River law

Chief OX

Greenie
Oct 25, 2012
10
0
Greensboro, Nc
Primary Interest:
All Treasure Hunting
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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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!!

This is true in other states, don't know if all states. If someone owns the land on both sides of the creek or stream they own the stream too. This was the case when I lived in Missouri and hunted the creeks and streams there for artifacts... Rivers are a different story..............

They can run a fence across the creek or stream if they wish and you can be arrested for trespassing on it.......It is the law, fair or not does not enter into the equation
 

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Navigable status of waters is a federal matter. States and even local authorities may try to regulate this issue but if pursued it ultimately will be decided in federal court. Navigable waters are held in public trust and include access rights up to the normal high water line. It can be a very expensive journey to secure rights of the general public to posted waterways and very expensive to land owners who try to keep the public from exercising these rights if challenged.

Below are a couple good sites which give some clarity to a confusing subject. Often property owners, with or without the support of local and or state authorities are keeping the general public from waters that we have every right to use.

River Law: Who owns the rivers? River navigability law, for river access, river rights, river conservation, canoeing, kayaking, rafting, paddling, whitewater, and fly-fishing.

River Law: Fact and fiction, about navigability law, river access, river rights, river conservation, river ownership, canoeing, kayaking, rafting, paddling, whitewater, and fly-fishing.

This is a big issue and should be of great concern to all of us. I hope this helps to move the discussion forward.

Mike
Joe?s Cabin Vacation Rental in the heart of Redwood Country
 

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