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City may reverse ban on launching boats

Change would allow canoes, kayaks access to river

Aug. 5, 2009 | 0 comments

On an unseasonably warm day in March, two Wauwatosa aldermen strapped on their life jackets and launched kayaks in the Menomonee River.

As they made their way from north of Capitol Drive to Hart Park, people waved and shouted that they too wish they had a boat on the waterway.

"We saw deer and ducks and all kinds of wildlife. It was great," Alderman Brian Ewerdt said.

It was only after they completed their trip that Ewerdt and Tim Hanson heard rumblings that perhaps they had set a bad example because Wauwatosa has an ordinance that prohibits people from launching boats in the city.

Now the duo are trying to get that ordinance repealed so boating enthusiasts can use paddle-powered watercraft on the river.

Aldermen back the idea

The Common Council on Tuesday sent the issue to the Community Development Committee for a second round of discussion, as is standard for any potential ordinance changes. On the first go-round, the committee unanimously voted in support and members said they do not expect any changes of heart when they come back from the summer hiatus in September.

State law stipulates all navigable waters in Wisconsin are held in trust for use by the public, so Ewerdt did not realize there would be a problem with boating on the river.

In a way, the alderman was correct in his assumptions, City Attorney Alan Kesner said. The self-propelled boating on the waterway is legal, but actually getting onto the river is the sticking point.

The land along the river is designated as parkway and owned by Milwaukee County. While the county prohibits motorized watercraft on the river, its ordinance makes an exception for self-propelled boats. The city, however, prohibits launching watercraft from county lands.

In fact, a look at the county Web site shows that the county actually encourages the use of kayaks, canoes and paddleboats, Kesner said.

"It's good exercise and there is no pollution since there is no motor," Hanson said. "It's a cheap form of entertainment."

'We need to fix this'

The aldermen spent about three hours that spring day kayaking through Wauwatosa and are eager to give it another go.

"I don't want to set a bad example, so I'm thinking we need to fix this," he said.

Kesner said he believes the county has changed its rules over time and Wauwatosa was unaware the local ordinance simply was never repealed. This change would bring the two jurisdictions into alignment.

During the initial discussions on the Hart Park development, city officials floated the idea of canoe launch site on Menomonee River, but those plans have not moved forward, Hanson said.

Ewerdt said he can envision someone setting up a small canoe rental business who would drive people to the start of the river in Wauwatosa, drop them off and let them paddle back to Hart Park.

AT A GLANCE

WHAT: Wauwatosa Community Development Committee will discuss repealing an ordinance that prohibits launching watercraft

WHEN: 8 p.m. Sept. 1

WHERE: City Hall, 7725 W. North Ave.

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