MuckyBottles
Bronze Member
Muckybottles, here's the wiki definition of that: Riparian water rights - Wikipedia, the free encyclopedia
This has often been suggested as a way to detect at supposedly off-limits beaches. *IF* the water were navigable waterways, right? So that no matter if the beach were state or federal administering that beach, and no matter if they personally had a "no detecting rule" , then it wouldn't apply to the inter-tidal wet sand zone.
I suppose the singular exception would be shipwreck lease type things (which are only very small select stretches, and probably only in a few spots in FL alone).
But the problem with trying to invoke this, is that some legal beaver on their end might say that .... yes .... the "riparian rights" does indeed allow you or I to walk there. However, the rules of conduct, they might try-to-argue, is still theirs to control. Or for that matter, if it becomes a rule of "international" laws (or federal level, for USA riparian waters), do you *really* want to open up that can of worms, where they might simply try to say then, that ARPA therefore applies ?
Still though, it's an interesting legal concept that I bet would deflect most all busy-bodies. If you printed out the laws for what the definition is, I bet the average ranger or busy-body would have utterly no answer for that, and likely leave you alone. Might work to get you out of a jam, is what I'm saying. As the average person would have no in-depth knowledge of how that applies to something like this. But it seems workable.
Reason why I brought up riparian laws is because us fisherman on the Jersey shore have been fighting this battle going on 20 years with NAMFS and beachfront property owners. A local court decided that since the beach's are public for all to enjoy, denying access would be illegal, that being said an agreement was reached by stating that we had to stay within the high tide mark. This was only a local decision.