Trends in Riparian Rights: Update

Wisconsin has over 15,000 lakes, and summer often is filled with swimming, boating, and enjoying the state’s waterways. It is also a time where the importance of understanding riparian rights, property rights associated with Wisconsin’s lakes, rivers, and waterways, is heightened. Disputes between riparian owners (lake and river property owners) have become increasingly common as new construction, crowded shorelines, and changes in watercraft have led to increased contact and increased conflict. The latest iteration of this conflict centers around the use of wake boats.

What are Wake Boats?

Wake boats create artificially enhanced wakes for activities like wake surfing or wake boarding by using ballast tanks, water sacks, or fins. These weigh down the back of the boat and create waves to enable surfing or other activities in its wake.  Currently, wake boats are allowed on any lake or river that allows watercraft to operate above no-wake speed, unless otherwise restricted by local municipalities.

Wake Boating Enthusiasts

Wake boarding and wake surfing represent some of the newest ways that riparian owners and other lake users are enjoying the state’s lakes or waterways. Those in favor of fewer limitations on wake boat operation allege that wake boating can be done safely, and in a manner that does not endanger the shoreline, wildlife habitat, or other features of the lake.  Supporters often note that there is a certain distance from the shore for the activity that is a safe distance for wake boating or wake surfing. Others are not convinced.

Opposition to Wake Boats

Others say that the waves created by wake boats disturb and potentially harm anything present on the lake, including the shoreline, lake bottom, wildlife habitats, boats, docks, swim rafts, etc. According to opponents of wake boating, 200 feet offshore is not enough distance to prevent damage. They say that wake boats cause erosion of the shoreline, something that concerns many riparian owners. They also point to wake boats causing dangerous situations for swimmers, canoers, kayakers, and stand-up paddle boarders. Finally, they allege the artificially enhanced waves cause damage to other boats that are either moored or may have to navigate the large waves. Some smaller lakes with high water levels may experience some of the deleterious effects of wake boats more so than larger lakes or those with more stable water levels.

State Legislation and Local Ordinances

In 2023, Wisconsin legislators introduced a bill that would have prohibited wake boarding or wake surfing within 200 feet of a shoreline or dock and on a body of water that is 50 acres or less, or is less than 400 feet wide. However, the bill did not get a hearing and there has been no movement since. While state legislation seems unlikely at the moment, many municipalities are considering their own ordinances banning or restricting wake boating, so it is important to be aware of what might be happening in your area. As of May 2024, 23 ordinances regulating wake boats were in place across Wisconsin.

How Does This Impact Riparian Rights?

Any regulation on the use of Wisconsin waterways ultimately has some impact on riparian rights. Regulations on wake boats restrict the activities that riparian owners can engage in and could impact tourism to their lake or river. On the other hand, some riparian owners may be grateful for regulation (and many have been asking their local government for it), because they attribute the disruption or damage they have experienced to an increase in wake boats. Ultimately, this is an issue in the state that is far from settled, and it is important to stay aware of proposed regulations on the local and state level. To stay apprised, attend local municipal board meetings or regularly review the agendas for any action or proposed ordinances that may affect a riparian’s use of the waterways. Until such time that the state enacts a law that controls the use of wake boats, municipalities for the most part have a hand in regulating the use of wake boats in lakes or other water sources across Wisconsin.

The water law attorneys at Axley Brynelson have the expertise to assist any riparian client with their pier, access, easement, or related issue.