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Accessing Lakes Without Accesses


tsande00

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I have found a small lake that I would like to try fishing. The issue I see is that there is no public access. There is a road that travels parallel to the lake on one side with houses on the other.

Does anybody know what the rules are on accessing such a spot? Can I park on the side of the road and walk onto the lake? What are the easement allowances? It was dark so it was hard to see clearly but I am guessing the lake is 20'-30' from the edge of the road. It appears as though the lake side of the road is considered a state wildlife area so I don't know how that affects my ability to get on.

I do know that the one homeowner I drove by was not happy to see me and shined a spot light in my face and held it there is I drove by.

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I would think that would be ok. Where you might run into a problem is parking on the road. I used to fish a small lake that has road frontage on one side. We used to park on the road and walk down. Word got out and more people started fishing which meant more cars, following year they put up no parking signs... We got around that by driving off the road down a steep ditch and crossed about 20 feet of ice to an island right by shore and parked on that. Now there's a guard rail. Good luck, but if the land owners don't want you there they'll ultimately win.

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My understanding is the if it is a State WMA then yes you can, if it is a National Refuge you can if gate is open but you cannot enter the refuge in most areas unless it is a hunting season and you have a valid hunting license, or it is a General Open area. I have found private lakes that have tax forfeited property butting up to the lake and was told that I could get on via that piece of land. One more thing, I talked to a DNR Officer about a lake I wanted to fish that was private and he told me as long as I can walk off the public road and onto the culvert then onto the lake without stepping on the private property I have a right to access the lake. Not an expert on this but this is my experience and just my limited knowledge.

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My initial thought on this was that I could probably get on the lake legally because it is a WMA and additionally there are spots where the lake gets within 20' of the edge of the road but I'm not sure about parking. There isn't much of a ditch to park on due to trees and large shrubs. I think I could get my vehicle 75% off the roadway. There are no fences blocking the lake from the road, at least not that I could see in the dark.

Traffic on this road is minimal and this road is reasonably remote with the exception of three or four houses on the opposite side of the lake.

It is clear though that the homeowner is going to be giving grief and that is my largest concern at this point. Hate to make people mad but on the same hand if I can legally fish there than I don't see the big deal with parking on the side of the road near his house (assuming legality)

I did not see "No Parking" signs but will check when I venture back in the daylight.

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If it's state land all the way from the road to the lake, you have no problems legally. I can tell you right now that you will run into people that think they own everything sometimes including the road when you look for fish this way.

When they approach you, stay calm and be polite. Sometimes they just want to chat, other times they just want to chew you out. I had one guy try to tell me it was illegal to park in front of his field to access the lake butting up to the road on the other side. After cussing me out for 5 minutes he had enough and left to go harass someone else for a while.

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My initial thought on this was that I could probably get on the lake legally because it is a WMA and additionally there are spots where the lake gets within 20' of the edge of the road but I'm not sure about parking. There isn't much of a ditch to park on due to trees and large shrubs. I think I could get my vehicle 75% off the roadway. There are no fences blocking the lake from the road, at least not that I could see in the dark.

Traffic on this road is minimal and this road is reasonably remote with the exception of three or four houses on the opposite side of the lake.

It is clear though that the homeowner is going to be giving grief and that is my largest concern at this point. Hate to make people mad but on the same hand if I can legally fish there than I don't see the big deal with parking on the side of the road near his house (assuming legality)

I did not see "No Parking" signs but will check when I venture back in the daylight.

My first thought is to go speak to the homeowner about your interest in fishing the lake just like asking permision to hunt a pice of property. You might be surprised how accomodating the homeowner might be if you if your showing concern . You might make a friend and he may know a little about the lake.

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Quote:
My first thought is to go speak to the homeowner about your interest in fishing the lake just like asking permision to hunt a pice of property. You might be surprised how accomodating the homeowner might be if you if your showing concern . You might make a friend and he may know a little about the lake.

In my opinion this is your best option. Be polite, discreet, respectful and only bring 1 buddy...not a car load!

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Yes you can walk through a State wild life area and do not need permission from any of the home owners. If that wild life area starts at the roadside and goes to the water, there is your public access.

As for parking:

169.35 PARKING.

Subdivision 1.Parallel to curb. Except where angle parking is permitted by local ordinance, each vehicle stopped or parked upon a two-way roadway where there is an adjacent curb shall be so stopped or parked with the right-hand wheels of the vehicle parallel with and within 12 inches of the right-hand curb, provided, that such exception shall only apply to a state trunk highway after approval by the commissioner.

Subd. 2.Where no curb. Upon streets and highways not having a curb each vehicle stopped or parked shall be stopped or parked parallel with and to the right of the paved or improved or main-traveled part of the street or highway.

Subd. 3.One-way roadway. Local authorities with respect to streets and highways under their jurisdiction and with the consent of the commissioner with respect to state trunk highways may by ordinance permit parking of vehicles with the left hand wheels adjacent to and within 12 inches of the left hand curb of a one-way roadway.

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Great information guys, thank you.

With regards to asking the nearby homeowner for permission - Here is my concern with that:

The guy shined a flipping spot light in my face as I merely drove by at 20mpg last night. To me that shows a sign of hostility. Additionally he has "No Trespassing" signs all over his side of the roadway and also "Beware of Dog" signs. I'd be Leary of even venturing up his driveway to ask for permission if there really is an aggressive dog roaming his property. My guess is that he may have had problems with people going on the lake in the past and is holding a grudge, but that is simply a guess. I didn't see any signs of people being on that lake recently.

I hate to cause people grief though so if I see him out there (assuming I even decide to try this lake), I'll definitely make an attempt to flag him down but I doubt it's going to go over very well, lol.

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No person can legally stop you from accessing a lake through PUBLIC property. Fish it. If he stops by, be nice, if he's being a jerkbait, just keep fishing. We all own the water, if you can access it, it's your right to use it.

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I have honestly never had a problem with people giving me access to a lake, though I haven't asked that many people. I always offer them fish--sometimes I'll even clean them if the lake is good enough :)--and I've gotten my way. So far.

Interesting thread, though...thanks, guys, for sharing such useful info.

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Hey not trying to thread jack..... I had a ? kinda about this also. So is there a road right of way measurement from the center line or something like that? I know of a lake off a county rd and there is about 10 ft? of land between shoulder and lake. There is a long stretch of road where a person could park no signs

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I do know that the one homeowner I drove by was not happy to see me and shined a spot light in my face and held it there is I drove by.

So is it legal to shine spotlights in peoples faces when they are trying to drive on a public road?! I would think he could get in trouble for that. What right would he have to do that? Sounds like a tightly wound individual to me.

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With regards to asking the nearby homeowner for permission - Here is my concern with that:

The guy shined a flipping spot light in my face as I merely drove by at 20mpg last night.

Maybe the guy was just jealous of your mileage? Was it a full size truck grin

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No person can legally stop you from accessing a lake through PUBLIC property. Fish it. If he stops by, be nice, if he's being a jerkbait, just keep fishing. We all own the water, if you can access it, it's your right to use it.

That's one thing that I miss about Minnesota. In Co the water is owned by whomever owns the shoreline. You have to be very careful when you're wading streams.

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That varies on the road. It is different by road so be very careful. I think the best advice so far is to check with local officials and see what the right of way is for that particular road. County roads are different than township roads. A county road right of owned by the county while a township road the property owner actually owns the land the the sits upon and gives and easment to the township for its road.

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Just fish it and access it thru the WMA. Have the CO's number on you so when the guy comes out to harass you, you can give it to the guy so he can make the call. Remind him there is a law about harassment too and see if he still runs his mouth. If he continues make the call for him. Water is public just access it correctly and make sure you are in the right so he doesn't have any ground to stand on. Good Luck and let us know how it goes! Maybe remind him that shining a light into another car that is traveling is illegal too--I am sure he would like to know.

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