE CREATING SECTION 137-8, RESTRICTING CERTAIN ARTIFICIAL WAKE ENHANCEMENT, AND SECTION 137-9, PENALTIES, OF THE TOWN OF ROME CODE OF ORDINANCES WHEREAS, in the interest of public health, safety, and welfare, including the public's interest in preserving natural resources, the Town of Rome (“Town”) has the authority to enact ordinances covering waters with in its jurisdiction if the ordinances are not contrary to or inconsistent with Chapter 30, Wis. Stats., and they relate to the equipment, use, or operation of boats or to any activity regulated by Sections. 30.60 to 30.71, Wis. Stats.; and WHEREAS, Lake Arrowhead, Lake Camelot, and Lake Sherwood exist wholly within the Town; and WHEREAS, artificially enhanced wakes can cause environmental damage to lakes and lakeshore, including resuspension of sediment adding nutrients to the water and increased risk of algal blooms, turbidity, shoreline erosion, and threats to aquatic life and waterfowl; and WHEREAS, boats with ballast systems increase the likelihood of aquatic invasive species being introduced and spread on lakes; and WHEREAS, artificially enhanced wakes can damage shoreline, lake bottom, moored boats, and shoreline structures including docks; and WHEREAS, operating boats in a stern down manner creates downward prop wash, disturbing the lake bottom far below the wave zone, 25 feet and more below the surface; and WHEREAS, artificially enhanced wakes can endanger swimmers, anglers, and other watercraft; and WHEREAS, the use of ballast and wake enhancing fins can cause unsafe operation by causing the bow to rise obscuring vision forward; and WHEREAS, the Town submitted a draft of this ordinance to the Wisconsin DNR for advisory review at least 60 days prior to passage, pursuant to 30.77(3)(d), Wis. Stats.; and WHEREAS, the Town Board, after considering public comments and any DNR suggestions, determines that adopting this Ordinance is consistent with all other ordinances of the Town and would promote the public health, safety and welfare, including the public's interest in preserving natural resources; and WHEREAS, Article I of Chapter 137 of the Town of Rome Code of Ordinances provides for Town regulations related to Water Traffic, Boating, and Water Sports on the waters of Lake Sherwood, Lake Camelot, and Lake Arrowhead; NOW, THEREFORE, the Board of Supervisors of the Town of Rome, Adams County, Wisconsin, does hereby ordain as follows: SECTION 1: Section No. 137-8 of the Code of Ordinances of the Town of Rome, is hereby created to provide as follows: § 137-8 Certain artificial wake enhancement prohibited A. No person may use or employ ballast tanks, ballast bags, or fins to cause a boat to operate in a bow-high manner, or which increases or enhances a boat's wake. B. No person may operate a boat in an artificially bow -high manner having the effect of increasing the boat's wake. Such prohibited operation includes wake enhancement by use of ballast tanks, ballast bags, or fins, or continuous operation at transition speed (the speed below planing speed in which a boat is operating in plowing mode) and similar methods. For the purpose of this paragraph, “continuous operation” means “operation that is not acceleration for the purpose of achieving a state of planing.” C. In no event shall any of the following operations be deemed a violation of this section, provided such operations do not use or employ ballast tanks, ballast bags or wake enhancing fins: i) water skiing, ii) tubing, iii) wake boarding employing a tow rope; iv) brief transition operation to empty a boat of bilge water, or v) brief transition operation of a boat accelerating into a planing condition. SECTION 2: Section No. 137-9 of the Code of Ordinances of the Town of Rome, is hereby created to provide as follows: § 137-9 Penalties A. Wisconsin state boating penalties as found in s. 30.80, Wis. Stats., and deposits established in the Uniform Deposit and Bail Schedule established by the Wisconsin Judicial Conferences, are hereby adopted by reference, except all references to fines are amended to forfeitures and all references to imprisonment are deleted. B. To the extent that the penalty for any violation of this article is not provided under Wisconsin state boating penalties as found in s. 30.80, Wis. Stats., any person violating this article shall forfeit $500 for the first offense and s hall forfeit $1000 for the second and subsequent offenses within one year. Deposits established in the WISCONSIN CIRCUIT COURT FEE, FORFEITURE, FINE AND SURCHARGE TABLES shall also apply to any violation. SECTION 3: Severability. If any provision of this Ordinance is invalid or unconstitutional, or if the application of this Ordinance to any person or circumstances is found invalid or unconstitutional by a Court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the provisions or application of this Ordinance which can be given effect without the invalid or unconstitutional provision or application. SECTION 4: Effective Date. This Ordinance shall take effect and be in full force and effect from and after its passage and publication or posting as required by law. Adopted this ____ day of ________________, 2026 TOWN OF ROME By ________________________________ Carl Hasdal, Town Chair ATTEST: Wendy Newson, Clerk Adopted: Published: