Polk County adopts waterway protection ordinance and designates swim areas and vessel exclusion zones for three lakes

The Polk County Board of County Commissioners voted to adopt an ordinance consolidating the county's Waterway Protection Code and a companion resolution to establish designated swim areas and vessel exclusion zones in portions of Lake Winterset, Lake Clinch and Lake Ariana.

Ben Ziskel, Polk County land development director, told the board the consolidated ordinance creates a process to establish a designated swim area and a vessel exclusion zone by board resolution. "As explained ... this became a safety issue that's brought to our attention by the Sheriff's office," Ziskel said.

County staff and Sheriff’s Office representatives said the measures address locations where officers have observed swimmers and heavy boat traffic in the same areas. Sheriff’s Office Officer Jason Vonador told the board the areas indicated on the maps have been problem spots and that the designation will "give us some ... teeth with our bite when it comes to enforcing this." He said enforcement previously was limited by the lack of ordinance authority.

The ordinance requires the designated areas be established as "swim areas" in order to meet statutory requirements, staff said. Commissioners discussed that signage verbiage is controlled by state statute and that the county will pursue state approval for signage; staff cautioned the signage and formal enforcement may take time to implement.

Several nearby residents spoke during public comment. Kurt Boyette and Jimmy Deese, both Lake Winterset residents, opposed placing a swim area next to certain private docks, arguing the designation would "invite" people to walk through private property and increase trespass and noise. Boyette asked the board to consider a vessel‑exclusion-only approach rather than a swim‑area designation. Other residents, including Scott Short, Don Mason and Les Dunson, supported the ordinance and told the board they had seen large groups of boats and wave runners in the mapped areas and wanted enforcement powers to address safety and noise.

Commissioners voted to adopt the ordinance and the corresponding resolution. During debate, commissioners and staff noted the county can add or amend designated areas by resolution in the future and that adjustments can be made quickly if the designations prove problematic. Staff said the signage must be approved through the state (a process that will take additional time) and that the county will proceed to implement the zones as soon as feasible.

The transcript records the board's vote as "Aye" with no recorded opposition and the motions carried; the resolution names the three lakes listed above and authorizes staff to coordinate with state officials on signage and to return with adjustments by resolution if needed.