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Council repeals local prohibition on boats by fuel source; public urged lake‑by‑lake rules
Summary
To conform with state law the council repealed a local ordinance that prohibited boats by fuel type; residents urged protections for small landlocked lakes and council members discussed future lake‑specific prohibitions or speed/exclusion zones (which require FWC approval). Vote was 4–1.
The council voted 4–1 on Aug. 26 to repeal a local ordinance that prohibited watercraft based on propulsion energy, bringing the city code into alignment with recent state law that preempts local bans by power source. City counsel explained state preemption and the city’s legal exposure under a statute that awards plaintiffs attorney’s fees if a local law is enforced despite state preemption.
Several residents urged the council to preserve protections for small, landlocked lakes such as Crystal Lake and Center Lake, saying those water bodies have historically been restricted to nonmotorized craft. Public commenters described damage and safety problems from powered craft in small lakes and asked the city to pursue vessel exclusion zones or lake‑specific rules. Councilmembers noted a path forward: the city can seek Fish & Wildlife Commission (FWC) approval for vessel exclusion zones or adopt boat‑use restrictions tied to speed or zones rather than banning specific fuel sources, which the state statute forbids.
City counsel and staff recommended repeal to avoid legal risk and possible fee awards if the city attempted to enforce a propulsion‑based ban. Council members who opposed repeal said they favored a different approach—using FWC exclusion processes or lake‑by‑lake restrictions implemented after community input. Supporters of repeal said the city can still protect small lakes by targeted exclusion zones or by adopting time, speed or area restrictions that do not single out a fuel type.
The council approved the repeal and asked staff to return with options for a city‑specific approach, including potential vessel‑exclusion petitions to FWC and language that would allow restricted access on smaller lakes while complying with state law.
