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Bass Fishing

Can a land owner force you out of a public stream?

Uploaded on August 16, 2009

The other day, I was fishing in Mill Creek, a small creek that is located near Port Huron, Michigan, and was approached by the owner of the land that I was fishing near. He was upset and wanted me to leave the property immediately. Now I want to know if he has the right to force me off of the land or not? I had bridge access to the area, was not past the high tide markings, and did not have to travel through his property to get to the fishing area. I would really like to know, for the next time I come across him, if I can fish there.

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All Replies
from DanCS wrote 2 years 40 weeks ago

The laws vary state to state. Here in PA If the stream is "trout approved" you can walk the shorline on private property. So check locally.

+4 Good Comment? | | Report
from libertyfirst wrote 2 years 40 weeks ago

In Maine as well you can walk the shore line on fishing streams. If it get to be an issue step into the water. All water that I know of is public.

+3 Good Comment? | | Report
from bassfisha13 wrote 2 years 40 weeks ago

Okay, thanks a lot! I am pretty sure I'm allowed on the property now.

+2 Good Comment? | | Report
from platte river rat wrote 2 years 40 weeks ago

Here in NE, the landowner owns the land from the bank to the middle of the stream. you can use the water in the stream with a boat,etc,but if you touch the bottom of the stream or the bank you are treaspassing.

+2 Good Comment? | | Report
from alabamaoutlaw wrote 2 years 39 weeks ago

If you can fish it from a boat ,and stay in the boat theU.S. Army Corp of engineers owns and controls all navagable waters of the U.S..Go to their website and they have maps of water under their control along with all wetlands that border this streams and waterways.Now one owns navagable waters.
Alabamaoutlaw

+4 Good Comment? | | Report
from LouDaPainter wrote 2 years 39 weeks ago

As a Michigan resident and fisherman I give you this information directly from the Michigan DNR website, web adress for this info at the bottom of this. There is much more info on their site than I can possibly give here, so I suggest checking it out. Hope it helps you.

Anglers in Michigan have the right to enjoy their sport free from unreasonable and deliberate obstruction or interference. Angler harassment is a misdemeanor offense. Law enforcement officers may issue a citation for violations which take place in their presence, or may arrest with a warrant obtained on information provided by the affected angler.

When reporting any physical or other deliberate anti-angler confrontation, anglers should note the following points; who, what, where, when, and how. The Angler being harrassed should not under any circumstances become involved in a physical confrontation with any individual

http://www.michigan.gov/dnr/0,1607,7-153-10364_52261-70417--,00.html

+5 Good Comment? | | Report
from zimmejac wrote 2 years 39 weeks ago

here in Wisconsin a lot of land owners don't own the land within at-least six feet of the stream and don't want to because if the water gets polluted they can get blamed for it. You should still chech your local listings first thow

+3 Good Comment? | | Report
from steven1956 wrote 2 years 38 weeks ago

Correct me if I am wrong but I do not belive you can own water in the U.S. So if I walk down the middle of a steam its not agianst the law.

+2 Good Comment? | | Report
from AndyH wrote 2 years 38 weeks ago

Most landowners can't but the Government can. Go figure?

+2 Good Comment? | | Report
from jaweatherholtz wrote 2 years 37 weeks ago

I know in Va it must be visibly posted no trespassing from the stream. How else would you know if you're wading along and cross a property line. Landowners in Va own the stream bottom half way accross. Better be 100% sure. Not worth the fine. Contact your local conservation officer. He can clarify the not so easily understood laws.

+2 Good Comment? | | Report
from Kentucky Hunter wrote 2 years 36 weeks ago

in ky you must stay in the water not on the bank .as the cop told me .

+2 Good Comment? | | Report
from 7Derrick wrote 2 years 36 weeks ago

"in ky you must stay in the water not on the bank .as the cop told me "

What if the creek dries up or goes under ground (as occurs sometimes in the mountains as I was astonished to see)? Now I know that if the creek is so low that it can go under ground; fishing the stream would be useless. I guess I'm just wondering what would happen, because you wouldn't be walking in water any more.

+2 Good Comment? | | Report
from bamaoutdoorsman93 wrote 2 years 30 weeks ago

I know right, andyh? but yeah, as far as I know in alabama if its public ur in the clear. I would check first just in case. What part of alabama are you in alabamaoutlaw?

+2 Good Comment? | | Report
from thuroy wrote 2 years 30 weeks ago

Here in the state of Michigan it depends on the type of stream. Out West the stream could run through the middle of your property and you can't touch it deppending on water rights.

+1 Good Comment? | | Report
from thuroy wrote 2 years 30 weeks ago

Check the Michigan DNR website or you can even give them a call on there non-emergency line. www.michigan.gov/dnr or 989 684-9141 for the Bay City office

+3 Good Comment? | | Report
from ricochet wrote 2 years 23 weeks ago

Yea, get it from the state DNR to be sure. Usually if it's navigable water, it's public. You need to be in it though, not on the bank. Landowners do own lakes, ponds and impoundments.
As stated, in Va. it's privately owned half-way across the stream and to keep anyone off, it needs to be posted and fenced. It is confusing if you're working a stream and come across a fence in it, but that means stop. I think it was originally started due to cattle moving around too much.

+2 Good Comment? | | Report
from ricochet wrote 2 years 23 weeks ago

That half-way law applies if the stream is a property boundary

+2 Good Comment? | | Report
from buckhunter wrote 2 years 23 weeks ago

In Ohio you may float a stream but once you touch bottom you are on private property.

+2 Good Comment? | | Report
from matt wasson wrote 2 years 23 weeks ago

Lou da Painter got it right! check the website !! As long as your within the regs catch all you can!

+2 Good Comment? | | Report
from Dakotah Dan wrote 2 years 23 weeks ago

Here is more from the MI DNR: Angler Rights On Public Streams

On fenced or posted property or farm property, a fisherman wading or floating a navigable public stream may, without written or oral consent, enter upon property within the clearly defined banks of the stream or, without damaging farm products, walk a route as closely proximate to the clearly defined bank as possible when necessary to avoid a natural or artificial hazard or obstruction, including, but not limited to, a dam, deep hole, or a fence or other exercise of ownership by the riparian owner.

+2 Good Comment? | | Report
from ricochet wrote 2 years 23 weeks ago

dakotah dan, Good info, it sounds like you can go around the fence then, as long as you don't damage it? I guess the next argument is what's navigable?

+1 Good Comment? | | Report
from bigjake wrote 2 years 23 weeks ago

On New Brunswick waters anglers must stay below the high water mark and it must be on moving water, on lakes and ponds it isnt legal.Any rivers that have atlantic salmon runs are not open public shoreline traffic if on private land.

+3 Good Comment? | | Report
from ilikehunting wrote 2 years 23 weeks ago

if the water is navigable by boat it is public water..in missouri anyway

+2 Good Comment? | | Report
from Clay Cooper wrote 2 years 23 weeks ago

DanCS good post and a +1 for you!

If I remember right, if your rafting/canoeing Wyoming and as long as you don't touch bottom, your safe!If you get hung up and must get out even standing in knee deap water, you can be charged for trespass!

Here in Arkansas,

Posting Land Requirements

Who may post property? The owner or lessee.

How should property be posted? By enclosing land with a fence; or forest land:

Signs may be placed not more than 100 feet apart and at each road entrance. The signs shall bear the words “POSTED” and/or “NO TRESPASSING” in letters at least 4 inches tall. Signs shall be readily visible to a person approaching the property.

Vertical paint marks at least 8 inches in length may be placed on trees or posts no more than 100 feet apart and at each road entrance. The paint marks shall not be less than three feet nor more than five feet high, and shall be readily visible to a person approaching the property.

Cultivated land, orchards, pasture land, impoundments, other:

Same as (1) or (2) but the distance between signs or paint marks may be up to 1,000 feet.

Which paint should be used?

Posting paint is purple tree-marking paint prescribed by the Arkansas Forestry Commission at (501) 296-1940. Most paint stores can help.

0 Good Comment? | | Report
from Clay Cooper wrote 2 years 23 weeks ago

Michigan Law

Recreational Trespass

Trespassing is illegal and seriously erodes support for recreational hunting. Permission is required from the landowner or leaseholder before you may hunt on any farm lands or connected wood lots or on any posted private lands. Landowners may grant verbal permission. Hunters are required to produce their hunting license to landowners upon request.

If you wound an animal or bird and it runs or flies onto private property, you have no legal right to pursue it without permission of the landowner. Without permission of the landowner, you are trespassing and subject to prosecution.

Need to call your Fish and Game to find out more. Their may be a chance that person was in violation of the law!

0 Good Comment? | | Report
from Clay Cooper wrote 2 years 23 weeks ago

I primarily hunt Forrest Land and hunted it long enough to know where Forrest Property and Private lays. Once n a while I will come across a nut job and say the following.

Picture this!

I'm sorry sir, I've been Federally incarcerated for 20 years and a lot has changed!

Talk about making someone backup real fast!! LOL!

This makes the person rethink their hostility and becomes real nice. Then after a few minutes of reassuring the person I'm no threat and everything has calmed down, I'll tell him the truth I was in the Military for 20 years, whats the difference!

0 Good Comment? | | Report
from Clay Cooper wrote 2 years 23 weeks ago

Ina Alaska, I know if your standing in the river even ankle deep your safe!

0 Good Comment? | | Report
from Clay Cooper wrote 2 years 23 weeks ago

Ina? New word?

0 Good Comment? | | Report
from deltabuck wrote 2 years 22 weeks ago

In MS where we duck hunt is a flooded river that spills into an agriculture field. The landowner called the game warden on us and the game warden told us we were legal as long as it was publicly accessible water. But if we anchored or stepped out of the boat, he would have to write us a ticket. Kinda crazy. It was like a bass tournament, you cant get out and push your boat into a hole. Its like electricity playing tag when you were a kid. The water only covers their property. So if you touch the bottom, whether 2 inches or 20 feet, you are trespassing in MS. Or at least thats how it was explained to me by an officer

+1 Good Comment? | | Report
from 4trx300 wrote 2 years 22 weeks ago

clay cooper,picture this...20 year felon huh,,?get on the ground boy that felony time and that means no guns.citizen arrest.

+1 Good Comment? | | Report
from oddg241 wrote 2 years 22 weeks ago

4trx300 you need to read clay cooper's comment again all the way to the end. He said he tells them he was in the service for 20 years.

+1 Good Comment? | | Report
from stephensfamily@... wrote 2 years 22 weeks ago

Yes water can be owned. Colorado sells water to surrounding states and California.
As previously mentiond, the law in Co. states the private land includes the shore and the bottom of waterway.

+2 Good Comment? | | Report
from 4trx300 wrote 2 years 22 weeks ago

oddg241,yeah i caught that the first time.but he also stated that he withheld that little bit of info till the end of his conversation.i was simply exposeing a hypotheticle situation that could happen if one were to run across someone crazier than he.no insults intended just havin a little fun.maybe im nutz or paranoid but hey i thought it was funny.

+1 Good Comment? | | Report
from DA Yooper wrote 2 years 18 weeks ago

if your in the water they cant do a thing

-1 Good Comment? | | Report
from alabamaoutlaw wrote 2 years 18 weeks ago

Go to th U.S.Corp of engineers site they own all navagible water of the U.S. I can't even build a dock in my back yard without a permit from them.And i own both sides of the waterway.

0 Good Comment? | | Report
from matouse3 wrote 2 years 18 weeks ago

In MI, the waterways have to be navigable for you to lawfully walk in the stream.

0 Good Comment? | | Report

Post a Reply

from LouDaPainter wrote 2 years 39 weeks ago

As a Michigan resident and fisherman I give you this information directly from the Michigan DNR website, web adress for this info at the bottom of this. There is much more info on their site than I can possibly give here, so I suggest checking it out. Hope it helps you.

Anglers in Michigan have the right to enjoy their sport free from unreasonable and deliberate obstruction or interference. Angler harassment is a misdemeanor offense. Law enforcement officers may issue a citation for violations which take place in their presence, or may arrest with a warrant obtained on information provided by the affected angler.

When reporting any physical or other deliberate anti-angler confrontation, anglers should note the following points; who, what, where, when, and how. The Angler being harrassed should not under any circumstances become involved in a physical confrontation with any individual

http://www.michigan.gov/dnr/0,1607,7-153-10364_52261-70417--,00.html

+5 Good Comment? | | Report
from DanCS wrote 2 years 40 weeks ago

The laws vary state to state. Here in PA If the stream is "trout approved" you can walk the shorline on private property. So check locally.

+4 Good Comment? | | Report
from alabamaoutlaw wrote 2 years 39 weeks ago

If you can fish it from a boat ,and stay in the boat theU.S. Army Corp of engineers owns and controls all navagable waters of the U.S..Go to their website and they have maps of water under their control along with all wetlands that border this streams and waterways.Now one owns navagable waters.
Alabamaoutlaw

+4 Good Comment? | | Report
from libertyfirst wrote 2 years 40 weeks ago

In Maine as well you can walk the shore line on fishing streams. If it get to be an issue step into the water. All water that I know of is public.

+3 Good Comment? | | Report
from zimmejac wrote 2 years 39 weeks ago

here in Wisconsin a lot of land owners don't own the land within at-least six feet of the stream and don't want to because if the water gets polluted they can get blamed for it. You should still chech your local listings first thow

+3 Good Comment? | | Report
from thuroy wrote 2 years 30 weeks ago

Check the Michigan DNR website or you can even give them a call on there non-emergency line. www.michigan.gov/dnr or 989 684-9141 for the Bay City office

+3 Good Comment? | | Report
from bigjake wrote 2 years 23 weeks ago

On New Brunswick waters anglers must stay below the high water mark and it must be on moving water, on lakes and ponds it isnt legal.Any rivers that have atlantic salmon runs are not open public shoreline traffic if on private land.

+3 Good Comment? | | Report
from bassfisha13 wrote 2 years 40 weeks ago

Okay, thanks a lot! I am pretty sure I'm allowed on the property now.

+2 Good Comment? | | Report
from platte river rat wrote 2 years 40 weeks ago

Here in NE, the landowner owns the land from the bank to the middle of the stream. you can use the water in the stream with a boat,etc,but if you touch the bottom of the stream or the bank you are treaspassing.

+2 Good Comment? | | Report
from steven1956 wrote 2 years 38 weeks ago

Correct me if I am wrong but I do not belive you can own water in the U.S. So if I walk down the middle of a steam its not agianst the law.

+2 Good Comment? | | Report
from AndyH wrote 2 years 38 weeks ago

Most landowners can't but the Government can. Go figure?

+2 Good Comment? | | Report
from jaweatherholtz wrote 2 years 37 weeks ago

I know in Va it must be visibly posted no trespassing from the stream. How else would you know if you're wading along and cross a property line. Landowners in Va own the stream bottom half way accross. Better be 100% sure. Not worth the fine. Contact your local conservation officer. He can clarify the not so easily understood laws.

+2 Good Comment? | | Report
from Kentucky Hunter wrote 2 years 36 weeks ago

in ky you must stay in the water not on the bank .as the cop told me .

+2 Good Comment? | | Report
from 7Derrick wrote 2 years 36 weeks ago

"in ky you must stay in the water not on the bank .as the cop told me "

What if the creek dries up or goes under ground (as occurs sometimes in the mountains as I was astonished to see)? Now I know that if the creek is so low that it can go under ground; fishing the stream would be useless. I guess I'm just wondering what would happen, because you wouldn't be walking in water any more.

+2 Good Comment? | | Report
from bamaoutdoorsman93 wrote 2 years 30 weeks ago

I know right, andyh? but yeah, as far as I know in alabama if its public ur in the clear. I would check first just in case. What part of alabama are you in alabamaoutlaw?

+2 Good Comment? | | Report
from ricochet wrote 2 years 23 weeks ago

Yea, get it from the state DNR to be sure. Usually if it's navigable water, it's public. You need to be in it though, not on the bank. Landowners do own lakes, ponds and impoundments.
As stated, in Va. it's privately owned half-way across the stream and to keep anyone off, it needs to be posted and fenced. It is confusing if you're working a stream and come across a fence in it, but that means stop. I think it was originally started due to cattle moving around too much.

+2 Good Comment? | | Report
from ricochet wrote 2 years 23 weeks ago

That half-way law applies if the stream is a property boundary

+2 Good Comment? | | Report
from buckhunter wrote 2 years 23 weeks ago

In Ohio you may float a stream but once you touch bottom you are on private property.

+2 Good Comment? | | Report
from matt wasson wrote 2 years 23 weeks ago

Lou da Painter got it right! check the website !! As long as your within the regs catch all you can!

+2 Good Comment? | | Report
from Dakotah Dan wrote 2 years 23 weeks ago

Here is more from the MI DNR: Angler Rights On Public Streams

On fenced or posted property or farm property, a fisherman wading or floating a navigable public stream may, without written or oral consent, enter upon property within the clearly defined banks of the stream or, without damaging farm products, walk a route as closely proximate to the clearly defined bank as possible when necessary to avoid a natural or artificial hazard or obstruction, including, but not limited to, a dam, deep hole, or a fence or other exercise of ownership by the riparian owner.

+2 Good Comment? | | Report
from ilikehunting wrote 2 years 23 weeks ago

if the water is navigable by boat it is public water..in missouri anyway

+2 Good Comment? | | Report
from stephensfamily@... wrote 2 years 22 weeks ago

Yes water can be owned. Colorado sells water to surrounding states and California.
As previously mentiond, the law in Co. states the private land includes the shore and the bottom of waterway.

+2 Good Comment? | | Report
from thuroy wrote 2 years 30 weeks ago

Here in the state of Michigan it depends on the type of stream. Out West the stream could run through the middle of your property and you can't touch it deppending on water rights.

+1 Good Comment? | | Report
from ricochet wrote 2 years 23 weeks ago

dakotah dan, Good info, it sounds like you can go around the fence then, as long as you don't damage it? I guess the next argument is what's navigable?

+1 Good Comment? | | Report
from deltabuck wrote 2 years 22 weeks ago

In MS where we duck hunt is a flooded river that spills into an agriculture field. The landowner called the game warden on us and the game warden told us we were legal as long as it was publicly accessible water. But if we anchored or stepped out of the boat, he would have to write us a ticket. Kinda crazy. It was like a bass tournament, you cant get out and push your boat into a hole. Its like electricity playing tag when you were a kid. The water only covers their property. So if you touch the bottom, whether 2 inches or 20 feet, you are trespassing in MS. Or at least thats how it was explained to me by an officer

+1 Good Comment? | | Report
from 4trx300 wrote 2 years 22 weeks ago

clay cooper,picture this...20 year felon huh,,?get on the ground boy that felony time and that means no guns.citizen arrest.

+1 Good Comment? | | Report
from oddg241 wrote 2 years 22 weeks ago

4trx300 you need to read clay cooper's comment again all the way to the end. He said he tells them he was in the service for 20 years.

+1 Good Comment? | | Report
from 4trx300 wrote 2 years 22 weeks ago

oddg241,yeah i caught that the first time.but he also stated that he withheld that little bit of info till the end of his conversation.i was simply exposeing a hypotheticle situation that could happen if one were to run across someone crazier than he.no insults intended just havin a little fun.maybe im nutz or paranoid but hey i thought it was funny.

+1 Good Comment? | | Report
from Clay Cooper wrote 2 years 23 weeks ago

DanCS good post and a +1 for you!

If I remember right, if your rafting/canoeing Wyoming and as long as you don't touch bottom, your safe!If you get hung up and must get out even standing in knee deap water, you can be charged for trespass!

Here in Arkansas,

Posting Land Requirements

Who may post property? The owner or lessee.

How should property be posted? By enclosing land with a fence; or forest land:

Signs may be placed not more than 100 feet apart and at each road entrance. The signs shall bear the words “POSTED” and/or “NO TRESPASSING” in letters at least 4 inches tall. Signs shall be readily visible to a person approaching the property.

Vertical paint marks at least 8 inches in length may be placed on trees or posts no more than 100 feet apart and at each road entrance. The paint marks shall not be less than three feet nor more than five feet high, and shall be readily visible to a person approaching the property.

Cultivated land, orchards, pasture land, impoundments, other:

Same as (1) or (2) but the distance between signs or paint marks may be up to 1,000 feet.

Which paint should be used?

Posting paint is purple tree-marking paint prescribed by the Arkansas Forestry Commission at (501) 296-1940. Most paint stores can help.

0 Good Comment? | | Report
from Clay Cooper wrote 2 years 23 weeks ago

Michigan Law

Recreational Trespass

Trespassing is illegal and seriously erodes support for recreational hunting. Permission is required from the landowner or leaseholder before you may hunt on any farm lands or connected wood lots or on any posted private lands. Landowners may grant verbal permission. Hunters are required to produce their hunting license to landowners upon request.

If you wound an animal or bird and it runs or flies onto private property, you have no legal right to pursue it without permission of the landowner. Without permission of the landowner, you are trespassing and subject to prosecution.

Need to call your Fish and Game to find out more. Their may be a chance that person was in violation of the law!

0 Good Comment? | | Report
from Clay Cooper wrote 2 years 23 weeks ago

I primarily hunt Forrest Land and hunted it long enough to know where Forrest Property and Private lays. Once n a while I will come across a nut job and say the following.

Picture this!

I'm sorry sir, I've been Federally incarcerated for 20 years and a lot has changed!

Talk about making someone backup real fast!! LOL!

This makes the person rethink their hostility and becomes real nice. Then after a few minutes of reassuring the person I'm no threat and everything has calmed down, I'll tell him the truth I was in the Military for 20 years, whats the difference!

0 Good Comment? | | Report
from Clay Cooper wrote 2 years 23 weeks ago

Ina Alaska, I know if your standing in the river even ankle deep your safe!

0 Good Comment? | | Report
from Clay Cooper wrote 2 years 23 weeks ago

Ina? New word?

0 Good Comment? | | Report
from alabamaoutlaw wrote 2 years 18 weeks ago

Go to th U.S.Corp of engineers site they own all navagible water of the U.S. I can't even build a dock in my back yard without a permit from them.And i own both sides of the waterway.

0 Good Comment? | | Report
from matouse3 wrote 2 years 18 weeks ago

In MI, the waterways have to be navigable for you to lawfully walk in the stream.

0 Good Comment? | | Report
from DA Yooper wrote 2 years 18 weeks ago

if your in the water they cant do a thing

-1 Good Comment? | | Report

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