NMMA - National Marine Manufacturers Association Inc.
04/27/2026 | Press release | Distributed by Public on 04/27/2026 06:52
Vermont Commentary Raises Crucial Questions About Proposed Wake Rule Changes
Last week, the VTDigger published an opinion piece by Vermont fishing guide Luke Heald examining the Agency of Natural Resources' proposed amendments to the Use of Public Waters Rules and raising concerns about whether the changes are appropriately tailored to documented lake-specific conflicts.
Vermont already has the most restrictive wakesurfing regulation in the nation with a 500ft offset from shore and a 20ft depth requirement. With only one season of the new law implemented and zero violations, the Agency of Natural Resources proposed a new use of public waters rule that would further restrict wakesurfing, limiting the amount of eligible inland lakes from 30 to just 18.
In the commentary, Heald argues that the proposal would significantly reduce the number of lakes eligible for wakesports in Vermont, while extending restrictions to lakes that did not request additional limits. In many cases, such lakes had little to no documented wakeboat activity. He writes that this approach risks moving away from Vermont's longstanding standard of addressing public water use conflicts through the least restrictive means practicable.
Heald wrote, "Regulation is most defensible when it responds to demonstrated, not hypothetical, conflicts. When lakes without wakeboat activity - or without petitions - are swept into broader restrictions, it raises questions about whether the approach is truly the least restrictive necessary."
The commentary also questions whether the proposed eligibility criteria, including requirements related to straight-run distance, buffers, and lake shape, function as de facto exclusions for many water bodies without sufficient consideration of less restrictive alternatives.
As regulators continue to consider changes to Vermont's use of public waters rules, the piece underscores the importance of transparency, proportionality, and evidence-based policymaking. For stakeholders engaged in the conversation, it serves as a reminder that broad statewide restrictions should be carefully aligned with documented conflicts and actual on-water conditions.
Read the full commentary here.
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