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wader trespassing


Farley

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All,

I would have to say when in doubt, ask the landowner for permission. It doesn't hurt to get on the good side of a landowner whose property abuts favorite fishing waters.

In my kneck of the woods, it only helps asking permission. More often than not, people simply trespass, in turn, [PoorWordUsage]ing off a landowner who won't be so willing to look the other way, or will go out of his/her way to make sure you can't access. Sp please talk with land owners. Get out the good old platt map.

You can access if where you accessed is public land. When in the stream/river or lake you are not trespassing. However, technically, you better hope you can cover all of that ground while in the water. As soon as you step on dry ground you could be trespassing. The "highwater mark" scenario won't hold it's own water.
Again, ask!

It is a very ambiguous law! For now let's keep it that way. If we want fast/hard and true laws on this subject, it could limit or eliminate access to favorite casting zones.

Ask permission, get to know those who are important to the future of the ecosystem and fisherman!

Jim W

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Jim, you are correct with "high water mark" NOT being the legal line. As I referenced in my post above Legally it would be the OHWL, once again this is something that is determined on a "site by site" basis and by someone qualified! I'm kinda glad I live on a lake where I don't encounter the kind of "confrontational" landowners that some of you stream fisher people can and do on a fairly regular basis. As you stated Jim the most important thing everyone can do is ask permission as often as possible and don't push the "gray line" area when in doubt! Time to fish yet? smile.gif

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My thoughts are that you always lose if the landowner confronts you on anything where you have to pull out some technicality. It makes your outdoor experience bad. Pick a different spot and go there. Some landowners are unbelievably protective and why deal with them. We own a cabin and I have literally had people tie to our floating dock and fish off it, at that point I went out and said something but I'd have to be pushed like I was to do something. Better to avoid the controversy. My 6 cents worth.

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While we are on this subject, how do you guys understand using land that is tax forfeited land - either to the state or county? Can a person hike, walk, fish or use tax forfeited land to access bodies of water?
Paul S

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Just to be clear all right of way is not 33 feet from centerline. There are varying right of way widths. Some could be 20 feet wide others could be 120 feet wide.

Blackstarluver,
The city won't maintain it for you but they'll let you pay taxes on it and if they need to make the street wider they'll pave it for you all right. Not as much of your front yard is really your yard. You might want to find out how wide the right of way is.

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