Trespassing

Hybes touched on this in the “garbage” post but,since it’s a different subject,I’ll start a new post.Does anyone definitivly know the trespass law?I once had a Goodhue County Sheriff tell me,as long as your in the stream and have accessed that stream from a public place,you’re ok.Every once in a while,one of you guys will talk about having “permission” from the landowner.Is that because,there is no feasable way to access that particular stream or section of it?Or don’t I understand the correct interpretation of the law.I know this has been discussed before but,I could use a refresher course.Thanks,Mike p.s.No Hybes,I don’t pack heat but,I could’nt live with myself if I saw someone leaving their garbage someplace and did’nt say something to them.

TROUTMAN,

The SHeriff was correct. However, as you know, it is impossible to always remain in the stream while fishing it. I can’t recall, ever remaining in a stream the whole day out? No matter how small or large the stream.

ALso, some access points aren’t well defined public vs. private. So asking permission saves you the stress of “will I be shot while landing a trophy brown”, while relieving the landowner of unwelcomed pressures; “Who is on my land now”? Good way to find out info about the water your fishing, while opening the door to other outdoor opportunities and building a new friendship ta boot!!!

Get a PLATT map. A friend of mine owns one. It is pretty well defined, showing the name and property lines for your favorite fishing stream and river!! This makes it easy knowing the name of the landowner.

If it ain’t posted, I still recommend asking, but it does indicate access!! In order for you to get in trouble, the landowner must post signs and then you shrug it off, accessing his/her land!

I think asking will improve the relationship between landowner and fisherman. However, there will always be some that have a bad taste in their mouth. THat’s ok, move on to your next favorite spot!!

I will have Trout Access maps available at Trout DAY!!!

Jim W

I had a feeling that a tresspass posting would surface soon. A few years back when I was confronted on the tresspassing issue I went to the DNR Headquarters at Roch and found(as before) everybody walking around with a coffee cup or “out” for the moment.(another can of worms) oh no!. Anyway, I finally got ahold of a person who said he would help me.I dont remember his name but he said that the only way I could legally fish the stream in the above posting was to FLOAT it, and you could’nt touch bottom!! Assuming you acessed it legally! The sherriff was a little foggy on the whole issue when I was confronted by him and the landowner. I understand the interpretations can be confusing to all of us. I am not saying this is the law but this was how it was explained to me at that time. Can anybody else shed some light and a float tube on this saga?

Hybes, I believe he meant if the water is navigable(?) or not. If the water isn’t floatable per-say, you can’t be in there. SO if a canoe can’t float in the body of water in questipon, good chance you can;t fish it either.At least that use to be one of the definitions/descriptions of the trespassing law. I believe I read somewhere, along withthe navigable(sp?) a 6 inch flow as well. However after revisiting the same information I could not find it again. The law is very ambiguous! That is why I try to practice “when in doubt, ask permission!

Jim W

The DNR has a map of Public/Protected waters. I’ll try to find the website. The “float a canoe” idea is good but not entirely accurate as designated trout streams not capable of floating a canoe are public water regardless of ownership of adjacent land. the issue is legal access and remaining in the waters of said stream. I have a reply from the DNR regarding “public Waters” I’ll try to find and post the info.

fWEEEEEW!!!I was wating for you to set me straight bogsucker!! I can always count on you for valid info!!!

Jim W

Troutman,

It just so happens that I was confronted with this very issue not to long ago. I won’t go into the details, but what it amounted to was that a land owner was insisting that he had complete control over a section of a trout stream.

When we questioned the DNR, we were told that we were very much within our rights to wade the stream, that the DNR had very few problems of this nature. However I don’t fish to express my rights I like fishing to be a relaxing enjoyable experience, so I have avoided that particular section of stream.

This year in the 2002 Minnesota Fishing Regs. on page 6, in the part labled ” Rules of Thumb for Water Access and Recreational Use” this subject is well stated and outlined in paragraph #2.

Hats off to the DNR.

JOHN

smtroutchaser, Does Minnesota allow you to leave the streams in sections that are too deep to wade? Wisconsin law is similiar but allows you to leave the water in areas that you can’t wade as long as you stay below the high water mark and take the shortest possible route to get back into the stream.

It seems that more and more streams are having sections “off limits” by landowners. It’s surprising that even asking to fish often gets met by a no! I guess it’s a product of our times as more and more land becomes unaccessible. Hopefully DNRs can persuade more landowners through easements to open up more of our streams to fishing. I’m like you, even if you have the right to wade a section of stream, is it really worth the hassle of dealing with an irate landowner who feels otherwise.

Birdman,

Because it is almost impossible to determine where the shoreline of a river or stream is and will be from day to day, I believe that this is in the spirit of the law as long as you stay as close as possible and choose the side of little use, however I am not absolutely possitive on this and will need to verify it with the DNR. On a possitive note, of the last 15 landowners that I have contacted personally, only 2 have ever given me any grief, and one even gave me a nice place to park. I seldom have trouble with farmers, it’s the small seasonal cabin owners that can be real hemroids.

nuff said

JOHN

MN law states that you may have incidental contact (wading) with a stream bed if you have lawfully accessed the stream and you have a lawful right (designated Trout Stream etc..) to use the stream for recreational purposes. It in no way implies that one may leave the water and enter on private property for any purpose.

Here is a message from The DNR regarding my inquiry of the tresspass law and water use. I am not able to open the attachment.

—–Original Message—–

From: Charles Schwartz

Sent: Wednesday, September 05, 2001 5:44 PM

To:

Subject: RE: Public Waters

<< File: water_ac.pdf >> Mr. Moore – I am attaching a document that, while somewhat dated, is still relevant. It addresses the ‘incidental use’ of the beds of streams, such as for fishing purposes. It largely eliminates any question of ‘public’, ‘protected’, ‘navigable’, etc. Essentially, if you have accessed the stream legally and are using the surface for a purpose that you have a right to, you may legally have ‘incidental contact’ with the bed of the stream, eg. by wading it for the purposes of trout fishing. However, you may be prohibited from leaving the water to walk on adjoining private land, whether above or below the ordinary high water mark would not matter.

This principle of ‘incidental use’ is as little understood by landowners as it is by fishermen such as yourself, so you may still be challenged by someone who believes he/she is well within their rights as well.

I hopes this serves to address your concerns.

MAJ Chuck Schwartz

Information & Education Section Manager

MnDNR – Enforcement

651-297-2447

If you have specific questions regarding regulations, email the DNR at [email protected] they are very prompt at forwarding your questions to the appropriate division and most often you’ll receive a response the same day, I guess they don’t have anything better to do! (just kidding, it’s their job)

Thanks for the info Captain Woodcock!!!! Coming to Trout Day????