River law

[Chief OX]

Has anyone see this law before, there's a list of them for each state but ive found a lot of miss information, from the sound of it, as long as u enter and exit on public land like a bridge ur not trespassing as long as u don't get out of the creek or river on private land
National Rivers: North Carolina River Law, on river conservation, river access, paddling, canoeing, kayaking, rafting, fly-fishing, and North Carolina river ownership.

 

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[SGTDirk]

I'm not an expert in any way shape or form, but from what I read and I understand about the water ways, that was acurate. The problem is which waterways are navigable?

 

[Treasure_Hunter]

They must be navigable, if you cant get a boat up it with having to leave the water to portage around you may have a problem if the land owner wishes to press charges......

 

[SGTDirk]

From what I read you can portage at rapids and still have it be navigable.

 

[creskol]

They must be navigable, if you cant get a boat up it with having to leave the water to portage around you may have a problem if the land owner wishes to press charges......

I thought the definition of navigable was determined on conditions at statehood .. not present conditions.

 

[longcut]

River History: Your river rights, for river navigability, river access, river conservation, canoeing, kayaking, rafting, paddling, whitewater, and fly-fishing.

 

[Treasure_Hunter]

Sorry, wasn't clear. I am not talking rapids, I am talking depth and width. I researched it when I was artifact hunting in Missouri.

 

[wetfly]

I too am familiar with that navigable waterway law however while up at my family's b&b in western nc I encountered the exception to the law at least in nc! There are fishing clubs popping up all over and in that area if someone owns the property on either side of a stream they can technically keep you out of that stretch of stream! Even put a fence across if they wish! Found that out trying to fish a section and it came to a rifle pointed at me and law being called and sadly I was shown this bs law by the officer! I argued till I was blue because that stretch is still state stocked above and below the posted signs which logically says trout I helped pay for are in that section too but they sent me packin! I only had problems like that in area where these "fishing clubs " were because people rarely buy up both sides of a stream bank! I really hate to see posted or private property signs in the middle of a beautiful wilderness area!!

 

[Jason in Enid]

Don't confuse the right of law to move a boat up a waterway, with the land rights. Research for your state, because there are some in which the adjacent land owners own the river bottom to the middle of the river. Mining or prospecting without prior permission is trespass and mineral theft.

 

[Chief OX]

I wasn't sure either and it even says that some waters that may be inches deep and a foot wide are navigable waters I guess it's just how the state classifys these streams and rivers, any one know of sumbody I could contact in my state to find out which rivers I can use and which I can not, I'm eager to hit the streams and prospect but I also don't want to have problems with the law and land owners in the area

 

[nickmarch]

I too am familiar with that navigable waterway law however while up at my family's b&b in western nc I encountered the exception to the law at least in nc! There are fishing clubs popping up all over and in that area if someone owns the property on either side of a stream they can technically keep you out of that stretch of stream! Even put a fence across if they wish! Found that out trying to fish a section and it came to a rifle pointed at me and law being called and sadly I was shown this bs law by the officer! I argued till I was blue because that stretch is still state stocked above and below the posted signs which logically says trout I helped pay for are in that section too but they sent me packin! I only had problems like that in area where these "fishing clubs " were because people rarely buy up both sides of a stream bank! I really hate to see posted or private property signs in the middle of a beautiful wilderness area!!

That's called corruption. They do things like that because it would cost you a fortune in legal fees to prove them wrong.

 

[nickmarch]

I wasn't sure either and it even says that some waters that may be inches deep and a foot wide are navigable waters I guess it's just how the state classifys these streams and rivers, any one know of sumbody I could contact in my state to find out which rivers I can use and which I can not, I'm eager to hit the streams and prospect but I also don't want to have problems with the law and land owners in the area

Read the law. You can swim fish ect. Anything non destructive is allowed. Prospecting/digging/dredging would be considered destructive.

 

[Chief OX]

Back to the drawing board hahahah, guess I need to contact land owners for permission now thanks for the help guys

 

[nickmarch]

The fact that a fishing establishment is using the waters commercially makes it a navigable waterway.

http://www.epa.gov/osweroe1/content/spcc/spcc_nov08waters.htm

 

[Chief OX]

Found another link for navigable rivers from the way this sounds nobody owns the waterways but the state which made them public waters
River Law: Who owns the rivers? River navigability law, for river access, river rights, river conservation, canoeing, kayaking, rafting, paddling, whitewater, and fly-fishing.

 

[Treasure_Hunter]

Rivers are different than creeks and streams, if you can't navigate it and land owner owns the land on both sides your tresspassing. Always check your local laws..

 

[longcut]

If a person has enough money to fight the state laws in court and eventually make it to the US Supreme Court ,,, that person will always win the case ........ Never has a citizen that hung with it all the way to the SC lost ...................... the states have passed laws that will be ruled unconstitutional by the SC .............. but who has that kinda money ?

 

[matthewrich]

As per my knowledge navigable waters protects public rigs for the navigation of waters. There will be no work placed through the navigable water until we get the approval from the Minister.

 

[Ben Cartwright SASS]

In New Hampshire there are really clear state laws

In NH the water belongs to the state, but the river bottom belongs to the private land owners, so as long as you are floating you are fine, but if you get out of the canoe or whatever and stand on the river bottom you are trespassing. So if you enter the river with a gold pan at a bridge that is public property, as long as you stay by the bridge you are ok, but if you walk away from the bridge you cross onto private and and are trespassing (unless it is a Natl. Forest or state park)
I have to find out what the story in Massachusetts is, I am assuming much the same but want to find out for sure.

 

[Gold Maven]

I too am familiar with that navigable waterway law however while up at my family's b&b in western nc I encountered the exception to the law at least in nc! There are fishing clubs popping up all over and in that area if someone owns the property on either side of a stream they can technically keep you out of that stretch of stream! Even put a fence across if they wish! Found that out trying to fish a section and it came to a rifle pointed at me and law being called and sadly I was shown this bs law by the officer! I argued till I was blue because that stretch is still state stocked above and below the posted signs which logically says trout I helped pay for are in that section too but they sent me packin! I only had problems like that in area where these "fishing clubs " were because people rarely buy up both sides of a stream bank! I really hate to see posted or private property signs in the middle of a beautiful wilderness area!!

What a crock of crap. To threaten your life over some fish. That has to be a b.s. law. Any lawyer friends?