Chapter 11.32
SPECIAL RESTRICTIONS

Sections:

11.32.010    Lake Whatcom.

11.32.020    Lake Samish.

11.32.030    Silver Lake.

11.32.040    Birch Bay.

11.32.050    Cain Lake and Toad Lake.

11.32.060    Reed Lake.

11.32.070    Wiser Lake.

11.32.080    Lake Terrell.

11.32.090    Exceptions.

11.32.095    Severability.

11.32.010 Lake Whatcom.

The following restrictions shall apply on Lake Whatcom:

A. Water skiing is permitted only in a counterclockwise direction.

B. Maximum speed of vessels shall be 40 miles per hour, except for vessels taking part in a boating event authorized by sheriff’s permit, and except for seaplanes using normal procedures during periods of takeoff or landing.

C. Waters adjacent to Morning Beach Park Sudden Valley shall be restricted to swimming only.

D. The water adjacent to Afternoon Beach Park is restricted to no public access on the west side of a line that extends northerly from Point A of a point on the easterly line of Parcel A to Point B as shown on Exhibit “A” attached to the ordinance codified in subsections C and D of this section, and swimming and nonpower boats on the east side of said line.

Sudden Valley Community Association is authorized to cordon off the specific areas of Lake Whatcom to accomplish the purpose of subsections C and D of this section.

E. The operation of all two-stroke engine-powered watercraft on Lake Whatcom is hereafter prohibited, effective January 1, 2009, except as follows:

1. Watercraft powered by a two-stroke-powered engine whose engine is certified and labeled as meeting the 2006 or later model year United States Environmental Protection Agency (EPA) emissions standards, as specified in Title 40, Code of Federal Regulations, Part 91; or

2. Effective only until January 1, 2013, all carbureted two-stroke auxiliary sailboat engines; or

3. Effective only until January 1, 2013, all carbureted two-stroke engines of 10 horsepower or less; or

4. Effective only until January 1, 2013, all electronic fuel-injected (EFI) two-stroke engines originally purchased before August 2004; or

5. Effective only until January 1, 2013, watercraft powered by a two-stroke-powered engine whose engine is certified and labeled as meeting the United States Environmental Protection Agency (EPA) 2001 emissions standards, including Rotax fuel-injected (RFI) two-stroke engines. (Ord. 2019-059 Exh. A; Ord. 2008-012 Exh. A; Ord. 2007-038 Exh. A; Ord. 2004-042; Ord. 90-83 (part)).

11.32.020 Lake Samish.

The operation of all two-stroke engine-powered watercraft on Lake Samish is hereafter prohibited, effective November 1, 2020, except as follows:

A. Watercraft powered by a two-stroke-powered engine whose engine is certified and labeled as meeting the 2006 or later model year United States Environmental Protection Agency (EPA) emissions standards, as specified in 40 CFR Part 91. (Ord. 2019-059 Exh. A; Ord. 2008-012 Exh. A; Ord. 2007-038 Exh. A; Ord. 2004-042; Ord. 90-83 (part)).

11.32.030 Silver Lake.

The following restrictions shall apply on Silver Lake:

A. Water skiing is permitted only in a counterclockwise direction.

B. An official buoyline may be established cooperatively between the Whatcom County sheriff’s department, Whatcom County park department and representatives from the Silver Lake Property Owners’ Association; speed limits between the buoyline and the shoreline shall be idling or no wake.

C. For the entire area of Silver Lake the idling speed or no-wake provision shall be in force at all hours from the official opening day of fishing season until May 20th of each year; thereafter, until June 30th, the no-wake restriction shall be in force in the mornings before 10:00 a.m. and in the evenings after 7:00 p.m. Use of motorized vessels with more than 10 horsepower is prohibited. (Ord. 2019-059 Exh. A; Ord. 2008-012 Exh. A; Ord. 2007-038 Exh. A; Ord. 2004-042; Ord. 90-83 (part)).

11.32.040 Birch Bay.

It is unlawful for any person to water ski within 600 feet of the shoreline of all Birch Bay waters. (Ord. 2019-059 Exh. A; Ord. 2008-012 Exh. A; Ord. 2007-038 Exh. A; Ord. 2004-042; Ord. 90-83 (part)).

11.32.050 Cain Lake and Toad Lake.

The following restrictions shall apply on Cain Lake and Toad Lake:

A. Operation of boats and other conveyances having nonelectric motors is prohibited on Cain Lake and Toad Lake.

B. Speed shall be restricted to idling and/or no wake at all times. (Ord. 2019-059 Exh. A; Ord. 2008-012 Exh. A; Ord. 2007-038 Exh. A; Ord. 2004-042; Ord. 94-019; Ord. 90-83 (part)).

11.32.060 Reed Lake.

Only all-electric motors and/or manually powered boats are permitted to operate on Reed Lake. (Ord. 2019-059 Exh. A; Ord. 2008-012 Exh. A; Ord. 2007-038 Exh. A; Ord. 2004-042; Ord. 90-83 (part)).

11.32.070 Wiser Lake.

The following restrictions shall apply on Wiser Lake:

A. Speed is restricted to idling and/or no wake at all times from 8:00 p.m. to 12:00 noon the following day.

B. Water skiing is permitted from 12:00 noon to 8:00 p.m.

C. Speed is restricted to idling and/or no wake at all times west of the Guide Meridian from March 1st to October 15th.

D. Use of motorized vessels is prohibited upon the waters of Wiser Lake from October 15th to March 1st.

E. No water skiing is permitted from the public access dock.

F. Water skiing is permitted up to a maximum of six ski boats at any one time traveling in a counterclockwise direction.

G. Water skiing is permitted only in a counterclockwise direction. (Ord. 2019-059 Exh. A; Ord. 2008-012 Exh. A; Ord. 2007-038 Exh. A; Ord. 2004-042; Ord. 90-83 (part)).

11.32.080 Lake Terrell.

Speed is restricted to idling and/or no wake at all times. (Ord. 2019-059 Exh. A; Ord. 2008-012 Exh. A).

11.32.090 Exceptions.

No restrictions contained in this chapter shall be deemed to apply to persons or vessels engaged in emergency operations necessary to save life or property or in the performance of wildlife management activities undertaken by either county or state governmental agencies or their designees. (Ord. 2019-059 Exh. A; Ord. 2008-012 Exh. A; Ord. 2007-038 Exh. A; Ord. 2004-042; Ord. 2002-008; Ord. 94-019).

11.32.095 Severability.

If any provision of this chapter is held to be invalid, all other provisions shall remain in effect. (Ord. 2019-059 Exh. A; Ord. 2008-012 Exh. A; Ord. 2007-038 Exh. A; Ord. 2004-042; Ord. 94-019).