Pewaukee board recommends municipal adoption of state aerator rules after winter hazard

The Pewaukee lake board voted Sept. 15, 2025, to recommend that each municipality adopt Wisconsin Statute 167.26 into local ordinances to regulate aerators after a damaging winter incident left unsafe open water near a public launch.

“Last winter we had a devastating accident, and we did not have an enforcement mechanism for aerators,” the Lake Patrol presenter said, explaining that the local patrol lacked the authority to issue citations and enforcement defaulted to the sheriff and DNR in a fragmented response. He told members adopting the state statute locally would allow Lake Patrol to act immediately under familiar state standards for marking and installation.

Board members described cases where unmarked or incorrectly marked aerators and permanent docks contributed to ice heaves that made launches unsafe. Several members said the primary goal is to give local officers a clear means to require compliance and reduce risk; one member noted the DNR’s staffing limitations make local enforcement particularly useful.

Speaker 4 moved to recommend municipal adoption of Wis. Stat. §167.26 and Speaker 3 seconded; the board voted in favor by voice. Staff were asked to provide Kelly with a copy of the official statute text so municipal clerks can place the item on their October agendas.

The statute as discussed governs how aerators must be marked and mounted and sets best‑practice requirements; the board emphasized that adopting the statute would not change state standards but would enable local enforcement and immediate response by Lake Patrol. The motion does not itself change municipal code; each municipal board must pass its own ordinance to implement the change.

Next steps: staff will supply the statute language to municipal clerks for agenda placement and the lake board will follow up on municipal decisions at its winter check‑in meeting.