What legally qualifies a no wake zone?

[dingbat]

Re: What legally qualifies a no wake zone?

Question: What legally qualifies an area as a no wake zone? Who decides this and keeps track of it?

I'd like to know so next time I can help folks understand how it works.

Thanks a bunch!

John
Richmond, VA

29.1-744. Local regulation; application for placement or removal of "no wake" buoys, etc.

A. Any political subdivision of this Commonwealth may, at any time, but only after public notice, formally apply to the Board for special rules and regulations with reference to the safe and reasonable operation of vessels on any water within its territorial limits and shall specify in the application the reasons which make the special rules or regulations necessary or appropriate. B. The Board is authorized upon application by a political subdivision or its own motion to make special or general rules and regulations with reference to the safe and reasonable operation of vessels on any waters within the territorial limits of any political subdivision of this Commonwealth[/B]. Without limiting the generality of the grant of such power, a system of regulatory or navigational markers may be adopted by the Board. Nothing in this section shall be construed to affect the application of any general law concerning the tidal waters of this Commonwealth.

C. Any county, city or town of this Commonwealth may enact ordinances which parallel general law regulating the operation of vessels on any waters within its territorial limits, including the marginal adjacent ocean, and the conduct and activity of any person using such waters. The locality may also provide for enforcement and penalties for the violation of the ordinances, provided the penalties do not exceed the penalties provided in this chapter for similar offenses. D. After notice to the Department, any county, city or town may, by ordinance, establish "no wake" zones along the waterways within the locality in order to protect public safety and prevent erosion damage to adjacent property. However, any county that is adjacent to an inland lake (i) more than 500 feet above sea level and (ii) of 20,000 acres or more and wholly located within the Commonwealth may, by ordinance, establish "no wake" zones along such lake within the locality in order to protect public safety or prevent erosion damage to adjacent property. The markers and buoys designating a no wake zone shall conform to the requirements established by the Board. Any marker or buoy which is not placed in conformance with the regulations of the Board or which is not properly maintained shall be removed by the locality. The locality may provide for enforcement and penalties for the violation of the ordinance.

E. Any person who desires to place or remove "no wake" buoys or other markers relating to the safe and efficient operation of vessels pursuant to any local ordinance shall apply to the local governing body. The local governing body shall approve, disapprove or approve with modifications the application and forward it to the Director, who shall approve, disapprove or approve with modifications within thirty days the placement and type of marker to be used or the removal of "no wake" buoys or other markers. The cost of the purchase and placement or the removal of the buoys or markers shall be borne by the person requesting the placement or removal of the buoys or markers. Any marker or buoy which is not placed in conformance with the regulations of the Board or which is not properly maintained may be removed by the Department. "No wake" buoys or other markers placed prior to July 1, 2001, shall only be removed when no longer required for the safe and efficient operation of vessels pursuant to any local ordinance.

 

[Brewman61]

Re: What legally qualifies a no wake zone?

Anyone who doesn't have the patience to slow down as required could be stopped and I guarantee you that will take longer than the few minutes of extra time required to travel the no wake zone at closed throttle speed. Most craft I've observed leave no significant wake when traveling at no wake speed. Almost all of our no wake zones are very narrow with little room for error, especially on a busy weekend hor holiday. Unless water levels are at a certain level, we are more worried about excessive speed near shore, docks, rafts, and narrow navigation ways than the damage from the wake itself.

 

[H20Rat]

Re: What legally qualifies a no wake zone?

Anyone who doesn't have the patience to slow down as required could be stopped and I guarantee you that will take longer than the few minutes of extra time required to travel the no wake zone at closed throttle speed. Most craft I've observed leave no significant wake when traveling at no wake speed. Almost all of our no wake zones are very narrow with little room for error, especially on a busy weekend hor holiday. Unless water levels are at a certain level, we are more worried about excessive speed near shore, docks, rafts, and narrow navigation ways than the damage from the wake itself.

Those two statements tend to counter act each other. In a tight navigation channel, it is more important to maintain full control than to completely stop all wake. Most boats will tend to wander and respond sluggishly at no wake, but add a touch of throttle (and wake), and it improves dramatically.

The other problem I encounter with no wake is in current. I've got one area that is technically no wake, in about a 4 mph current. To make headway, I'm going with a pitot indicated speed of 6 or 7 mph, (3 mph on the gps) which is the start of the 'nose up plowing water' speed. That begs the question, would it be better to run on plane and put out almost no wake, or remain within the no wake speed and put out a fairly large wake...

 

[bonz_d]

Re: What legally qualifies a no wake zone?

There are a number of local lakes that I fish and boat and do have posted local odinance lake wide "No Wake" until 9am or 10 am depending on the lake. Yet I can be out there at 6am and for sure there will be a few idiots coming off the ramp, clearing the piers and then WOT!

 

[Home Cookin']

Re: What legally qualifies a no wake zone?

remember, "no wake" and "slow speed" are not always the same, although most places use "no wake" to also restrict speed. Forexample, wake doesn't affect bridges but low speed is often required for safety reasons.

A large part of our inner city harbor is "no wake" even in places that are at least a 1/4 mile wide, with industrial bulkheads, big ships/barges, or sea walls all along. Nothing to damage. Tug boats may slow down but they still put up a big wake. Pleasure boats get yelled at.

Part of the reason may be security since many of the ships, including those at the shipyard, are Navy. there's also a lot of traffic at times, including ferries.

the long stretch of no wake in open water is a big pain. Some people with small boats on a trailer, who could otherwise boat from home, trailer around.

 

[Lakes84]

Re: What legally qualifies a no wake zone?

Are you north of stillwater? Because the whole area south of stillwater to the mississippi is basically one big drag strip in between the 3 no wake areas. Or are you talking about your speed in the no wake areas?

No, South. From the Hudson Marina down to Prescott. Most of the partiers are just about a half a mile North of Prescott, some before that too. You're right, there are some drag strips through there. It's getting through the narrow areas there where you're less than 100 feet from everyone that is beaching their boats. Nothing wrong with that, but it's the yelling and insults when you are going so slow that you barely have control of your boat that drives me crazy. I haven't been there since last year, can't say I miss it.

 

[oldjeep]

Re: What legally qualifies a no wake zone?

No, South. From the Hudson Marina down to Prescott. Most of the partiers are just about a half a mile North of Prescott, some before that too. You're right, there are some drag strips through there. It's getting through the narrow areas there where you're less than 100 feet from everyone that is beaching their boats. Nothing wrong with that, but it's the yelling and insults when you are going so slow that you barely have control of your boat that drives me crazy. I haven't been there since last year, can't say I miss it.

I assume you are talking about the sand bars and channel at kinnickinnic state park, guess I've never seen that unless someone was going through creating a wake. There are usually enough law enforcement folks there to "educate" people who don't know what no-wake/close throttle means. I was just there Sunday for the first time in a couple years and it was pretty mellow except for the occasional person who can't figure out how to slow down, which really tosses the boats who are in 2 ft of water on the island side of the channel.

 

[spdracr39]

Re: What legally qualifies a no wake zone?

No wake distance is 100 feet here in Arkansas We try to abide by it because it is courteous not just because it's the law. I will say however if I had a dock it would be built to withstand wakes because I know there will be a lot of them. Especially when the dock is on the main body/channel of the lake. It is like expecting people not to speed on your street. You can want it stop but it ain't gonna happen.

 

[nlain]

Re: What legally qualifies a no wake zone?

Here is what Ga says
[h=2]Unlawful And Dangerous Operation[/h] Reckless Operation of a boat or PWC is the disregard for the safety of persons or property. Examples of are:

• Water skiing or dropping water skiers close to swimmers, launching ramps or other boaters
• Jumping the wake of another boat within 100 feet of that boat or buzzing other boats
• Causing damage from the wake of your boat

Improper Distance is not maintaining a proper distance while operating a boat or PWC or towing a person on water skis or any similar device. Specifically, it is illegal to:

• Operate a boat or PWC or tow a person on water skis or any similar device at greater than idle speed within 100 feet of a:
  - Moored or anchored boat or any boat adrift
  - Dock, pier or bridge
  - Person(s) in the water
  - Shoreline adjacent to a full - or part-time residence
  - Public park or beach or a swimming area
  - Marina, restaurant or other public use area
• Run around or within 100 feet of another boat at greater than idle speed unless you are overtaking or meeting the other boat in compliance with the rules for encountering other boats
• Follow closely behind another boat, jump the wake of the other boat or change course or direction in order to jump the wake of another boat

"Idle Speed" means to operate your boat or PWC at the slowest speed at which it is still possible to maintain steering control.

Failure to Regulate Speed is operating a boat or PWC at speeds that may cause danger, injury, damage, or unnecessary inconvenience either directly or by the effect of the boat?s wake. It is illegal to:

• Fail to regulate your speed near swimming areas, docks, moored boats and boats engaged in fishing
• Operate a boat or PWC faster than is reasonable and prudent under the conditions (weather, boat traffic)

Overloading is loading the boat beyond the recommended capacity shown on the capacity plate installed by the boat manufacturer.
Riding on Bow or Gunwale is illegal if the boat is not equipped with a railing or some other retaining device. As a boat operator, you are prohibited from allowing your passengers to ride on the bow or gunwale.

 

[Texasmark]

Re: What legally qualifies a no wake zone?

Yes if i got WOT my wake isn't to bad, at 18mph (wakeboard speed) it is big, at 13mph (wakesurf speed) it's HUGE....at 4mph its GONE

The wake/wave traveling away from boat could possibly be a bit faster at high speed causing it to be shorter but actually have more or similar energy as a larger wave. It will then crest and be larger when pushed up by shallow water. (similar to wind chop vs swells)

The energy is not the same due to the fact that there is less boat in contact with the water at WOT. Find an obscure bank where it's legal and go blasting by and check it out.

 

[Texasmark]

Re: What legally qualifies a no wake zone?

Exactly. I even if Texasmark thinks he's not raising a wake!

"thinks" has nothing to do with is sir, it is it's own visible evidence. I'm not running a ship.

Mark

 

[m casey stock]

Re: What legally qualifies a no wake zone?

Slowing down means to get completely off plane and allow the transom to rise with water coming in from astern against it. Otherwise 888 has the answer. In my Avatar I am doing 50 mph but the amplitude of my wake would qualify for no wake.

Mark

I cruise the Canal in the Alabama/ Florida area. many times we will meet a 35 to 40 footer and they will slow down. When they were on plane, the wake was okay, but when they slow down to an off plane cruise speed, the wake could throw someone from the boat. I have learned to watch for this and slow down to a crawl to ride them out while turning into them (the wakes). otherwise something or someone could get hurt. They think they are doing the right thing, but really it does make it worse. Each boat is different.

 

[captain zac]

Re: What legally qualifies a no wake zone?

I read one time where no wake was contested in court
the court determined with help from the coast guard that
at least this judge considered no wake is defined by no white water being made in front of the boat
and that the speed was not a factor
the speed of the boat would not do any damage but only the wake
Harry

 

[25thmustang]

Re: What legally qualifies a no wake zone?

I cruise the Canal in the Alabama/ Florida area. many times we will meet a 35 to 40 footer and they will slow down. When they were on plane, the wake was okay, but when they slow down to an off plane cruise speed, the wake could throw someone from the boat. I have learned to watch for this and slow down to a crawl to ride them out while turning into them (the wakes). otherwise something or someone could get hurt. They think they are doing the right thing, but really it does make it worse. Each boat is different.

That's simply a case of a misinformed boater. All boats have an idle speed that is considered no wake. The 35-40' guy that slows to plowing speeds has the right idea, but isn't slowing enough for you. Had they settled the boat into the water as idle speed, there truly would be very little wake to deal with.

As for areas of rivers, lakes, etc that are not no wake zones, it's just something every boater has to deal with.

 

[oldjeep]

Re: What legally qualifies a no wake zone?

I read one time where no wake was contested in court
the court determined with help from the coast guard that
at least this judge considered no wake is defined by no white water being made in front of the boat
and that the speed was not a factor
the speed of the boat would not do any damage but only the wake
Harry

Wouldn't work around here - the MN reg says:
Slow - no wake
means operating your boat at the slowest possible
speed necessary to maintain steerage, but in no case greater than five miles-per-hour.

 

[Ernest T]

Re: What legally qualifies a no wake zone?

Where I boat it's 150 feet from homes, docks, ether side of bridges, etc.. Problem, like the OP noted is that many private owners have no concept or idea of this distance. They simply put a bouy out at what they think is a good distance. Some are 2 or 3 times further than the 150 foot mark. The boat police are supposed to monitor this, but it's a low priority, and usually gets over looked. In one area a guy has actually put a bouy in the middle of the channel.......probably 500 feet from his dock. Everyone ignores it, and I've never seen anyone ticketed there.

I've tried to explain this to some owners, but it's hopeless. For them the no wake zone is wherever thy put their bouy. Fortunately the boat police know the rules and for the most part enforce them properly, despite where the no wake buoys are located.

 

[captain zac]

Re: What legally qualifies a no wake zone?

The judge determined that speed would be hard if not imposible to prove but if the law officers were watching they could see if the boat was pushing white water and that law enforcement would then be able to prove the wake .

Harry

Wouldn't work around here - the MN reg says:
Slow - no wake
means operating your boat at the slowest possible
speed necessary to maintain steerage, but in no case greater than five miles-per-hour.

 

[wattjd]

Re: What legally qualifies a no wake zone?

John, hello from RVA! Where were you getting yelled at by property owners? I had a similar situation in an area near the Hopewell ramp/marina where there is a narrow creek with lots of nice homes.