An Open Letter Re: Rock River slow-no-wake

Dear city of Fort Atkinson and town of Koshkonong:

First of all, I would like to thank the leaders of our communities for all you do to make the Fort Atkinson area a great place to live, work and play. The area has a lot to offer and we all appreciate the leadership skills it took to make this happen.

In the spirit of continued improvement, there is more we can do, thus the reason for this letter. It will soon be time to put in navigation buoys. These buoys mark slow-no-wake areas, channels, etc. For many years we have had both local anglers/boaters and those who come from far away concerned about the slow-no-wake zone upstream and downstream of the city. I am specifically speaking of upstream on the Rock River starting from the confluence of the Bark River and also the area downstream on the Rock River beginning at Shirley Street. Boaters’ often ask: "Is the slow-no-wake area necessary during normal water levels?"

As you know, setting up a new slow-no-wake ordinance is not an easy task. If it took little effort for a waterfront owner to implement a slow-no-wake area in front of their property, many more land owners would do it. Imagine how boating and tourism in Wisconsin would be impacted if each and every property owner could easily implement slow-no-wake rules on rivers they live on?

Rivers are held in public trust for the benefit of the public under the Public Trust Doctrine. State law allows slow-no-wake regulations if they are: "in the interest of public health, safety or welfare, including the public’s interest in preserving the state’s natural resources."

Boating laws are complex. Do Wisconsin slow-no-wake laws apply to us on the Rock River? Which laws apply? Is it possible the city attorney could review this topic?

I would like to ask several questions about the slow-no-wake ordinances. I have informed the Fort Atkinson Wisconservation Club (FAWC), the Rock River-Koshkonong Association (RRKA) and the Rock-Koshkonong Lake District (RKLD) that I would discuss with them the answers to the following questions.

Why are slow-no-wake buoys placed downstream beyond Shirley Street? The city ordinance appears to say the slow-no-wake western border ends on Shirley street. However, slow-no-wake buoys have been previously placed down river from this location.

Why is there a slow-no-wake rule on the Rock River from the mouth of the Bark River upstream? Were there safety issues? Are we preserving the state’s natural resources? Please note that Wisconsin courts have stripped away slow-no-wake rules that don’t fit within the above mentioned definition (e.g., Wolf River/Town-Village of Fremont).

Wisconsin law also appears to say that there must be public notice of a public hearing and the lake association must be notified of a potential new slow-no-wake ordinance (statute 30.77 (3)(aw)(2). Does this law apply to the Rock River?

I have discussed this topic with Frank Micale, president of the RRKA. Mr. Micale says the RRKA was never contacted either verbally or in writing by the city or township in regards to new slow-no-wake regulations for the Rock River. I agree, I have been a member of the RRKA for 27 years and don’t recall learning about these new regulations until after they were in force.

If it is determined that statute (30.77)(3)(aw)(2) applies to our local situation, was notice given and are there records of a public hearing? If so, can we review these records? Please be aware that Wisconsin courts have ruled that if state statutes are not followed in setting up a slow-no-wake area, the ordinance is, therefore invalid (e.g., Parker Lake/Town of Jackson).

If it is determined that the slow-no-wake areas both upstream and downstream of the city were passed in accordance with state statutes, it’s my feeling that this topic is still worthy of a discussion in an attempt to satisfy recreational boaters who don’t agree the total slow-no-wake area is necessary.

Whether it’s advising on a slow-no-wake or water hazard area, discussing how to safely install floating docks in high water for walleye anglers to use, or assisting in any river or lake related project or ordinance, the RRKA, RKLD and the FAWC all have members who have the experience, skills and desire to help. I believe that these organizations want to be part of the solution, not part of the problem. Jefferson county communities should work closely with these groups for the benefit of all who come from near and far to use our unique natural resources.

Please review the above questions at your convenience. I am looking forward to receiving your reply and then sharing this information with the previously mentioned organizations. Thank you for your time and attention in this matter.

Sincerely,
Jim Furley, Fort Atkinson
(920) 563-7011