Guests - If You want access to member only forums on FM. You will gain access only when you Sign-in or Sign-Up on Fishing Minnesota.

It's easy - LOOK UPPER right menu.

Sign in to follow this  
Followers 0
mcmsek

Private Property Portage

17 posts in this topic

Does any one know if you are paddling down a river and need to portage around a rapids if you can go on private property to do so?

Thanks

Share this post


Link to post
Share on other sites

If your feet are in any water you are okay - dry land your are tresspassing

Share this post


Link to post
Share on other sites

I think you have up to the highwater mark, which depending on the stream and bank, could be pretty high

Share this post


Link to post
Share on other sites

there is lea way on the the shore land. But as long as your not doing any damage to the property I can't see why they would argue.

Share this post


Link to post
Share on other sites

what about that new judge rule they had passed something about all water was private property??? dont get that though

Share this post


Link to post
Share on other sites

High-water mark is correct.

Share this post


Link to post
Share on other sites

normal high water mark like say every spring it floods thats the high water mark. Not say the 100 year flood kind of thing.

Share this post


Link to post
Share on other sites

In WI it is no longer the high water mark. You must keep your feet wet. Although, if you come to an area that is impassable( beaver dams etc.), or feel that it would be dangerous(Deep hole, rapids etc.), you are allowed to exit and re-enter the river using the shortest route to do so. That is just WI though. I don't know the MN law.

Share this post


Link to post
Share on other sites

I got a response from the DNR that concurs that it is not the highwater mark, if your feet are not wet, you are trespassing, no exceptions.

Share this post


Link to post
Share on other sites

Well i know for a fact as of last year if your feet are wet and your walking you can still get a ticket.If the creek/river was man made like a drainage ditch thats tresspassing exception is the riteofway like intersection culverts things like that just off the road.

Thats why you see most trappers only trapping those areas.

I know 2 clowns that took a small duck boat pulled it off the truck down the ditch and into a pond.All the property prior to the water was riteaway so they figured it was ok.They even called the dnr on this 1.I'm prety sure they left out the fact that pond was private and full of monster fish.They were issued a tresspass ticket $50.00 each and lost all the fish they had

This may not apply to your situation but for those reading whats been said so far does not apply to all waters

Share this post


Link to post
Share on other sites

I know for a fact that if the water comes up to the road you can access the Lake, pond, stream whatever. There is a lake close to my residence that a local game warden even accesses off the road to go fishing. Seen him do it and talked to him while he was.

Share this post


Link to post
Share on other sites

I guess thats why we have so many regs.Not 1 game warden or judge rules the same thats why ya ask the local guy what the rules are cause you'll be dealing with that person.It might not be the way another Gamewarden will tell you but thats all you need

This Goes back to me hunting next to a game warden in a city park that was not posted as 1.Kinda hard to get a ticket when this happens

Share this post


Link to post
Share on other sites

I agree westb. (Packer fan are we? LOL)

This should sum it up quite easily:

MN DNR "water law basics"

As a landowner/lakeshore owner myself I know for a fact anyone can access the body of water legally through a road right-of-way if water butts up to it.

For the river...keep your feet and property in the water at all times. The key words are navigable and/or non-navigable waters. Read the law in the link. wink.gif

Share this post


Link to post
Share on other sites

I lost a bet. It really hurts me to have that there. Don't tell Crystal. smile.gif

Share this post


Link to post
Share on other sites

Hmmmm Chuck, it looks like you might have just found a 'free beer lever."

Share this post


Link to post
Share on other sites

Well for 3 years the game wardens been giving tickets out to those walking down a1/4 mile drainage ditch to acess about 5,000 acres of private deer hunting land.There feet have been in the water the whole time until they reach the land they have permission to be on.They start out by walking down the bank from the road next to a culvert max of 7' from road to water.

Cranecreek had a sign posted by the dnr.Boat acess only no walking in river beyond this point without writtn permission.Someone cut the sign off in half last summer.

Explanations anyone???

Share this post


Link to post
Share on other sites

The drainage ditch probably isn't considered "navigable waters", but rather a privately created waterway. The laws regarding such things are murky at best - but anyone relying on the water in a ditch (as opposed to a natural stream or river or lake) are probably in a trespass situation.

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.
Sign in to follow this  
Followers 0



  • Posts

    • CaptainSeabass
      G'day guys, I've started up this post as I will be visiting Minnesota (to be specific the Stuart Lake in the Ottertail Lake area) and I would love to hook into some fish! I'm originally from the Netherlands, have lived in Australia for the last 8 years working as a fishing guide, I have moved to Dallas TX with my wife and now we will be visiting my in-laws in Minnesota. I would love to catch Musky, which I know West Battle Lake holds, and of course Walleye. I have been trying to look for areas that hold smallmouth but was unable to find any. I don't have a boat up there or anything so I know I will be in a massive disadvantage for musky but I will give it a try with waders. I would love to get as many tips as possible! Cheers!
    • thelars5
      This years West Central Bowhunter 60 will be held on August 12th and 13th with registration from 9am - 3pm Saturday and 9am - 2pm Sunday!   Come to enjoy the rolling hills and grasslands of the Prairie Woods Environmental Learning Center. Little Crow Archers of Willmar & Swift County Archers of Benson have teamed up to host this 60-Target 3-D shoot. Shoot it in one day, or make a weekend of it and shoot both days! Our promise is that you will not be disappointed!   Highlights include, Generous sized walking trails, On-site concessions, and seating deck! Stakes for : Adult, Youth, Traditional, and Cubs All on over 100 Acres! 90% Rinehart Targets   Full Course (60-Targets) $23 Adults ~ $15 Youth 16 & under ~ $60 Family Max 1/2 Course (30-Targets) $14 Adults ~ $8 Youth 16 & under ~ $36 Family Max   Shoot Location: Prairie Woods Environmental Learning Center 12718 10th St NE Spicer, MN 56288 GPS coordinates: N 45° 14.716 W 95° 1.777 @1.5 Miles West of Hwy 71 on County Road 29   www.littlecrowarchers.com
    • osok
         Personally I do seem to catch quite a few overs, some days it can be a challenge to find keeper fish ( stupid problem to have, huh?). One thing I notice is that all the fish seem to be very thick through out the classes.   While I was tackling some honey-do's I noticed that the breeze was a bit stiff, I'm sure it was a challenge to maintain a line or consistent  speed.   Over all was it a good day for you?
    • ZachD
      Nope that's exactly what I wanted to hear thank you probably will go to look at gander in forest lake to see if they have anything good left
    • ZachD
      There are good bass in Crooked too
    • DLD24
      Do you typically catch quite a few overs on fish? I fished it for the first time today and we got lots of gills and a few good quality eyes...The wind made boat control a pain.
    • monstermoose78
      lol I posted that Friday but with no service it must went when I ran into town for new hose
    • monstermoose78
      I was up over the weekend to do cabin duties. I did get laker trout at cascade river Friday mornings it was 17 inches but made for great trout and eggs breakfast. Agree with maple bacon longjohn and Chet's doughnut. Also a must stop for me is trail center for lunch the 3 Cheese grilled cheese is amazing with a chocolate and peanut butter milkshake. Just look at this lunch
    • Cliff Wagenbach
      Lindy rig with 1/2 crawler! 15' to 19' depth. Cliff
    • TNtoMN_HuntFish
      I second Crooked Lake. Super clear water too. I kayaked in there recently and was amazed at how many sunnies are in there. First calm wind day I get I'm gonna get the yak in there and bring my flyrod.