SLS 25RS-89 ORIGINAL 2025 Regular Session SENATE BILL NO. 85 BY SENATOR WHEAT Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. BOATS/BOATING. Provides for parishes to designate no-wake zones on state waterways. (8/1/25) 1 AN ACT 2 To amend and reenact R.S. 34:851.4(A)(17), 851.14.1(A), 851.27(B)(1) and (3) and (C), and 3 38:3086.24(F)(2)(a), relative to operation of watercraft; to provide for requirements 4 of careless operation; to provide for emergency closure of waterways; to provide for 5 parish authority, to provide for posting of no-wake zones, to provide for state 6 authority, to provide for enforcement, to provide for powers of the Bayou Lafourche 7 Fresh Water District; and to provide for related matters. 8 Be it enacted by the Legislature of Louisiana: 9 Section 1. R.S. 34:851.4(A)(17), 851.14.1(A), and 851.27(B)(1) and (3) and (C) are 10 hereby amended and reenacted to read as follows: 11 §851.4. Careless operation of a watercraft 12 A. Careless operation of a watercraft is the operation of a watercraft in a 13 careless manner so as to endanger the life, limb, or property of any person, when 14 such operation constitutes a violation of any of the following requirements: 15 * * * 16 (17) No person shall, under any circumstances, operate a vessel in excess of 17 an established speed or wake no-wake zone. Page 1 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 85 SLS 25RS-89 ORIGINAL 1 * * * 2 §851.14.1. Closure of waterways 3 A. In an emergency or disaster, as defined in R.S. 29:723, the secretary may 4 close any waterway, other than navigable waters of the United States as set forth in 5 33 CFR Part 2, to boating access, travel, or use or may restrict the type of use 6 including issuing no wake no-wake zones in any reasonable manner. Such closure 7 or restriction shall be for a period of time not to extend beyond the seventh day 8 following the next meeting of the Wildlife and Fisheries Commission. 9 * * * 10 §851.27. Local regulations prohibited; exceptions; speed limits; no-wake zones 11 * * * 12 B.(1) The governing authority of any parish or municipality may establish 13 and post speed limits and no-wake zones on waterways within its jurisdiction with 14 the exception of the Mississippi River, the Mississippi River Gulf Outlet, and the 15 Gulf Intracoastal Waterway. Such speed limits and no-wake zones, if established, 16 shall be posted along the affected waterway. No state law, rule, or regulation 17 establishing, limiting, or prohibiting no-wake zones shall be preempted by a no- 18 wake zone established by the governing authority of a parish or municipality 19 under the provisions of this Section. 20 * * * 21 (3) Speed limits and no-wake zones established under this Section shall be 22 enforced by the sheriffs, local law enforcement officers, state police and by 23 permanent status wildlife agents and duly commissioned wildlife agents and officers 24 who shall have the power to make arrests for purposes of such enforcement. 25 * * * 26 C. In addition to speed limits and no-wake zones established by any 27 governing authority of any parish or municipality under the provisions of this 28 Section, there are hereby established certain "no-wake" no-wake zones where each 29 vessel shall operate at bare steerage speed, the slowest speed the vessel can travel Page 2 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 85 SLS 25RS-89 ORIGINAL 1 while allowing the operator to maintain directional control of the vessel to produce 2 the minimum water surface turbulence. The "no-wake" no-wake zones are 3 established on all waterways within three hundred feet of any of the following 4 facilities: 5 * * * 6 Section 2. R.S. 38:3086.24(F)(2)(a) is hereby amended and reenacted to read as 7 follows: 8 §3086.24. Powers 9 * * * 10 F.(1) In order to accomplish the purposes of the district, the board may make 11 and enforce such rules, regulations, and ordinances it shall deem necessary: 12 * * * 13 (2) Notwithstanding R.S. 34:851.27 or any other provision of law to the 14 contrary, and upon a declaration of an emergency by the board that the size and 15 speed of watercraft traveling through the waterway needs to be regulated to protect 16 the integrity of the banks of the waterway due to low water levels or due to another 17 event causing the banks to be in peril of erosion or instability, the board may: 18 (a) Implement and enforce a "no-wake" no-wake zone where each watercraft 19 shall operate at bare steerage speed, the slowest speed the watercraft can travel while 20 allowing the operator to maintain directional control of the watercraft to produce the 21 minimum water surface turbulence. 22 * * * The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Senate Legislative Services. The keyword, summary, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] DIGEST SB 85 Original 2025 Regular Session Wheat Present law provides for establishment of maritime navigation zones wherein watercraft must operate at the slowest speed at which control can be maintained. Further designates such zones with inconsistent terms. Proposed law retains present law and applies the term "no-wake zone" to such zones Page 3 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 85 SLS 25RS-89 ORIGINAL uniformly in statute. Present law provides that the governing authority of any parish or municipality may establish and post speed limits on waterways with its jurisdiction, except the Mississippi River, the Mississippi River Gulf Outlet, and the Gulf Intracoastal Waterway, and requires such speed limits to be posted on the waterway. Proposed law retains present law and adds that governing authorities may establish and post no-wake zones on the same waterways. Further provides that establishment of a no-wake zone by a parish or municipal governing authority shall not preempt state law establishing, limiting, or prohibiting no-wake zones. Effective August 1, 2025. (Amends R.S. 34:851.4(A)(17), 851.14.1(A), and 851.27(B)(1) and (3) and (C), and R.S. 38:3086.24(F)(2)(a)) Page 4 of 4 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.