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Opponents at Merton hearing cite Public Trust, DNR role and urge compromise over bans
Summary
Speakers opposing the draft ordinance argued the Public Trust Doctrine and DNR oversight limit town authority, questioned the evidence, and proposed measures such as signage, time-of-day limits, and voluntary guidelines instead of an outright ban.
Several residents told the Town Board that the proposed ordinance is unnecessary or legally risky and urged compromise measures instead of a ban.
"The Public Trust Doctrine ensure that waters are held in trust for public use. The DNR is responsible for enforcing the Public Trust Doctrine and use of the waters," said Brian Bence, opposing local exclusion. Opponents repeatedly argued that all boats create wakes, that factors such as wind, ice and muskrat activity also affect shoreline and aquatic vegetation, and that voluntary guidelines or posted rules at launches should be given a real chance.
Many speakers also warned the town about legal exposure and taxpayer costs for defending litigation. Richard Philips, a retired corporate attorney, said four other states have adopted wave regulations but cautioned the town to avoid inviting a legal challenge without clear precedent and strong justification.
