Petition to Remove the 11 a.m. – 4 p.m. PWC Restriction at Deep Creek Lake


1. PURPOSE
 
We respectfully request the full removal of the Deep Creek Lake regulation that prohibits personal watercraft (PWC) use between 11 a.m. and 4 p.m. on weekends and holidays from July 4th weekend through Labor Day. This policy, introduced decades ago due to noise, safety, and congestion concerns, is now outdated and unsupported by current technology, environmental research, lake usage data, and principles of fair and equal recreational access.   This petition calls on the Deep Creek Lake Policy and Review Board (PRB), the Maryland Department of Natural Resources (DNR), and the Boat Act Advisory Committee (BAAC) to amend COMAR 08.18.33.02.J(7) and eliminate this restriction permanently.


2. ORIGIN & CONTEXT OF THE RESTRICTION
  Implemented in the 1980s, the PWC restriction addressed concerns over: Loud, two stroke engine noise
Overcrowding and carrying capacity fears
Wake and erosion damage
Boating safety during peak hours
 
These concerns were based on conditions that no longer exist: Two stroke engines are obsolete and banned from new sale in Maryland.
Modern PWCs are significantly quieter and more environmentally friendly. Capacity data shows crowding is infrequent.
Safety regulations and vessel technology have advanced considerably. “I do not know how they are getting away with it. It is not consistent with the State Boat Act.” — Frank Wood, former DNR Police Superintendent


3. TECHNOLOGICAL ADVANCEMENTS
  Quieter Engines Modern PWCs run on four-stroke, closed-loop cooled engines and meet or exceed Maryland’s 88 dB(A) muffler law (COMAR 08.18.03.03).

Model
Idle
WOT (Full Throttle)
Sea-Doo GTI SE 130 (2023)
82.5 dB
87.9 dB
Yamaha VX Cruiser HO (2023)
83.2 dB
88.3 dB
Sea-Doo GTR 230 (2023)
83.0 dB
88.1 dB
Yamaha FX Limited SVHO
84.5 dB
89.5 dB
MasterCraft Wakeboat (comparison)
87.1 dB
93.2 dB

 Environmental Compliance All modern PWCs meet EPA and CARB 3-Star Ultra-Low Emission standards, emitting less noise, fewer pollutants, and no oil discharge compared to their predecessors.


4. UNDERWATER NOISE RESEARCH
 
Scientific studies conclude: University of Rhode Island (2021): PWCs emit 120–160 dB re 1 µPa — comparable to boats of similar power.
NOAA: Modern PWCs do not surpass behavioral thresholds for aquatic wildlife.
U.S. Army Corps (Raystown Lake): Sound levels are acceptable for multi-use recreation.
Naval Surface Warfare Center: Sounds are short-duration and non-harmful.
Wisconsin Sea Grant (2019): PWCs have a smaller acoustic footprint than many boats.
 
There is no scientific justification to classify PWCs as more harmful than other vessels in use on Deep Creek Lake. 



5. SAFETY & REGULATORY PARITY
 
Modern PWCs are equipped with: iBR braking and reverse systems
Speed governors and learner modes
GPS-restricted rentals
 
All PWC operators must follow: 100-ft buffer zones
6-knot proximity speed limits
Mandatory safety training for youth operators
  Yet PWCs alone face hourly restrictions, while larger and often louder vessels operate freely. This violates the State Boat Act’s principle of equal treatment.


6. ECONOMIC IMPACT & COMMUNITY TESTIMONY The 11 a.m. to 4 p.m. personal watercraft (PWC) restriction imposes significant economic harm on local businesses, tourism, and real estate. Carol Jacobs, President of Deep Creek’s Aquatic Center, states: “The restriction creates a logistical nightmare. We’re forced to cram renters into a 4 p.m. to 8 p.m. window. It’s like a NASCAR pit stop.” The impact on tourism is equally damaging. One visitor from Virginia reported turning around and returning home upon learning of the restriction, stating he would not return in the future. A New Jersey man, an avid jet ski enthusiast and fisherman who traveled to visit his daughter and meet her in-laws, cancelled his Airbnb reservation and drove home after discovering the regulation only upon arrival. This sentiment is not isolated. • Real estate listings now caution potential buyers with warnings such as “Limited Personal Watercraft Operation Hours.” • Tourists frequently cancel short-term bookings once they become aware of the restriction. • Rental providers suffer substantial income loss, face scheduling bottlenecks, and struggle with poor customer satisfaction due to the limited operating window. The regulation not only undermines the visitor experience but also directly disrupts revenue streams for businesses, lodging owners, and property sellers who rely on full recreational access to the lake.


7. LAKE CAPACITY: FACT VS. FEAR
 
Adjusted lake capacity: 452 vessels (ERM/DNR, 2004)
Capacity exceeded only 21 times in 22 years
PWC restriction enforced 35+ days per year
  The restriction is a blanket policy based on outdated fears,not actual congestion.


8. TIME LOST BY PWC RIDERS
 
5 hours/day × 33 peak days = 165 lost hours per season
PWCs are excluded during the warmest, most desirable hours
Equivalent to an entire week of lost recreation annually
  Other boats use these hours freely. PWC riders are unfairly penalized.


9. COMPARATIVE LAKE POLICY

Lake
State
Size
PWC Policy
Smith Mountain Lake
VA
20,600 ac
No hourly restrictions
Lake Norman
NC
32,500 ac
Full access
Raystown Lake
PA
8,300 ac
Standard boating laws only
Lake Anna
VA
13,000 ac
No PWC bans
Keuka Lake
NY
11,600 ac
All-day access
Candlewood Lake
CT
5,400 ac
Unrestricted use
Youghiogheny River Lake
MD/PA
4,000+ ac
No time-based bans
Deep Creek Lake
MD
3,900 ac
11 a.m.–4 p.m. ban

 Deep Creek is the only comparable public lake with a blanket PWC restriction.


10. COMMUNITY & LEADERSHIP SUPPORT
 
Robert Sutton, PRB Member & POA President: Actively supports science and data-driven policy updates.
 
Public Sentiment: “Holiday surges affect all boats, yet only PWCs are penalized.” — Garrett County Residents
Hundreds of petition signers on Change.org share similar frustrations: https://www.change.org/p/deep-creek-lake-policy-and-review-board-maryland-dnr-boat-act-advisory-committee-lift-the-11am-4pm-deep-creek-lake-personal-watercraft-restriction



11 RECOMMENDATIONS
 
Feature
Current
Proposed
PWC Ban
11 a.m. – 4 p.m. weekends/holidays
Fully remove the restriction
Noise Control
Muffler law
Add random lake-wide decibel checks (all vessels)
Complaint Process
Manual enforcement
Launch online reporting tool for all users
Policy Review
No review cycle
Establish biennial review process


12. LEGAL REQUEST 
We request that the PRB and DNR recommend a formal amendment to: COMAR 08.18.33.02.J(7) “A person may not operate a personal watercraft between the hours of 11 a.m. and 4 p.m. on Saturdays, Sundays, and holidays…” This clause must be removed to reflect:   Updated vessel technology
Equal application of state boating laws
Protection of local business and tourism
Modern scientific and environmental findings


13. CONCLUSION
  The 11–4 PWC restriction is a relic of a different time. It no longer aligns with: Current environmental research
Noise and safety data
Recreational equity standards
The modern needs of a tourism-driven community 
This restriction creates hardship, stifles business, and unfairly singles out one type of compliant watercraft. It is time to remove it entirely. We urge the PRB and Maryland DNR to act in the best interests of all lake users and eliminate this outdated and unjust policy.



14. THE BULLETPROOF CASE Possible objections — and here’s why they fail: 🔸 “It’s the law.” ✔️ Laws evolve. This one no longer meets legal standards for fairness or necessity. 🔸 “PWCs are noisy or dangerous.” ✔️ Modern models are quieter than wakeboats. Safety features far exceed those of many unrestricted craft. 🔸 “It helps with congestion and safety.” ✔️ Lake capacity data shows congestion is rare. Better enforcement, not discrimination, is the solution. 🔸 “Other lakes don’t compare.” ✔️ They do. And none ban PWCs like this. 🔸 “It works, why change it?” ✔️ Because it doesn’t work for everyone and it’s hurting Deep Creek’s future. ✅ FINAL WORD 📌 The tech has changed. 📌 The science has changed. 📌 The data has changed. 📌 The economy has changed. 📌 The community has changed. It’s time the law changes too.

https://www.tiktok.com/@jrftw/video/7524394300554235167

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