Lake Waramaug Friends Petitions DEEP to Reverse Ban, Enact Reasonable Statewide Wake Surfing Regulations

Petition for Declaratory Ruling Challenges Legality of Local Ban, Calls for Hearing on Common-Sense Restrictions

The Lake Waramaug Friends for Common-Sense Regulation, Inc. (“LWF”) has filed a legal challenge with the Connecticut Department of Energy and Environmental Protection (“DEEP”), requesting the agency reverse its approval of Lake Waramaug’s wake surfing ban in favor of reasonable statewide regulations.

“This ban was enacted through a deeply flawed process, and we are asking DEEP to reverse the ban and instead implement statewide regulations based on science and common sense,” said Keith Angell, President of LWF. “Lake Waramaug is a public resource featuring a state park that benefits boaters from across the state, and all Connecticut residents should have the right to enjoy it. It is unfair and unsupported by evidence to single out a safe, family-oriented recreational activity for prohibition based on misinformation and unfounded fears.”

Wake surfing is one of the fastest-growing watersports in the United States, widely recognized as one of the safest and most family-friendly freshwater activities—allowing participants of all ages to experience the excitement of surfing behind a boat at low speeds in a controlled, comfortable environment.

In October, DEEP approved an ordinance passed by the Towns of Kent, Warren, and Washington prohibiting the use of wake-enhancing devices on Lake Waramaug. These devices create a surfable wave on one side of the boat. LWF's petition argues the ban is arbitrary, unreasonable, and overly restrictive—failing to meet legal and scientific thresholds for approval.

"Both the applicable statute and scientific evidence support DEEP reversing Lake Waramaug’s wake surfing ban and pursuing reasonable statewide regulations," said Lee Hoffman, Chair at Pullman & Comely and legal counsel to LWF. "The Towns relied on a fundamentally flawed study to push through this ban, which should have been summarily disapproved by DEEP because it is arbitrary, unreasonable, unnecessarily restrictive, and will result in uneven application across Connecticut’s waterways.”

Due Process Denied, Constituents Ignored

For more than two years, LWF attempted to work with the Towns to address concerns about wake surfing and proposed common-sense, enforceable restrictions that were dismissed without meaningful consideration. As the petition states, “LWF attempted to reason with the Towns for over two years and was stonewalled, as the Towns proceeded with their proposed ban despite contradictory logic, scientific evidence, regulations in other states, and public sentiment.” The Towns denied voters the opportunity to consider compromise alternatives to the ban and disparaged input from LWF—their constituents—as “white noise” that should be deposited in the “circular file.”

LWF also sought consideration of its alternative restrictions with DEEP by following the process outlined in state statutes. While the Towns improperly sought approval under a statute governing bodies of water within a single town's limits (Lake Waramaug spans three municipalities), LWF submitted its alternative restrictions to DEEP along with petitions from 80 community members under the correct statute, Section 15-136(b), which legally obligated DEEP to hold a hearing on LWF's proposal and petition.

The petition explains that “the absence of the statutorily required public hearing denied LWF of its right to fundamental fairness in agency proceedings.” Expert testimony and evidence presented by LWF could have led DEEP to consider evidence-based policy in place of the legally fraught and impractical ban passed by the Towns.

Ban Creates Enforcement Nightmare, Lacks Evidentiary Support

As a practical matter, Lake Waramaug’s ordinance is unenforceable. Use of wake-enhancing devices cannot be identified on sight, and non-wake boats can create surfable waves using simply the weight of passengers. This will force law enforcement into the dangerous and impractical position of boarding boats to determine compliance.

Unfortunately, the enforcement and regulatory headache caused by this ordinance is not outweighed by any demonstrable benefit. The Towns presented no evidence of environmental harm or safety incidents caused by wake surfing on Lake Waramaug, which are ostensibly the basis for the ordinance.

Water quality data collected by the Lake Waramaug Conservancy since 1977 shows consistent improvement over time, with the highest quality readings occurring between 2015 – 2024—precisely when wake surfing became popular on the lake. Wake energy studies more rigorous and reputable than the one relied on by the Towns have come to the conclusion that operating a wake surf boat at least 200 feet from shore and in at least 10-15 feet of water mitigates potential environmental harm.

DEEP's own records reveal no reported safety incidents involving wake surfing at Lake Waramaug. Publicly available data demonstrates that wake surfing poses less risk to participants and bystanders than water skiing, wakeboarding, tubing, or jet skiing—all of which remain legal on the lake. The Towns arbitrarily singled out wake surfing as a potential threat to the health and safety of Lake Waramaug.

Economic and Legal Implications for Connecticut

Bans on this increasingly popular activity would have economic implications across Connecticut communities, in addition to the potential legal costs towns will face by enacting unclear or unenforceable ordinances. Recognizing the implications of these policies, DEEP recently announced it is conducting a statewide study on wake surfing, acknowledging the issue "merits additional study" and "could help inform state-level policy." LWF favors the development of statewide policy on this issue, which is why individual towns should not be regulating on a case-by-case basis, and DEEP should not be approving such a patchwork quilt approach.

"Currently valued at $3.6 billion, Connecticut’s recreational marine industry contributes in a significant way to the state’s economy," said Tasha Cusson, Chairwoman of the Connecticut Marine Trades Association. "The marine industry is supported by over 600 businesses and provides 13,223 jobs across the state. The Connecticut Marine Trades Association (CMTA) fully supports a resolution to this specific issue that simultaneously protects the environment and ensures the continued use and enjoyment of the state's waters for all residents."

According to the Water Sports Industry Association, wake surfing is the second most popular towed water sport in America. Allowing a patchwork of inconsistent local bans will cause Connecticut to lose tourism dollars to other states more welcoming of this activity’s fans.

“A patchwork of local rules and ordinances creates compliance headaches for boaters, administrative burdens on towns, and policing challenges for law enforcement,” said Lee Gatts, Vice President of Government Relations for the Water Sports Industry Association (WSIA). "Experience in other states has shown that reasonable, uniform, statewide standards work. In states that have adopted a uniform 200-foot distance rule boating has become even safer, with declines in user conflicts. Adopting a reasonable, statewide standard is the proven strategy to simplify compliance, reduce strain on law enforcement, and ultimately improve safety for everyone on the water.”

Setting Dangerous Precedent

Beyond the immediate impact on Lake Waramaug, the ban sets a troubling precedent: allowing municipalities to prohibit safe, legal activities without evidence of harm, while ignoring affected constituents and denying them meaningful participation in the decision-making process.

LWF's petition requests that DEEP grant a hearing on the common-sense restrictions previously submitted, reconsider its approval of the ban, and work toward implementing reasonable statewide regulations that balance environmental protection, safety, and recreational opportunities for all Connecticut residents.

"We applaud DEEP for conducting a study on wake surfing's impact statewide," said LWF’s President Keith Angell. "We anticipate they will uncover conclusive science showing that wake surfing a safe distance from shore causes no harm. We hope DEEP will reach the same conclusion as other states who have studied this issue and will enact reasonable statewide restrictions that prevent the confusion and costly legal battles posed by a tangled patchwork of poorly worded ordinances."

About Lake Waramaug Friends for Common-Sense Regulation, Inc.

Lake Waramaug Friends for Common-Sense Regulation, Inc. represents members of the Lake Waramaug community in Litchfield County, Connecticut who support evidence-based regulation of wake surfing that protects the lake environment while preserving access to safe, legal water sports.

For more information, visit lakewaramaugfriends.org or contact admin@lakewaramaugfriends.org.

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