As the Wisconsin State Legislature session winds down, numerous bills are advancing—some beneficial, others less so, and a few outright problematic. While some appear minor at first glance, even small changes can carry real consequences for core principles like limited government, property rights, and local control.
Government functions best when it's decentralized: closer to the people it serves. Local elected officials are directly accountable to voters through elections, making them far more responsive to community needs than distant state bureaucrats. Property rights form the foundation of prosperity and the American Dream—owners have the strongest incentive to steward and protect their land (and waterfront) responsibly, as their own wealth and quality of life depend on it.
Wisconsin's lakes vary widely: some are spring-fed, others river-fed; depths, sizes, and shorelines differ dramatically. The DNR does not manage all lakes the same way, and even the department recognizes that local communities have the authority to establish their own boating ordinances (e.g., wake restrictions, hours), allowing for tailored, site-specific rules rather than a one-size-fits-all approach.
Assembly Bill 1033, introduced February 9, 2026, by Rep. Rob Brooks and Sen. Dan Feyen and backed by the Water Sports Industry Association, would mandate that wake surfing (wake-enhanced boating) occurs at least 200 feet from shore, docks, or other boaters—without any minimum depth requirement or safeguards for existing local ordinances. From a free-market perspective, this bill represents flawed, top-down regulation that undermines private property rights, local control, and decentralized decision-making. AB 1033's 200-foot standard adds little protection—many lakes already have 200-foot slow-no-wake rules—and risks preempting stricter local ordinances on over 400 lakes across 76 towns. This invites lawsuits from out-of-state interests against communities tailoring rules to their lakes' unique conditions, eroding genuine local sovereignty.
Related: Rep. Chanz Green Supports AB 1033
Another proposal, currently assigned as LRB 6365 and known as the “Preserve Wisconsin’s Lakes Bill,” would require wake surfing to take place at least 500 feet from shore, set a minimum water depth of at least 20 feet, and permit local decisions to be made regarding lakes. This proposal would also effectively give more power to local jurisdictions and residents, by providing legal immunity to towns or other local entities if they passed wake surfing ordinances more restrictive than the state of Wisconsin itself. Nearly 90 Wisconsin groups, representing thousands of voters statewide, support LRB 6365 and trust this proposal to preserve local control, protect property from uncompensated harms, and let communities—not Madison or distant manufacturers—balance recreational uses on Wisconsin waters.
In short: AB 1033 prioritizes recreational enjoyment (and industry access) statewide above individual property rights and local decision-making—risking a top-down approach that diminishes accountability and owner stewardship.
LRB 6365 respects property rights, empowering local communities to tailor rules to their unique lakes and limiting state mandates to reasonable baselines only when truly needed.
Wisconsin's glacial lakes are valuable assets where shoreline owners directly suffer externalities from wake boats: erosion, damaged docks, disrupted fish nests, stirred sediment, and the spread of invasives. Studies like Terra Vigilis' Lake Beulah research show wake waves cause significant shoreline rocking and habitat harm even at 200 feet—far more than traditional boats—and recommend at least 500 feet for equivalent impact. The study recommends a minimum depth of 20 feet to prevent lakebed destruction from prop wash.
Free markets flourish when property rights are secure, and decisions stay close to those affected. Lakefront owners, fishermen, sailors, and riparian rights holders should resolve conflicts through local governance, voluntary agreements, or liability mechanisms—not a statewide mandate favoring a niche industry.
Last Update: Feb 12, 2026 4:43 pm CST
