08/12/2026
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Federal Court Kicks Lawsuit on Wake Surfing
Dave Zeug - “Outdoor News” - August 9, 2026
Madison — Burnett County’s town of Scott's cutting-edge action on the controversial wake boat issue in Wisconsin was backed recently when a federal court upheld the town’s ordinance that limits wake boat use.
The township’s ordinance, which is designed to protect shallow lakes within the township from shoreline damage and disruption of lake beds, was challenged in a lawsuit filed by lake property owners who claimed that their rights to use the lake as they wanted was being infringed upon by the ordinance.
Wake boats are designed to pump lake water into onboard ballast tanks. That extra weight allows the boats to create a wake when under power big enough to surf behind without the skier being tethered to the boat.
On July 17, the town of Scott and the entire state was handed a victory when a U.S. District Court judge for the Western District of Wisconsin in Madison dismissed the suit. That’s according to the Last Wilderness Alliance, an advocacy group for healthy lakes. The alliance has worked with 94 local units of government by helping them create ordinances designed to protect lakes within their boundaries from potential damage from wake boats.
According to an email from the Last Wilderness Alliance, the federal court’s decision is a win for lake protection, one of four decided cases across the country in which wake surfing interests have been challenged.
“The ruling is a victory for small towns. The wake surfers sought to invalidate the town’s ordinance and also asked the court for $190,000 in damages. The federal court instead granted the town’s motion for summary judgment,” said Jim Olson, representing the Alliance.
A summary judgment is a court order resolving a lawsuit claim before trial. A judge will grant it only when there is no genuine dispute regarding the material facts, meaning the judge can immediately decide the case in favor of one party based purely on the applicable law.
“The ordinance stands, the wake surfers get no damage award, and the case is dismissed,” Olson said. “The town is small, it lacks the ability to enforce ordinances and relies on lake users to honor local law, even though it’s too small to afford enforcement. This ruling is a clear message to those who seek to use litigation to bully towns that can’t afford enforcement. Communities across Wisconsin have the right to protect their natural resources, their citizens, and their visitors, even if they aren’t large enough for law enforcement.
“These towns rely on the ‘social contract’ – people who chose to live, work and play in a community are expected to follow the law, even if they disagree with it. It’s sad that a small minority of people choose to disregard the law.”
The two plaintiffs on Birch Island Lake reportedly continued to wake surf on the lake despite the town ordinance.
Birch Island Lake has a maximum depth of 13 feet and an average depth of 6 feet, which makes it susceptible to damage from enhanced wakes that can scour a lake bottom in 18 to 20 feet of water. The narrow ruling may only apply where wake surfers disregard an ordinance the town can’t enforce.
“The industry interests continue to prioritize private gain over the shared health and safety of our lakes,” Olson said.
Wake surfing interests have recently filed two more cases against Wisconsin communities of Elkhart Lake in southern Wisconsin and neighboring towns of Boulder Junction and Manitowish Waters in Vilas County that share lakes. Those communities have filed motions to dismiss those challenges of their ordinances; rulings are expected in the coming months. These towns, unlike Scott, have a law enforcement option, so Last Wilderness Alliance members are hoping for a ruling on the substance of what they believe are meritless claims.
Olson said alliance members recognize that the vast majority of wake surfers across the state honor local ordinances even when they disagree with them.
The Scott ordinance applies to all lakes fully within township borders, as well as three large lakes where more than 60% of the lakes sit within the town of Scott: Birch Island, McKenzie and Middle McKenzie.
The ordinance bans the use of ballast tanks, ballast bags or fins “to cause a boat to operate in a bow-high manner, or which enhances a boat’s wake.” Wake boat owners may still run their boats on those lakes, as long as they’re not taking on ballast.
The ordinance sets the fine at $500 for a first offense, then $2,000 for a second or subsequent offense within one year.
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