We completed our review of and response to the more than 1,400 written comments submitted to the Department of Environmental Conservation on its proposed amendments to the 2024 wakesports rule.
As we reported earlier, the comments show strong support for the DEC’s stronger rules, with 80% in favor. Notably, more than 70 of the opposing comments were identical form letters based on templates from the wakesports industry. Many signatories on these form letters were from out of state. Most opposition to the DEC rule came from just three lakes, while support came from several dozen.
Our deep review of the comments revealed a common theme among opponents: a demand for Vermont-specific, academic peer-reviewed data to support each aspect of the rule. Applying such a standard would forever delay protective regulation, not just for wakesports but for all state rules.
Our response to the opponents’ claims
Scientific & Technical
- Scientific evidence supports the DEC’s proposed standards for wakesports zone size (100-acre), run length (3,000 ft) and safety buffers (500 ft).
- The 100-acre minimum wakesports zone is consistent with sound regulatory practice.
- Agencies routinely rely on technical reports, expert input, and field studies when peer-reviewed research is limited.
- The industry-funded simulations put forward by wakesports supporters lack the rigor of the many independent field studies supporting the DEC’s amendments.
Policy & Practical
- Wakesports are not considered a “normal use” of state waters under Vermont law, as affirmed by Commissioner Jason Batchelder’s testimony at the 2024 LCAR hearings.
- Lack of police reports on wakesports does not prove that the current rules are effective; dozens of eyewitness wake boat conflicts were documented in the February public comments.
- Enforcement challenges are not a reason to avoid setting standards; distance-over-water-based rules are already common, and new tools and new apps make compliance easier.
Agreement
- While some comments demand the retention of the Home Lake Rule, the DEC amendments include new restrictions on launching wakeboats without decontamination of AIS.
- Sections 3.7 and 4.3 appropriately allow agency flexibility, though modest refinements could improve clarity and strengthen guardrails.
- We agree that the amendments will require boater education, and RWVL has agreed to assist DEC in this process.
Economic & Process
- The economic value of protecting Vermont’s lakes far exceeds the impact on wake boat sales. The DEC’s 2024 Economic Impact Analysis showed benefits outweigh costs by a factor of approximately 10:1.
Our Recommendations to DEC
- Adopt all core proposed changes:
- 100-acre minimum wakesports zone
- 3,000-foot run requirement
- 500-foot buffer from shorelines, docks, and other users
- Consider targeted refinements:
- Develop stronger rules and practices to prevent the spread of Aquatic Invasive Species by wake boats and other watercraft.
- Add procedural guardrails to Use of Public Water Sections 3.7 and 4.3.
- Update boating safety education immediately upon adoption of rules.