Accessing lakes off of public roads.

[trappingaddiction]

What is the amount of feet that you can go off of a public road to fish a public/private lake? There are a few lakes I would like to try near me, but they do not have public accesses, and some are semi-private lakes that are not to far from public roads.

[pushbutton]

it is something like 33 1/2 ft from the center line on smaller roads and up to 75 ft on some of the larger ones, call the county in question and they will give you the public right of way info.

[pureinsanity]

Knock on some doors of the residents. Say hey, I have a passion for fishing would you mind if I parked at the end of your drive way and walked back to fish there?

[TRZ II]

I though it was 30 ft from the edge of the road. I have seen the sheriff called many times at a lake in WB and he never says anything tot he anglers if they are within 30ft of the road.

[timjones]

Check with the county as Pushbutton said. Distances can vary a lot from county to county and even different sections of the same road.

[Down Deep]

A couple of years ago I asked the DNR about this very issue. Their reply was that you never have a right to cross priviate land without permission unless you must do so to retrive an animal while hunting. Some of the roads have an easement along the sides and some don't. It is hard to know. The DNR recommeded that the best thing to do was to ask permission for access.

[TRZ II]

All public roads have some easement, sounds like that DNR officer just wanted to make his job easier. That is why the county can clearcut the sides of the road even on remote gravel roads, they all have easement. Now it may vary from county to county but they all have some.

[mrklean]

a lot will depend on if the land owner wants to let you on that spot or not. Before they worked on the road by my place there was a spot just off the road with a tiny one car parking spot where ppl would line up and fish even though there were no trespassing signs everywhere, then they redid the road and now there a guard rail and no way to fish it.

[Brad B]

mrklean,

Please don't tell me they blocked that one road on the lake you live on where people used it to get on the lake last winter. If it is then I will have to drive across the lake to get to that side this winter. if you don't know what road I am talking about pm or email me and I will give you the name of the road.

[pulleye16]

All public roads have some easement, sounds like that DNR officer just wanted to make his job easier. That is why the county can clearcut the sides of the road even on remote gravel roads, they all have easement. Now it may vary from county to county but they all have some.

Not all roads have an easement, check with the county or township!

[Down Deep]

Many of the roads surrounding lakes and rivers were originally built by cabin owners. The county or townships only started maintaining these roads after the area around the lake got built up and the property owners wanted something in return for their property tax money. Many roads haven't even been properly surveyed and a lot of them run across property that was originally and still may be private.

[merkman]

This is an interesting read.

http://files.dnr.state.mn.us/publications/waters/Pardon_Me_Myth.pdf

[mrklean]

mrklean,

Please don't tell me they blocked that one road on the lake you live on where people used it to get on the lake last winter. If it is then I will have to drive across the lake to get to that side this winter. if you don't know what road I am talking about pm or email me and I will give you the name of the road.

not the same one they blacktopped the road 2 years ago

[pureinsanity]

This is an interesting read.

http://files.dnr.state.mn.us/publications/waters/Pardon_Me_Myth.pdf

Great read! Thanks for sharing. Sounds like you cant even walk through a lake or a stream because the land owners own whats underneath it.

[merkman]

More to the point of the original post

Additional information

Minnesota case law has established that a public road abutting a body of water gives the public riparian rights to the water. Riparian rights exist whether or not the lake is navigable or public and regardless of who owns the bed. Riparians are entitled to exercise their rights over the entire surface of the lake. One riparian cannot keep others from using all of the lake. Where access to a "wetland" is available from a public road, Minnesota Statutes Section 103G.235 provides the following: "In order to protect the public health or safety, local units of government may establish by ordinance restrictions upon public access to any wetlands from city, county or township roads which abut wetlands." In all other cases (i.e., state or federal roads abutting "wetlands" or any public road abutting a "public water"), the public has the riparian right of access.

Trespassing on private property

The belief that the state owns a strip of land around all Minnesota lakes for public use is absolutely false. Riparian property (property abutting a lake, river, or wetland) is either privately or publicly owned. The general public can access water bodies or watercourses via public property, but not through private property. Individuals entering private property without permission from the landowner are trespassing and may be prosecuted under the state trespass laws. It is illegal to trespass on private property in order to gain access to a water body or watercourse without first obtaining the verbal or written permission from a landowner.

http://www.dnr.state.mn.us/waters/watermgmt_section/pwpermits/waterlaws.html