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Posted

Hey, I am new here and kind of new to fishing, I have a question about fishing lakes/ bodies of waters. Is it legal to fish any body of water, like found on google maps, etc. Also, I see lakes that have public access ( for boat launching mainly ) and know that it is open for the public there, but what about lakes with no public access, are we allowed to find a way in and fish there? Like park on the road and fish? If not, is it possible to fish on lakes with no public access and how? I have no boat or anything to get on water and am looking for ways to shore fish (mainly for bass fishing). Also,i f it is possible to park on the road and fish a lake, how do you know so?

Posted

Private land bordering waters requires owner's permission to use. National, state, county and city parks are for pubic use. Roadside fishing might be subject to safety concerns, and someone might call law enforcement to check on you. Here's a good place to start:

https://www.dnr.state.mn.us/fishing/fin/index.html

Also:

https://www.dnr.state.mn.us/water_access/counties.html

 

Posted

If my memory serves me correctly, the waters are public but if you must cross private property to get to them, then you would be trespassing. If there is a feeder creek or river, you might be able to access via that route. Private land I believe is defined as to the normal water line or something like that. In other words, if the water level is way low, the landowner does not suddenly have more land and vise-versa. 

Somebody correct me if I'm wrong.

Posted

Bob is correct in that it’s trespassing crossing private land. Law states Minn. owns most lake land to the “low” water line so you need to be walking in water to be on state land. Some lakes are totally private and are private owned.

The Law:

Water law basics

Who owns the bed of a lake, marsh, or stream?

When a water basin or watercourse is "navigable" under the federal test, the State of Minnesota owns the bed below the natural ordinary low water level (see: Lamprey v. State  PDF, 52 Minn. 1981, 53 NW 1139 [1893]; and United States v. Holt State Bank  PDF, 270 U.S. 49 [1926]). The federal test used for navigability is: "when they are used, or are susceptible of being used, in their natural and ordinary condition, as highways for commerce, over which trade or travel are or may be conducted" (see: State v. Longyear Holding Co.  PDF 224 Minn 451, 29 NW 2d 657 [1947]). If a court has found that a lake is non-navigable and meandered, the shoreland owners own the bed of a lake in severalty (see: Schmidt v. Marschel.  PDF, 211 Minn 543, NW 2d 121 [1942]). If a stream is non-navigable but has been meandered, the shoreland owners own to the thread (centerline) of the stream. If a lake or stream is non-navigable and not meandered, ownership of the bed is as indicated on individual property

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  • Your Responses - Share & Have Fun :)

    • SkunkedAgain
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