Wellington repeals electric‑only rule for Lake Wellington after state law; residents urge enforcement

Wellington Village Council voted unanimously on Aug. 12 to amend Chapter 24 (Waterways) of the village code to remove local restrictions based on a vessel’s energy source and to retain no‑wake limits and other activity controls. Council members said the change responds to a new state law that preempts local bans on gasoline‑powered watercraft.

The council’s action implements state Senate Bill 1388, the Watercraft Energy Source Freedom Act, which staff said preempts local ordinances that would ban or discriminate against boats based on whether they run on electric or fossil fuels. The measure was adopted after a public hearing and discussion dominated by Lake Wellington residents concerned about noise, erosion and water pollution.

Why it matters The state law prevents municipalities from enforcing electric‑only requirements on waterbodies. Residents told council they oppose gasoline motors on Lake Wellington; staff said complying with the state statute requires changing the local ordinance even though the village and many residents do not favor the result.

What council heard Tim Stillings, the staff presenter, told council the state law "preempts the ability of Wellington to prohibit gas powered or to discriminate against vessels based on the source of the power." He added: "No one here wants gas motors on Lake Wellington, but that's out of our control. So I suggest you contact your state representatives and complain to them about what this is going to do to your quality of life and the quality of the water by putting gasoline on the lake." (Tim Stillings, staff member)

Many residents urged stronger local enforcement within the constraints of the new statute. Michael Imber, president of the Lake Pointe Homeowners Association, asked for more village presence and suggested a lake constable or increased PBSO patrols to catch violators in the act. Other residents described shoreline erosion and damage they attributed to high‑speed boats and asked the village to use noise rules, zoning and robust permitting to limit impacts.

Staff responses and clarifications - Enforcement options: staff and counsel said enforcement will rely on Palm Beach County Sheriff’s Office (PBSO) and code enforcement and that the village may strengthen noise and nuisance ordinances to address motor noise and safety concerns. "If a violator is caught in the act, I think it would be enforceable," staff said, but they acknowledged that catching fast or intermittent violators is difficult. - Permits and residency: staff said permits for Lake Wellington are restricted to Wellington residents; trailer access and nonresident use are limited by prior approvals. - Fees and penalties: residents asked about increasing permit fees and whether fines would be a deterrent; a $25 permit fee was discussed in public comment as currently written in the ordinance and some speakers urged a higher fee or other tools.

Formal action Ordinance 2025‑22 amending Chapter 24 of Wellington’s code to remove energy‑type restrictions and to retain speed and activity limits was approved by council, 5‑0.

Next steps Council members and staff said they will explore supplemental measures — signage, increased PBSO presence on busy days, coordination with code enforcement, and possible earmarked patrols during equestrian show weekends or known high‑use periods — but they said state law limits the village’s authority to ban gasoline engines.

Ending Residents were told to contact their state lawmakers — the staff cited Representative Gowery and Senator Berman — if they want the state law changed. Council members said they would work on local enforcement and nuisance tools where the law allows.