For northern states, it is finally about to get warm. Just in time for boating season, new litigation is raising questions about which boats should be allowed on Wisconsin lakes. Last November, the Village of Elkhart Lake enacted an ordinance prohibiting wake surfing on Elkhart Lake. Last week, a watersports group in Wisconsin filed a lawsuit to challenge it. Will the lawsuit make waves? Or is it all washed up?
The Ordinance Prohibits Wake Surfing, But Not Other Water Sports
The ordinance says “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.” It prohibits the operation of boats in this “artificially bow-high manner having the effect of increasing the boat’s wake.”
Wake boats have specially designed hulls to create large waves for surfers to ride. Many also have ballast tanks that can be filled with water to add extra weight and create the perfect wake. Because of the way they’re designed, these boats typically go about 10 to 12 miles an hour — about half the speed required for waterskiing. Advocates say this makes them especially accessible for almost anyone who wants to try, from grandparents to young kids.
While the ordinance prohibits wake surfing with a big wake boat, it makes it clear that other watersports are still allowed — including water skiing, tubing, and wakeboarding with a tow rope.
The penalties for operating a wake boat on Elkhart Lake are about the same as those listed for similar boating violations in the Wisconsin Statutes, such as tampering with navigation markers — $500 for a first offense, and $1000 for a second or subsequent offense within the same year.
The Ordinance Was Intended to Protect The Health of the Lake
The Village of Elkhart Lake’s ordinance begins by outlining the environmental impacts of wake surfing and enhanced wakes. It says that artificially enhanced wakes can cause environmental damage, increasing the risk of algae and harming the shoreline and lake bottom. It also says that boats with ballast systems increase the likelihood of introducing aquatic invasive species into the lake. And that the big waves created by wake boats pose a risk to docks, moored boats, fish habitat, waterfowl, and swimmers.
Several studies have supported this finding. These include a 2025 field study from the University of Minnesota, which found reasons to be concerned that wake surfing in too-shallow depths could harm a lake’s water quality, and a 2022 study by researchers in the University of Minnesota College of Science and Engineering’s St. Anthony Falls Laboratory, which found that wake surfing boats need to stay farther from shore than traditional boats to reduce potential damage from their waves.
The Lawsuit Argues The Ordinance Is Unconstitutional
The lawsuit was filed by Elkhart Watersports Alliance, Inc., which represents 14 members who use wake boats and wake surf on Elkhart Lake. The group claims that the ordinance violates Wisconsin state law, the Americans with Disabilities Act (ADA) and the constitutional rights of members under the Public Trust Doctrine and U.S. Constitution. Generally, the Alliance argues that the ordinance effectively bans, rather than merely restricts, wake surfing and wake boats.
The attorney for Elkhart Watersports Alliance, Inc., Anders Helquist, said in a statement quoted by Wisconsin Public Radio, that “As a fisherman with a 16-foot fishing boat, the same bad science used to target wake boats in a 120-foot-deep lake can be used by any town or village to target fishing boats and pontoons, and we look forward to defending boaters’ rights in Wisconsin to overturn the Village’s illegal ban on Elkhart Lake.” The complaint specifically calls out that Elkhart Lake’s water quality is still “excellent” after decades of wake surfing.
Wake Boats Are Stirring Up Controversy (and Allegedly, the Stuff At the Bottom of the Lake)
As wake surfing has grown in popularity, it has stirred up controversy on Wisconsin lakes. That’s because wake boats have ballast tanks and other features that create waves large enough for people to surf on — but also potentially large enough to damage shorelines and lake ecosystems.
This is not a new conflict. In fact, dozens of Wisconsin towns have passed ordinances to restrict wake surfing, and people have strong opinions on both sides. It’s worth noting that a wake boat can cost between $70,000 and $300,000, with some high-end models exceeding $400,000. That price range can be out of reach for the average consumer, heightening the tension between those who wake surf and those who do not. When the neighbors’ fancy wake boat causes waves that damage grandpa’s old pontoon and negatively affect the fishing, tensions can run high.
Earlier this year, Wisconsin lawmakers debated new statewide rules that would set standards for how close to shore wake boats can operate. One proposal, Assembly Bill 1033, would have made it illegal to wake surf within 300 feet of the shoreline or other boaters (up from the current 100‑foot no‑wake distance under state law). Opponents pushed for a 200‑foot zone as a better compromise, or for rules that applied only to smaller lakes while allowing wake surfing on larger lakes.
Will This Lawsuit Make Waves?
The Elkhart Watersports Alliance is asking a federal court to issue an order that prevents the village from enforcing the ordinance. They’re also seeking monetary compensation of nearly $1.8 million for the loss of using their boats and other equipment, as well as $911,000 in docking fees and $1.35 million in emotional damages.
It’s challenging to predict how the court will rule, but one thing is clear — the ordinance and the lawsuit challenging it will have a significant effect on this summer’s activities on Elkhorn Lake.
Related Resources
- Pool Safety and Healthy Swimming Tips (FindLaw’s Law and Daily Life)
- Recreational Boat Accidents and Liability (FindLaw's Learn About the Law)
Boating Under the Influence (BUI) Charges and Penalties (FindLaw's Learn About the Law)
