Boating Ordinance Ad Hoc Committee — Agenda packet

BOAHC Meeting Deck 17 December 2024 5:00 PM via Zoom Agenda • Housekeeping items (5 min) – Michelle Keil • Scheduling Future Meetings (~15 min) - Committee - Public Input/Listening Session (January) - Additional Committee Meetings (January) - Information Meeting (February) • Sub-Team Updates for Key Topics/Issues/Questions (~100 min) – Committee - Progress report or, if ready, propose recommendation(s) • Adjourn Join Zoom Meeting https://us02web.zoom.us/j/83151102119?pwd=yzKWMXZDZW42bKnd7aDkFOhq25jKmv.1 Meeting ID: 831 5110 2119 Passcode: 408690 Dedicated BOAHC committee email address: (BOAHC2024@gmail.com) Orient/Level Set (Mtg 1/August) Organize (Mtg 1-2/Aug-Sept) Gather Data & Info (Aug – Dec) Analyze & Assemble (Nov –Jan) Present Key Findings (Jan – Feb) ✓ Project purpose & goals ✓ Review stakeholder groups • Continue ID data & info needed • Analyze data/info • Prepare to present findings to the Town ✓ Scope & boundaries ✓ Review key questions/issue • Continue ID data/info sources available • Assemble comprehensive overview • Stakeholder Communications Plan? ✓ Team introductions ✓ Prioritize questions/issue • Teams gather data/info • ID any remaining gaps • Present findings to Town (early Feb) ✓ Communicatio ns & Housekeeping ✓ Assign teams to address each question/issue • Analyze data/info • ID potential revisions to Ordinance ✓ Review high- level “Roadmap” ✓ ID initial set of data/info sources REVISED: High-Level Boating Ordinance Committee Roadmap Scheduling Future Meetings Information presented by the Boating Ordinance Ad-Hoc Committee is intended for the purpose of education and to stimulate discussion. The information is part of an iterative process and should not be construed as a recommendation or position statement of the Committee. Existing meetings – ▪ BOAHC meetings: Jan 21 and Feb 18, 2025 New meetings – ▪ Public Input/Listening Session – Proposed: Tuesday, Jan 14, 6:00-7:30 ▪ Additional Committee Meetings (January) ▪ Informational Meeting (February) Town Board mtgs – ▪ Wed, Jan 8 ▪ Wed, Feb 12 Environmental Impacts Michelle Information presented by the Boating Ordinance Ad-Hoc Committee is intended for the purpose of education and to stimulate discussion. The information is part of an iterative process and should not be construed as a recommendation or position statement of the Committee. Information presented by the Boating Ordinance Ad-Hoc Committee is intended for the purpose of education and to stimulate discussion. The information is part of an iterative process and should not be construed as a recommendation or position statement of the Committee. What Is Special Here > Loons > Population In Decline Loons depend on undisturbed islands/lakeshores with native vegetation for nesting • Nest at the water’s edge. • Young chicks are vulnerable to wind and wave action, so a sheltered nursery means one protected from wind and waves • Lakes with…peninsulas, protected coves, and islands can often support more than one pair of nesting loons. • Disturbance during critical times…can lead to abandonment of nests/lakes. • Vulnerable to harassment/recreational use near nests and nursery areas • PWCs present a threat – blunt trauma from collisions and proximity to shorelines at high speeds • “Disturbance by human intrusion is…difficult to quantitatively measure because loons can acclimate to some changes.” “…at least 14 studies [that link] increasing rates of recreational use and development with decreasing loon productivity and presence while 12 other studies demonstrate the loon’s ability to [adapt] to offset changes. Information presented by the Boating Ordinance Ad-Hoc Committee is intended for the purpose of education and to stimulate discussion. The information is part of an iterative process and should not be construed as a recommendation or position statement of the Committee. Environmental Impacts: Quiet Lakes Example/Loons Territories and nursery areas of Loon breeding pairs • Overall, breeding pairs fledged more young when the breeding male had many years of experience on the territory and the breeding female had been on territory for at least 1 year and was of moderate age. Environmental Impacts: Spider Lake Chain Example Information presented by the Boating Ordinance Ad-Hoc Committee is intended for the purpose of education and to stimulate discussion. The information is part of an iterative process and should not be construed as a recommendation or position statement of the Committee. Major focus on minimizing shoreland/shoreline disturbances, preventing sediment from reaching the lakes and protecting aquatic and shoreland vegetation Identified 31 sensitive areas on the Spider Lake Chain (red numbers on the maps) • Essentially 100% of the sites…mucky bottom substrate, use as spawning/nursery area and use by loons and other wildlife • “Highly flocculent bottom sediment is found at many sites in Little Spider and Clear Lakes.” Information presented by the Boating Ordinance Ad-Hoc Committee is intended for the purpose of education and to stimulate discussion. The information is part of an iterative process and should not be construed as a recommendation or position statement of the Committee. From Study #1: • “Because wind waves are persistent, in many settings they represent a more significant source of shoreline impact than boat wakes.” • “…a 10mph wind blowing over a mile of open water is a common occurrence…” Revisiting Fetch Little Spider Big Spider Comparison: Boat Wake Energies To Wind Wave Energies “Energy along one meter of wind wave front over one minute of time” Information presented by the Boating Ordinance Ad-Hoc Committee is intended for the purpose of education and to stimulate discussion. The information is part of an iterative process and should not be construed as a recommendation or position statement of the Committee. From the WSIA report, wake energies measured at 210’ from the boat, shallow water: • Cruising mode: 230 J/m • Wake board mode: 478 J/m • Wake surf mode: 692 J/m 208 790 3148 0 250 500 750 1000 1250 1500 1750 2000 2250 2500 2750 3000 3250 3500 0 5 10 15 20 25 30 35 Joules/meter Wind Speed (mph) Wave Energies vs. Wind Speed w/1 mile of Fetch 1 mile Fetch Expon. (1 mile Fetch) Average wind speeds in Hayward: • June = 7.3 mph • July = 6.7 mph • Aug = 6.5 mph • Sept = 7.4 mph “Studies have shown the impact of motorboats on lake ecosystems. Several factors affect the impact of a boat's passage such as the speed of navigation, the strength and type of engine, geometry of the propeller, geometry of the hull, the cohesion of the sediments, the size and mass of the particles forming sediments, water depth, lake stratification.” • “Wave action and turbulence as a result of shallow water navigation in lakes produce obvious sediment suspension and release of nutrients and pollutants into the water column.” (Alexander and Wigart, 2013 ; Bastien et al., 2009; Gelinas et al., 2005; Wang et al., 2009; Zoumis et al., 2001) • “Bottom sediments are often phosphorus reservoirs in lakes, when boating, if suspended then the boats could even contribute significantly to the transfer of phosphorus into the water column.” Environmental Impacts: (preliminary look) Sediment Resuspension Impact of Lake Navigation - Sediment Suspension Study: Lake Masson and Sand Lake Cases • Prepared by Raymond, S., and Galvez, R., 2015, Laval University • Document specifically examines the impact on the sediment resuspension caused by wake boats Information presented by the Boating Ordinance Ad-Hoc Committee is intended for the purpose of education and to stimulate discussion. The information is part of an iterative process and should not be construed as a recommendation or position statement of the Committee. • “Wake Surfing practices …have a significant impact on the water column and would increase water turbidity, total phosphorus and orthophosphate concentration, dissolved oxygen near the bottom and thus the potential for oxidation-reduction and would reduce the sediment consolidation.” • “Total phosphorus release and especially orthophosphate may be a factor in premature aging of lakes called eutrophication. This increase in phosphorus in the water column can also promote the development of cyanobacteria (Blue-Green Algae)…” • “In terms of depth, the results show that at low and high boat speeds…there is a limited impact on the water column not exceeding (3-6 ft) deep.” • “Wake surfing and wake board practices impact the water column up to 16 ft. This disturbance has also been quantified over time, allowing to determine a duration going to vary between 70 and 80 seconds.” Information presented by the Boating Ordinance Ad-Hoc Committee is intended for the purpose of education and to stimulate discussion. The information is part of an iterative process and should not be construed as a recommendation or position statement of the Committee. Environmental Impacts: (preliminary look) Sediment Resuspension Figure 9: Zoom of Figure 8a on the passages of boats in Wake surf mode for the 2nd day on The Sand Lake 1st pass 2nd pass 3rd pass Information presented by the Boating Ordinance Ad-Hoc Committee is intended for the purpose of education and to stimulate discussion. The information is part of an iterative process and should not be construed as a recommendation or position statement of the Committee. What Is Special Here > Water Clarity/Quality > Results • “Anthony and Downing (2003) observe an increase in turbidity for lake depths ranging from 127 to 188 cm (4 – 6 ft). They estimate that low- speed vessels and high-speed vessels do not induce deep water movement compared to intermediate speeds as shown in Figure 12.” • “The results even indicated that a speed of 30 mph (48 km/h) had less impact than a speed of 3 mph (5km/h).” • “These studies are in line with our results with respect to impacts at low and high pass speeds.” Information presented by the Boating Ordinance Ad-Hoc Committee is intended for the purpose of education and to stimulate discussion. The information is part of an iterative process and should not be construed as a recommendation or position statement of the Committee. Figure 12: Speeds near sediments based on boat speed after Anthony and Downing (2003) Environmental Impacts: (preliminary look) Sediment Resuspension Wake Boats/Boating Information presented by the Boating Ordinance Ad-Hoc Committee is intended for the purpose of education and to stimulate discussion. The information is part of an iterative process and should not be construed as a recommendation or position statement of the Committee. WAKE BOATS • What they do: Create large wakes for the purpose of surfing behind the boat without a tow rope or for extreme wake boarding • The technology: The boats ride deep in the water by taking on ballast water or by use of hydrofoils to plow through the water and create large wake waves (“enhanced waves”). • Dave Mickelson and Ray Langer (12/17/2024) 16 WAKE BOATS: Prop energy has impacts down to 20’ (at least) THE HARM (due to prop wash) • Prop wash down to 20’ or deeper scours the bottom and stirs up sediment, releasing Phosphorus=algae blooms and heavy metals like Mercury • Destruction of native aquatic plants by smothering and tearing • Smothering/silting over fish spawning grounds • Increased turbidity • Video available on “Lakes at Stake” website shows these affects well WAKE BOATS: Trail of disturbed sediment THE HARM (from large waves) • Shoreline erosion: Waves are 2-3 times larger than other boats and carry 4-9 times the energy • Destruction of native aquatic plants • Birds and fish: Near-shore nesting birds (Loons) and fish spawning grounds are negatively impacted. • Loons nest very close to water’s edge • WI Loon population has declined 22% in past 25 years • Safety: Waves up to 3’ can capsize kayaks, paddle boards, etc. LOON NESTING: Imagine a 2’ wave crashing onto shore SPIDER LAKE is especially vulnerable • WI designates highest quality waters as “Outstanding Resource Waters” (ORWs) • Only 97 of 15,000 WI lakes are ORWs • TOSL has two ORWs—Spider Lake and Teal Lake • Key metrics are: Water clarity and quality, ecological and cultural value • Also: Spider Lake has 31 “Sensitive Areas” per a WDNR Sensitive Area Survey Report done in 2002/2003 SAFETY • Examples: • Last Wilderness Alliance (LWA) has provided examples/reports from northern Wisconsin. There are 31 entries. • Injuries like broken ribs and broken legs • Fishing people thrown out of their boats • Sail boats and paddle boats staying off the water when wake boats are present. • Children not wanting to go in water when large waves are washing up on shore. • Example from Little Spider: Wake boat wave washed over a pontoon. Wave height was above the railing! Wake Boat Impact: Compared to other water craft & water activities DAMAGING AFFECTS DOCUMENTED BY: • U of M-St. Anthony Falls Laboratory • Study #1: Shoreline damage. Report available • Study #2: Prop-wash affects. Report due 1st Quarter 2025 • Michigan DNR: Report available • Last Wilderness Alliance (Wisconsin) See video on web site • Lakes at Stake video on website 25 PUBLIC OPINION • Questions from WDNR Conservation Congress Survey • “Do you support wake boat regulation?” (#32) • Yes, 10,002 (73%) • No, 3,715 (27%) • “Prohibit wake boats on lakes less than 1,500 acres, less than 20’ average depth, and closer than 700’ from shore?” (#43) • Yes, 10,274 (75%) • No, 3,363 (25%) • Results from Town of Spider Lake Survey (2023) • 90% want to preserve North-woods atmosphere • 75% support the boating ordinances • 73% want wake boats regulated 26 WISCONSIN LAKES COALITION • A statewide coalition of 15 members focused on protecting WI lakes including: • “Wisconsin Lakes Association” • “Lakes at Stake” • “Last Wilderness Alliance” • 6 Fishing organizations including “Muskies, Inc.” and “Walleyes for Tomorrow” • “Sawyer County Lakes Forum” • 2 Conservation organizations • Coalition principles • 700’ from shore • 30’ minimum depth • Ballast tank decontamination • Local control 27 WAKE BOAT ORDINANCES- Two Approaches • Limiting approach: • Cannot operate within 700 feet of shore • Cannot operate in water less than 20’ or 30’ • Exclusion approach: • No wake surfing allowed (the Last Wilderness Alliance approach) • For Town of Spider Lake, not much difference 28 Spider Chain with 700’ Restricted Zone 29 LOCAL ORDINANCE STATUS • Towns in Sawyer County that have wake boat ordinances (for all waters within towns) • Town of Hayward • Town of Round Lake (Includes Round Lake) • Town of Bass Lake (Includes Grindstone and Lac Court Oreilles) • Those all used the 700’ exclusion zone • Town of Cable (total ban) 30 CREATING A TOWN ORDINANCE REGULATING WAKE SURFING (per “Last Wilderness Alliance”) • Wisconsin law authorizes towns to regulate watercraft use on their own lakes (Wis Stat 30.77(3)) • At least 31 Wisconsin towns have already done this to limit or prohibit enhanced wakes created by wake surf boats • Just as many Wisconsin towns are now in the process of preparing ordinances prohibiting enhanced wakes on their town lakes • In Wisconsin, Counties cannot regulate watercraft on lakes. Counties can only regulate watercraft on their rivers • To protect our lakes, it will take action either by Madison or by towns • Don’t count on Madison to do it 31 “LAST WILDERNESS ALLIANCE” HAS THE LOCAL ORDINANCE TEMPLATE 32 • Today, the state of Wisconsin has 31 local communities that have enhanced wake ordinances. LWA has been instrumental in helping 20 of these communities enact a local ordinance. • The LWA template was created using the Mequon (15 years old) and the Crystal Lake/Rhine (4 years old) time tested ordinances. They took these two ordinances and improved them to what has now become the standard ordinance that most use. • LWA has educational presentations along with template ordinances, conditions reports, DNR communication letters and landing sign templates. • This is the easy part. It is critically important to get your lake association, town board and local residents to agree and support the ordinance.That is where your efforts are of paramount importance. 33 Town of Spider (near Hayward), Sawyer County Summary of Lakes Lake Acre Depth AIS Landing Notes 1. Spider* 1,198 64 (14 mean) Banded Mystery Snail, Curly-Leaf Pondweed, Ornamental water lilies (non-native) 1 Very narrow; very limited above 20 2. Lost* 1,264 21 (12 mean) Banded Mystery Snail, Chinese Mystery Snail, Eurasian Water-Milfoil, Hybrid Eurasian / Northern Water-Milfoil 1 3. Teal* 1,024 31 (15 mean) Chinese Myster Snail 1 Many islands & sandbars; only 9% is over 20’ 4. Ghost* 384 12 (5 mean) n/a 1 Impaired - mercury 5. Clear* 250 25 Purple Loosestrife 1 6. Lower Clam 214 30 n/a 1 7. North* 132 30 (14 mean) n/a 0 8. Christy 122 10 n/a 0 9. Star 106 15 n/a 0 10. Wilson 103 25 (6 mean) n/a 0 11. Ole 88 30 (11 mean) n/a 0 12. Holmes 62 22 n/a 0 13. Beaver 59 15 n/a 0 14. Lewis 52 15 (9 mean) n/a 0 Shared 1. Hadley (has 60%+; rest in Namakagon, Bayfield Cty) 59 17 n/a 0 2. Patsy 55 13 n/a 0 * Known Lake Associations: • Spider Chain of Lakes Assn. (also includes Clear Lake, North Lake) • Teal/Lost Land/Ghost Lakes Improvement Assn. Note: these are lakes greater than 50 acres. Speed Limit Information presented by the Boating Ordinance Ad-Hoc Committee is intended for the purpose of education and to stimulate discussion. The information is part of an iterative process and should not be construed as a recommendation or position statement of the Committee. TOSL Boating Ordinance Ad Hoc Committee Sub Committee: Speed Limit Tom Oatman – Big Spider Lake John Trombello – Teal Lake Speed Limit Recommendation After independent research by both sub committee team members and then a collaborative review based on that research, it is the recommendation of this sub committee to retain the current 10 m.p.h. speed limit boating ordinance (as defined in Section 5a of TOSL Ordinance #02 – 2024) The exception would be during the time of 11:00 a.m. and 3:00 p.m. on those lakes specified in the ordinance where the speed limit would be lifted. Historical Perspective • The Town’s 2018 Comprehensive Plan states that maintaining the northwood's character is a major issue facing the Town. (Source: Town Of Spider Lake Comprehensive Plan 2018) • The current boating ordinance intent is to provide safe and healthful conditions for the enjoyment of aquatic recreation and protect the natural resources. (Source: Town Of Spider Lake Boating Ordinance #02-2024) • The Town's boating ordinance regulating a speed limit of 10 m.p.h. on the Town lakes has been in effect in some form or fashion since 1956. • A substantial number of property owners in the TOSL acquired their properties subsequent to the enactment of the boating ordinances. Historical Perspective - Continued • In 1963, the Sawyer County Circuit Court upheld the boating ordinance for Lost Land and Teal due to evidence of unsafe boating conditions. The unsafe Lake conditions that existed in 1963 continue to exist today. (Source: Zajac vs. Town Of Spider Lake) • In a 2020 Spider Chain Of Lakes survey: • 65%+ believed that the current water skiing hours should not be expanded. • 73% stated there were not too many boating restrictions. • #2 on the priorities list related to maintaining peace and quiet on the lakes • #3 on the priorities list was to preserve the northwoods character. (Source: Spider Chain Of Lakes Shoreland Property Owners Survey Report September 2020) Historical Perspective - Continued • In a 2023 Town survey: • The majority (62%) of the respondents strongly agreed with the boating ordinance in its then current form • A small minority (18%) considered water skiing/jet skiing an important activity. • Sources: • Property Owner Survey Results Town of Spider Lake 13 December, 2023 • Town Of Spider Lake Vision Assessment Ad Hoc Committee Survey Summary Report and Appendices of all survey responses Basis for Recommendation • Per TOSL ORDINANCE #02 – 2024: • This ordinance is authorized by Wis. Stat. § 30.77(3) and is adopted in the interest of public health, public safety, and welfare, including the public’s right and interest in preserving the state’s natural resources and wildlife. Basis for Recommendation – Continued • Public Safety Perspective • Regulating high-speed activities will reduce the risks to public safety by separating those activities (waterskiing, tubing, and jet- skiing, etc.) from low-speed and non-motorized activities (paddle boarding, kayaking, canoeing, sailing, and swimming, etc.). • Higher watercraft speeds increase the potential of accidents (collision, capsizing, running aground, negative effects on non- powered watercraft (sailboats, canoe, kayak, SUP, swimmers, etc.). • Sources: • Wisconsin DNR - Share The Water And Slow Down To Keep Waters Safe For All: https://dnr.wisconsin.gov/newsroom/release/97146 Basis for Recommendation – Continued • Preserving Natural Resources And Wildlife Perspective: • The Common Loon is a symbol of the "northwoods character". Slower watercraft speeds allow the operator to be in an enhanced position to adjust to any conditions on the lake including as wildlife. • Per a Sierra Club article, the northern Wisconsin Common Loon population has declined by 22% over the last 25 years, with the population decreasing by as much as 6% each year. • Northland College recommends keeping a 200 foot distance from loons, never run motorboats or personal watercraft over areas where loons have been seen as loons and loon chicks have died from being hit by boats and propellers. • Source: https://www.sierraclub.org/wisconsin/blog/2024/07/common-loon-symbol- northwoods. and Northland College: Protect Loons Do Your Part) Basis for Recommendation – Continued • Preserving Natural Resources And Wildlife Perspective (Continued): • The Common Loon is protected by State and Federal laws as a migratory, nongame bird. It is also a species of Special Concern in Wisconsin. • Source: • Common Loon Facts And Phenology: https://www3.uwsp.edu/cnr- ap/UWEXLakes/Documents/programs/convention/2008/ThursPM/FactsPhenologyC allsRevised.pdf) Basis for Recommendation – Continued • Public Health Perspective: • Boats and PWC’s (jet skis) driving at higher speeds outside of the water sports hours would add an additional “Noise” factor which is not conducive for health or for quiet lakes. High noise levels can also disrupt wildlife communication, reproduction, and feeding habits, causing significant harm to ecosystems. • Sources: • NIH National Library of Medicine - Environmental Noise Induced Effects: https://pmc.ncbi.nlm.nih.gov/articles/PMC6878772/ • Understanding The Effects Of Noise Pollution From Boat Engines: https://dec.vermont.gov/sites/dec/files/wsm/lakes/docs/lp_Impacts_of_Motorboats_Fact_S heet_2016_12_30.pdf Basis for Recommendation – Continued • Public Health Perspective: • Sources – Cont.: • Wisconsin DNR - Overview of Impacts of Motorized Watercraft on WI Lakes: https://www.youtube.com/watch?v=Fv7R45IslBY • Wisconsin DNR - The Effects of Motorized Watercraft on Aquatic Ecosystems: https://static1.squarespace.com/static/589d2006ebbd1a9c437fd84a/t/5b328a3a1ae6cf60dc ce148f/1530038842866/Boat+Wake-Boats-effects-on-ecosystems+WDNR+U+of+W.pdf • Wisconsin DNR – An Overview of Boating Impacts on Lakes: https://genevalakeassoc.org/images/pdf/Motor_Boat_Impacts_2021.pdf • Science Daily: Pleasure Boat Speed Limits Can Stir Up Trouble In Shallow Lakes: https://www.sciencedaily.com/releases/2001/11/011112073736.htm Recommendation Summary • In addition to the Public Safety, Public Health, and Preserving Natural Resources perspectives: • Currently many PWC owners enjoy operating their machines during water sports hours. The noise factor is significant. However, at 3PM, they typically navigate back to their docks or reduce their speed to <= 10 mph. Should the speed limit be increased or water sports hours be expanded, PWC activity would expand as well creating a negative impact on residents. • Increasing the 10 mph limit to allow boats to plane would result in higher speeds, an increase in noise factor, and present greater safety issues with submerged lake obstacles. Recommendation Summary - Continued • In addition to the Public Safety, Public Health, and Preserving Natural Resources perspectives - Continued: • The current ordinance is actually a compromise and least restrictive as it stipulates the time for higher speed activities (i.e. water and jet skiing) and allocates other times for lower speed activities (i.e. sailboats, canoe, kayak, SUP , swimmers, fishing, nature watching, etc.); thus, avoiding a conflict between these uses. • Most importantly, modification of the current speed limit ordinance would be contrary to the majority of the survey respondent desires and could result in substantial divisions within the TOSL community. Water Sports Hours Information presented by the Boating Ordinance Ad-Hoc Committee is intended for the purpose of education and to stimulate discussion. The information is part of an iterative process and should not be construed as a recommendation or position statement of the Committee. Water Activity Hours • Recommend keeping Teal Lake and Lost Land Lake a quiet lake with a ban on waterski, jet ski, wake surfing and tubing. The unique lake characteristics such as water depth, invasive species, weeds, under water hazards make it unsafe for these activities. • Expand the water activity hours in Spider Lake Chain to 11AM-5PM. Rationale • Boat safety can be enhanced by spreading out the time on the lake. • No evidence that boat volume would increase since the location of Spider Lake is not convenient for day trips. Most boats launched daily are fishing. Peak water activity is over Memorial Day weekend, Fourth of July week, and Labor Day weekend. • Minimal environmental impact if Wisconsin statute of 100’from shoreline and 200’ from other boaters is followed. Wind, weather and water depth fluctuations can have a bigger impact on shoreline erosion. • Allows vacationers, who are usually family members and friends of property owners, to maximize their time on the lake. They can do other family activities in morning and still have time on the lake later in the afternoon. • Weather plays a role in that it could be bad in morning but clear up later in the day. • Addresses WDNR report as ordinance being too restrictive. Shows willingness to compromise. • Enforcement will always be concern no matter what the hours. • Based on SCLA survey the volume of Jet ski’s is fairly low-5% Water Activities Hours Main Data Sources WDNR report Review of other neighboring lakes-Round Lake, Twin Lakes, Lake Owen , Flowage Stakeholder responses Wind energy study that Michelle reported on SCLA survey Other outstanding questions Court costs of keeping ordinance in place as is. Enforcement If town loses in court ordinance can be thrown out entirely opening up water activities on all township lakes. Water Activities Hours Enforcement Information presented by the Boating Ordinance Ad-Hoc Committee is intended for the purpose of education and to stimulate discussion. The information is part of an iterative process and should not be construed as a recommendation or position statement of the Committee. ENFORCEMENT: Do towns with wake boat ordinances have enforcement? • Most do not have it. Crystal Lake has a contract with the Sheriff • Ripley Lake uses a boat patrol • Towns can use any employee for enforcement. Example: Fire Chief • A few use Sheriff for writing a citation only. Evidence is a video taken by civilians. • Note: These towns only have the one ordinance to enforce. The Spider Chain also has quiet hours to enforce. A FEW DETAILS ON WAKE BOATS • Can wake boats be used as regular boats? Yes, by not using the ballast tanks, the hydrofoils, or any other devices that create enhanced wakes. • Are there different designs of wake boats? Yes, and there could be more coming. That is why the ordinance needs to ban the activity, not the boat. • What speed is needed for wake surfing? About 10 mph, so the speed limit ordinance does not restrict wake surfing. RECOMMENDATION to TOSL • Immediately enact a stand alone local ordinance banning wake surfing and all activities that use enhanced wakes. • “Last Wilderness Alliance” is available to assist. They have the legal and technical expertise (including 4 attorneys and a PHD Limnologist) plus document templates. 54 RECOMMENDATION to TOSL • Points to stress to Spider Lake residents and property owners on the lakes within the town: • Safety: Enhanced wakes needed for wake surfing endanger participants of all other water activities. • Spread of AIS: Ballast systems are very likely to spread zebra mussels, spiny water fleas, and quagga mussels. • Enhanced Wake Damage: shorelines, lake bottom, personal property, fish spawning beds, loon nests, native plants. • Final note: Many towns around TOSL have restrictions. Don’t be one of the few without an ordinance. Recommendations, Justification, Data Sources and Outstanding Questions and Issues. 1) Recommendations; Place slow no wake buoys in key locations, establish a committee to discuss potential placement areas. The TOSL would be required to apply for these permits. The following slide provides the details from the WDNR on the application process. 2) The goal of strategically placing official slow no wake buoys is recommended to help protect known loon nesting sites on the lakes. The passage known as the thoroughfare connecting Lost Land and Teal lakes is especially vulnerable to boat wakes since the channel should fall under the 100’ distance from shore as a no wake area. If you are travelling through the middle of the channel, you are not more than 50 to 75 feet from either side at any time. These official slow no wake buoys are backed up by state statutes and can be enforced by any law enforcement entity we work with including the WDNR and the Sawyer County Sheriff’s dept. These buoys give the Town reason to ask for help with enforcement and create a law enforcement presence on our lakes. BOAHC BOATING ORDINANCE ENFORCEMENT For regulatory buoys such as slow-no-wake buoys, an ordinance that specifically states where the slow-no-wake area and buoys are to be located is required. Here is an excerpt from the Waterway Marker Guidebook: Regulatory waterway markers (slow-no-wake, prohibited entry, etc.) require an ordinance. See Local Boating Ordinance section of these Guidelines. • A draft ordinance must be reviewed by the local Recreation Warden (RW) 60 days before the approved governing entity can vote on it. • The approved governing entity must provide a public hearing. • The approved governing entity shall give public notice of the date, location and boating ordinance to be discussed, in at least one local newspaper, 30 days before the vote. • Upon enactment, the approved governing entity must send a signed copy of the ordinance and proof of public notice to the lo cal RW. • Generally speaking, only approved governing entities and counties (not individuals or associations) have the authority to apply for regulatory waterway markers permits and pass local ordinances. • Adjacent riparian landowner permission is not required, provided the application meets all the requirements under s. 30.74, Wis. Stats., and s. NR 5.09, Wis. Adm. Code, including local authorization, department approval, and compliance with other regulatory specifications. Please review the attached document for more information regarding the permit process as well as the ordinance process. In addition to having myself review an ordinance and the permit, the local field warden will also be involved with approving the permit. I hope that helps and gives some starting information. Let me know what other questions you have. Madeleine E. Johansen Phone: 715-939-2545 madeleine.johansen@wisconsin.gov Further recommendations We had a meeting with the Town of Hayward Police Dept and spoke with Chief John Kosterman. Several key points need to be considered. This is 1 person PD for the TOH. #1) Chief Kosterman is leaving the dept as of January 1st 2025. This is unfortunate as Chief Kosterman said he would be in favor of working with the TOSL on enforcement of the Town ordinances. A replacement has not been announced. Chief Kosterman said that even if he wanted to work with the TOSL that the final decision would be up to the Town Of Hayward Board. Kosterman suggested the TOSL talk directly to the TOH to negotiate an agreement. Now might be a good time to engage in a conversation between the two town boards while they are in transition. Additional funding from the TOSL might help the TOH fill the position sooner and possibly with more officers and equipment such as a water patrol boat. The town budget for the PD is under $100,000 #2) Kosterman recommended we look to hiring our own law enforcement person and establish our own PD for the TOSL. With our own enforcement officer, the WDNR has programs to help us offset the cost. The WDNR has an agreement where costs can be reimbursed through what is known as “An Intent To Patrol” program. We are looking for more details on this program. #3) Kosterman suggested with our own law enforcement arm we should establish a municipal court to process fines. We would need to hire or appoint a judge. Wisconsin offers training for the new position as judge. The TOH has these things and does it with a budget of under $100,000 annually. On the recommendation of Chief Kosterman, we reached out to Phil Nies. Phil Nies is very active in local government and is the former VP of the Sawyer County Lakes Forum. Phil has been instrumental in crafting language used in many of the “wake enhancement” ordinances adopted by several of our neighboring towns, including Bass Lake, Hunter, Round Lake and the Town of Hayward. I suggest we ask Phil to join our group as a guest at some point with the goal of gaining a ton of background knowledge. Phil has been heavily involved in boating ordinances over the past 10 years. 2 ) Key reasons and data supporting recommendation; Unless we establish our own law enforcement arm within the TOSL to enforce the town ordinances the Sheriffs dept and the WDNR do not have any authority and / or are unwilling to enforce the 10MPH speed limit or limited recreational water sports such as jet skis, skiing, tubing and wake surfing unless it is backed up with a State Statute. Only the no wake 100’ from shore for boats and 200’ for PWC’s and official slow no wake buoys are backed up with state statutes. 3) List of data sources; Direct conversations with the Sawyer County Sheriff Doug Mrotek, the WDNR Game Warden Madeleine Johansson, Town Of Hayward Police Chief John Kosterman, City Of Hayward Police, Assistant Police Chief Jacob Anderson and the Town of Hartford Wisconsin, townofhartfordwi.gov Marine Patrol Unit, town of Hartford Chapter 11 municipal codes, ordinance number 11. 4) Additional documentation to be included that will be part of the final recommendation; Letter from the WDNR to the TOSL, email response from the WDNR. Form 8700-58 Waterway Marker Application and Permit. 5) We are looking in to the “intent to patrol” program from the WDNR Rules and Ordinances enacted pursuant thereto? This program might give the TOSL and neighboring towns the ability to offset costs related to developing our own enforcement entity. The TOSL Board should contact the neighboring towns of Hunter, Bass Lake, Round Lake and Town of Hayward. #2) Written warnings will be given the same weight as an arrest. Most law enforcement officials suggested we do not issue a lot of tickets, just warnings. https://widnr.widen.net/s/lhwhcjtszz/le0318 Form 8700-059A intent to patrol Boats, Motors, Trailers and repairs are eligible for reimbursement with authorization. Adjourn Information presented by the Boating Ordinance Ad-Hoc Committee is intended for the purpose of education and to stimulate discussion. The information is part of an iterative process and should not be construed as a recommendation or position statement of the Committee.