What You Need to Know About the July 30 and 31 DEC Wakesports Meetings

In the words of Yogi Berra, “It’s deja vu all over again.” Barely a year after implementing its first-in-the-nation statewide rule for managing wakesports, the Department of Environmental Conservation (DEC) announced its intention to update the 2024 Vermont Use of Public Waters (UPW) Rules. Two pre-rulemaking meetings are scheduled for July 30 and 31 to solicit public comments. 

Why is this happening? Per the DEC:

“The proposed [2025 wakesports] updates are to better address safety concerns, reduce public use conflicts, and to implement clarifications in the rule to increase compliance for the regulated community. Additional updates to the set of rules are recommended to address technical corrections.”

In other words, the DEC acknowledges it made mistakes in formulating last year’s rule— two years in the making — and it now proposes to fix and strengthened it.  The chart below compares the proposed changes to the rule adopted in 2024.

RWVL strongly supports many of the DEC’s proposed changes, which will prohibit wakesports on an additional 12 of Vermont’s 30 inland lakes and ponds eligible for wakesports under the 2024 rule.  However, our group maintains that the DEC’s proposal is still not strong enough. Additional improvements are needed:

1. Inclusion of the “Precautionary Principle” in the UPW Rules as it applies to wakesports and as a guide for future rulemaking.
2. A clarifying UPW Rules statement that Wakesports are a “Non-Normal” Use. This designation specified by DEC Commissioner Batchelder at the Feb 15, 2024, LCAR meeting (see video: 10:35–11:15) needs to be included, defined, and its significance explained.
3. A 30-foot minimum wakesports operational depth requirement, which is supported by new scientific data and adheres to the Precautionary Principle.
4. A 700-foot minimum wakesports operational distance from shore and from other lake users. This is based on the 2022 scientific study from the University of Minnesota and by the DEC staff’s Sept. 18, 2023 recommendation to ANR Sec. Julie Moore. This also adheres to the Precautionary Principle.
5. Improved Enforcement Reporting Protocols for reporting wakesport violations both in person and online.

RWVL file photo of the ANR/DEC public hearing in Richmond VT on Aug 1, 2023

 What YOU can do to help RWVL achieve a stronger statewide wakesport rule:

1. Attend and speak at one or both of the July 30 and 31 DEC Public meetings, both at 6:00 PM. In person is preferred but attending and participating online works too. Click HERE for the two meeting site addresses (Barre and Newport) and links to attend remotely. RWVL file photo of the ANR/DEC public hearing in Richmond VT on Aug 1, 2023.
2. Attend RWVL’s two Pre-meeting RWVL Supporters Social Gatherings for food, fun, and socializing:
   1.  In Barre on Wednesday July 30, meet from 3:00 to 5:00 PM at the Barre Social Club (105 N Main St #102, Barre, VT 05641; 802-242-1398). This is 10 minutes by car from the DEC meeting site in the VTrans Dill Building, 2178 Airport Road, Barre, VT 05641.
   1. In Newport on Thursday July 31, meet from 4:00 to 5:00 PM at Hoagies Pizza and Pasta (58 Waterfront Plaza, Newport, VT 05855; Phone: (802) 334-0200.). This is 4 minutes by car from the DEC meeting at the Gateway Center, 84 Fyfe Drive, Newport, VT 05855.
3. Email your Vermont Representative(s) and Senator(s) to inform them of the DEC’s July 30 and 31 pre-rulemaking public meetings. Ask them to attend remotely or in person to learn about the DEC’s 2025 proposed statewide changes to their 2024 UPW Wakesport Rule. Mention that this is a non-partisan issue. Be sure to indicate in the subject line that you are a constituent of theirs.
4. Share this email with interested friends, neighbors, and relatives, and ask them to attend and speak in support of RWVL’s stronger rule at one or both of these meetings.  
5. Provide written comments AFTER the two public meetings but before the Tuesday, August 19 4:30 PM deadline. (Note: this deadline has been extended from the original August 11 deadline.) FYI: if you are unable to participate in either of these two meetings, the YouTube video links should be available within a few days on the DEC’s Lakes and Ponds Rulemaking Page.

What should I know about the format for the two DEC public meetings?

The DEC describes these two meetings as “interactive” and “discussion-based,” so there is no need to sign up beforehand to speak. To prepare, RWVL recommends careful review of the following:

1. The IMPORTANT DEC “FAQ document” which is accessed HERE. 
2. The July 22 comments of DEC staff member, Laura Dlugolecki, regarding procedures at the meetings:

“[W]e plan to show the Agency’s proposed language on a slide for a specific topic and to then take feedback on those proposed changes. Folks can raise their hands to provide feedback. We aren’t giving people a time cutoff …

“These meetings are meant to be interactive so that the public can provide feedback and suggestions. We will call on anybody who raises their hands (online and in person) and will try to keep the conversation on topic.”

The DEC’s July 1 Webinar video, which is accessed HERE, provides a discussion of the proposed rules changes summarized in the chart above. We look forward to seeing many of you in person this week!