A wakeboat hauls multiple eFoils across a lake

Wisconsin's Wakesurfing Debate: What AB 1033 Means for the Water This Season

Last updated: May 2026

Wisconsin Assembly Bill 1033 would create the state's first formal regulations for wakesurfing, requiring boats to operate at least 300 feet from shore. The bill has passed the Assembly and awaits Senate action. University of Minnesota research on lake impacts has been a key resource shaping the conversation as we head into the 2026 open water season.

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If you spend time on Wisconsin lakes, you've probably noticed a flurry of conversation around wake boats since last fall. Whether you're a wakesurfer, a property owner, an angler, or just someone who enjoys a peaceful afternoon paddle, Wisconsin Assembly Bill 1033 is worth understanding. It's one of the most consequential pieces of lake legislation the state has seen in years and with the summer season approaching, its fate in the Senate could shape how boaters use Wisconsin waterways 

What AB 1033 Covers

Assembly Bill 1033 was introduced on February 9, 2026 by Rep. Rob Brooks (R-Saukville) and co-sponsored by Sen. Dan Feyen (R-Fond du Lac). At its core, the bill does something Wisconsin law has never done before: it formally defines wakesurfing as a distinct activity and applies specific operating rules to it.

Under current Wisconsin law, wakesurfing likely falls under the existing "aquaplaning" category, but the rules (most of them dated) were never written with wake-enhanced boats in mind.

Key provisions in the bill as amended by the Assembly:

  • 300-foot setback from shore. No wakesurfing within 300 feet of any shoreline, dock, pier, boathouse, or other structure on the water. (The original bill required 200 feet; Assembly Amendment 1, offered by Rep. Brooks in February, increased the distance to 300 feet.)
  • 300 feet from other people and vessels. The motorboat must also stay 300 feet from any person in the water or any occupied vessel.
  • PFD required. Anyone surfing the wake or being towed on a board must wear a federally prescribed personal flotation device.
  • Observer requirement. The motorboat must have either an observer or a wide-angle mirror.
  • Sunrise to sunset only. Wakesurfing is restricted to daylight hours.
  • No intoxicated wakesurfing. The bill applies the same intoxication prohibitions that already exist for other watersports.
  • 100-foot buffer from personal watercraft and swimming areas. Consistent with existing rules for water skiing and aquaplaning.
  • Boating safety curriculum requirement. The DNR would be required to incorporate wakesurfing education into boating safety courses.

Authorized tournaments, competitions, and exhibitions approved by the DNR or a municipality are exempt from these restrictions, provided adequate lighting is present.

One element notably absent from AB 1033: no minimum water depth requirement. Critics of the bill have focused on this gap, arguing that without a depth restriction the setbacks alone are insufficient to protect lake bottoms. This concern has been directly informed by recent research from the University of Minnesota.

Current Standings of the Bill

As of mid-March 2026 AB 1033 has passed the Wisconsin State Assembly, though not without some legislative turbulence. In a move that drew sharp objections from Democrats on the Assembly floor, Rep. Brooks added a last-minute amendment authorizing the hunting of sandhill cranes, drawing in Republicans who had been hesitant on the wake boat provisions. The combined bill then passed the Assembly.

It now awaits action in the Wisconsin Senate, where a competing bill (SB 1024) has also been under consideration. SB 1024 includes a more restrictive 500-foot setback from shore, a minimum 20-foot water depth requirement for wake boats in surfing mode, and explicit language protecting local governments from legal challenges if they enact ordinances stricter than the state standard. A coalition of over 100 Wisconsin groups, including fishing organizations, lake associations, environmental groups, and the Wisconsin Towns Association, has argued that AB 1033's silence on local control could open the door to industry lawsuits against municipalities with existing protective ordinances.

The bill's sponsor disputes that reading. "No prohibition on local control contained in this bill moves Wisconsin in the right direction," Brooks stated, adding that the 300-foot standard provides meaningful protection while respecting the public trust doctrine that governs Wisconsin waterways.

Whether the Senate takes up AB 1033, SB 1024, or some compromise between the two will determine the rules riders and lake communities live with heading into the 2026 season.

What the University of Minnesota Research Found

The scientific backdrop to this debate has largely been shaped by a multi-phase research program out of the University of Minnesota's St. Anthony Falls Laboratory (SAFL), an interdisciplinary fluid mechanics research facility that has spent the past five years studying how recreational powerboats affect lake ecosystems.

Phase 1 (2022): Conducted on Lake Independence in Maple Plain, Minnesota, the first study measured the maximum wave height, total wave energy, and maximum power produced by four recreational boats: two standard powerboats and two wake-enhanced boats. Wakesurf boats were found to generate significantly larger waves than typical recreational boats and therefore would need to be operated at greater distances from shore to keep their waves' impact at a comparable level. Researchers noted that wakesurf boats would need to run at least twice as far from shorelines, docks, and other lake users to match the impact footprint of an ordinary recreational boat.

Phase 2 (July 2025): The 185-page follow-up study, titled A Field Study of Recreational Powerboat Hydrodynamics and Their Impacts on the Water Column and Lakebed, expanded the research to Lake Minnetonka and tested seven recreational powerboat models by driving them over acoustic sensors placed at the lakebed at depths of 9 and 14 feet. The results were striking. Wake boats operating in surfing mode (the slower speed that produces the large standing wave) stirred up lakebed sediments at both depths, suspending particles for several minutes and creating the kind of turbidity that can release phosphorus from the sediment, potentially fueling algae growth. All powerboats produced some lakebed disturbance, but the wake boats in surfing mode produced markedly more.

The Phase 2 study's operational depth recommendations:

  • Wake boats in surfing mode: 20 feet or deeper (measured from the surface to the top of any bottom vegetation)
  • All other recreational boats when planing or cruising: 10 feet or deeper

"Staying in deep water when you're out on the water, especially when wakeboarding or surfing, is an easy and effective way to enjoy and protect our waterways," said lead researcher Jeff Marr, associate director of engineering and facilities at the St. Anthony Falls Lab. "Also, give space between your boat and other boaters and the shoreline."

Phase 3 research, examining how wind-driven waves compare to boat-generated wakes, was ongoing through fall 2025 with results expected to further inform the policy conversation.

The SAFL findings have been influential and therefore highly contested. The Water Sports Industry Association, which supports AB 1033, commissioned its own peer-reviewed research suggesting that wake surfing in at least 10 feet of water and 200 feet from shore produces minimal shoreline or environmental impact. Scientific disagreement is part of what makes the legislative debate so charged, especially as researchers are still working through the multi-phase findings.

The Two Sides of the Debate

The coalition opposing AB 1033 is remarkably broad: over 100 groups including hunting and fishing organizations, lake associations, the River Alliance of Wisconsin, Walleyes for Tomorrow, Trout Unlimited Wisconsin, the Wisconsin Wildlife Federation, the Wisconsin Towns Association, and the League of Municipalities. Their core criticisms: the 300-foot setback doesn't go far enough (they've pointed to Maine's 300-foot and Vermont's 500-foot standards, both with 20-foot depth minimums), the absence of a depth requirement ignores the SAFL data, and the bill's silence on local control is a legal vulnerability for communities that have already passed protective ordinances.

Supporters of the bill, led by the Water Sports Industry Association and wake boat manufacturers, argue that a statewide standard is long overdue, that AB 1033 provides a practical, science-supported baseline that protects both lake users and the public trust doctrine, and that an outright ban on wake-enhanced boats would raise constitutional concerns.

Regardless of the dispute, some degree of regulation is brewing and will have influence on the world of inland surfing.

eFoils: The Surf Feeling Without the Wake

For anyone drawn to the idea of surfing on a lake without the ecological and noise impacts, there's another way to find it that works on completely different physics using an all-electric motor.

On it's own, an eFoil lifts itself out of the water. Once you're up to speed, the hydrofoil wing generates lift, the board rises above the surface, and you're riding on air rather than a wave. At that point, you're not displacing water the way a boat does, and you're generating virtually no wake. The silence is one of the first things riders notice. There's no engine noise, no exhaust, and no gasoline required.

The ride itself has a lot in common with what draws people to surfing and wakesurfing. The body mechanics are similar and the sensation of carving a turn while floating above the water is genuinely hard to describe until you've felt it. Riders who come from a surf or snowboarding are often riding in the first 30 minutes. Those with no board sport experience at all can typically get up and riding within an hour with help from a coach.

Glyde Watersports carries Fliteboard eFoils, offering lessons and demo experiences on lakes in both Eastern Minnesota and Western Wisconsin. A two-hour one-on-one session is a good way to find out whether eFoiling fits what you're after. 

Of course, eFoiling is a different sport from wakesurfing - not a replacement for it. People who love the social experience of a boat, the ability to pull multiple riders, and the specific feel of surfing a boat-generated wave aren't going to find the same thing on a solo electric board. But for riders who want that surfing sensation on flat water without a boat (or who are looking for something they can take to lakes where wake boats aren't permitted) an eFoil opens up a lot of water.

No wake means more lakes to explore. Because eFoils generate virtually no wake and run on electricity with no emissions, they're compatible with many bodies of water where motorized watercraft with larger footprints aren't welcome. This is critical as regulations around wake-enhanced boating continue to evolve.

Frequently Asked Questions

Q: Does Wisconsin AB 1033 include a minimum water depth for wakesurfing?
A: No. As passed by the Assembly, AB 1033 does not include a depth requirement, only the 300-foot distance setback from shore, structures, and other people or vessels. Critics of the bill have pointed to this gap, noting that the University of Minnesota's Phase 2 SAFL research recommends that wake boats in surfing mode operate in at least 20 feet of water. A competing Senate bill, SB 1024, does include a 20-foot depth requirement.

Q: How does an eFoil compare to wakesurfing from an environmental standpoint?
A: The two operate very differently. Wakesurfing requires a motorboat running at slow speeds with full ballast, producing a large wake and significant underwater turbulence. It also poses risk to transporting invasive species, another highly contested topic. An eFoil is a self-contained electric board that lifts above the water on a hydrofoil; once foiling, it generates virtually no wake and no underwater prop wash, uses no fuel, and operates quietly. The SAFL research specifically flagged the propeller wash and slow-speed turbulence of wake boats as the primary drivers of lakebed disturbance, conditions that don't apply to an eFoil.

Q: Can eFoils be used on Wisconsin lakes where wake boats may eventually face restrictions?
A: So far, yes: eFoils are typically compatible with a much wider range of lakes than wake-enhanced boats, including many that restrict or prohibit motorized watercraft. Always confirm the specific rules for any lake before heading out, as regulations vary by body of water. Glyde Watersports operates in Eastern Minnesota and Western Wisconsin and can help point you toward appropriate locations for your first rides - give us a call!

Have more questions about eFoils? Visit our full FAQ page for answers to the most common questions about eFoiling, Fliteboard, lessons, and more.

What Comes Next

The Wisconsin Senate will need to act on the wake boat legislation before the current session closes. Whether lawmakers align with AB 1033's approach, the more restrictive SB 1024, or find some middle ground will shape how every wake boat owner, lakeside property owner, and water recreationalist uses Wisconsin lakes going into this summer and beyond.

The SAFL research program's Phase 3 results - examining how wake boat waves compare to wind-driven waves - are expected to add another data point to a conversation that isn't going to quiet down anytime soon.

If you're curious about eFoiling, or want to experience what flying above the water actually feels like, book an eFoil lesson with Glyde this season. We run sessions across Eastern Minnesota and Western Wisconsin on lakes well-suited to getting you up and riding.

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