Wake surfing is rapidly gaining popularity in New Hampshire. Wake surfers ride a board directly behind a boat traveling at a slow speed propelled by the boat’s wake, akin to ocean surfing, rather than being pulled by a tow rope. This requires much larger wakes than those generated by other water power sports like water skiing, tubing or cruising, and ballast bags or other specialty equipment are added to the boats to generate a sufficient wake. Wake surfing is often conflated with wakeboarding, which is much more like water skiing where the rider is pulled by a rope at a high speed to perform tricks on the wake approximately 75 feet behind the boat.
Due to the large, ocean-like waves, wake surfing should be conducted in deep water away from docks and shorelines. The Water Sports Industry Association states wake surfing should not take place in shallow water, and several industry experts testified deep water is necessary to generate adequate waves. NHDES also states that increased buffers from shoreline reduce the potential for environmental risks associated with wake surfing.
While many wake surfers are responsible, reckless operators can cause significant damage to New Hampshire’s cherished lakes, reduce the enjoyment of low-impact recreators, including paddle sports, fishers and swimmers, and damage shoreline property. Shoreline erosion is an oft sighted concern about wake boats, and several studies have concluded waves resulting from wake surfing are many times more powerful than either traditional powerboating or wind-driven waves. The size and power of these waves are the primary complaints in numerous reports of children being toppled while wading, kayakers scared to venture onto public water bodies for fear of being capsized, and damage to docks, moorings and boats.
But many of New Hampshire’s lakes face a more pervasive threat from cyanobacteria blooms that lead to NHDES warnings to avoid water recreation over health concerns. Higher phosphorus loading in our lakes and warmer temperatures are increasing the frequency of these events, and New Hampshire lakes have seen a record number of toxic cyanobacteria blooms over the last four summers. Wake surfing in shallow areas exacerbates phosphorus loading by stirring up sediment from the powerful downward angled force required to drive these boats through the water and generate large wakes. The NHDES chief aquatic biologist testified wake surfing in depths less than 20 feet can result in up to 20% increased phosphorus load as the phosphorus previously trapped in sediment is resuspended. While wake surfing alone is not responsible for the increase in cyanobacteria blooms throughout the state, it can push the phosphorus level over the threshold to trigger a bloom and prolong others.
Loons and fish also suffer from wake surfing in inappropriate areas. The Loon Preservation Committee described how large wake surfing generated waves in locations protected from wind driven waves have flooded loon nests, and overall, 2023 saw a record number of failed nests. Divers also relayed first-hand reports of decimated fish habitat caused by wake surfing in shallow locations.
New Hampshire Marine Trades Association claims that the 200 foot limit recommended by the “Wake Responsibly” campaign offers sufficient protections, but the study used for justification was published after the campaign began; a clear example of industry funding research to obtain a predetermined result. This same study, which was published in a pay-to-publish journal whose peer review process lacks credibility, states the methodology used does not apply more than 100 feet from the boat, undercutting its own scientific basis.
Michigan’s Department of Natural Resources conducted a literature survey of all available research to determine best practice recommendations for wake boat operation to minimize effects on aquatic natural resources, and concluded wake surfing should be conducted at least 500 feet from docks and shoreline and in water at least 15 feet in depth. New Hampshire’s lake conscious neighbors agree, with Vermont setting a 500 foot setback and 20 foot minimum depth and Maine enacting a 300 foot setback and 15 foot minimum depth.
Water bodies larger than 10 acres in New Hampshire are held in trust by the state for public use to be shared and enjoyed by all. Clearly a compromise is needed to balance the enjoyment of wake surfing with the rights of other lake users and potential harm to the environment and wildlife. Senate Bill 431 will codify the industry’s contrived 200 foot setback recommendation in statute. Most boaters will not be able to distinguish 200 feet from 150 feet, and the bill will therefore have little impact. Instead, a 300 foot setback is more easily gauged by most boaters as the length of a football field, allows for increased lake depth, and represents a meaningful compromise between substantive scientific research and the Water Sports Industry guidelines.