# Illegal waterway blockage?



## water_of_light (Aug 13, 2014)

It's my understanding that the following are true:

1.) You can legally access any body of water if you enter it via public property, via private property with permission, OR via a navigable waterway (as long as your original point of entry was legal).

2.) You can legally enter private property to bypass obstructions or hazards on a public waterway without permission, but only until you are past the obstruction, where then you must return to the navigable waterway.

So here's the situation. There is a lake I like to fish that has a public park on it. There is a second lake that is directly connected to this lake via a marshy, yet navigable channel. However, the second lake is located entirely within private property. Using the two rules stated above, I can still enter this second lake legally. However, the owners of the property surrounding the second lake took it upon themselves to construct a barrier between the two lakes. They placed large piles of brush, NO TRESPASSING signs, and a fence across the marshy area, making it impassable.

1.) This sounds pretty illegal to me.

2.) Using the rules above, I should be able to travel into this other lake. If I can't due to obstructions (the ones the property owners illegally placed), then I am within my rights to portage around these obstructions and enter the second lake.

Am I correct? I have not and will not enter until I am certain it is okay to do so.


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## Duckiller (Mar 26, 2010)

Suggest you use your alternative #2 only as a desperate last resort unless you are related to a lawyer that will work cheap or free. If you are right about the obstruction being illegal, report it to the DNR or who ever enforces the law about illegal obstructions. Let them cite/fight with the property owners. State has lots of lawyers waiting around to sue people to enforce the law. Its what they do. May also want to talk to your Sheriff and Prosecuting Attorney since they will be the people to arrest and prosecute you for trespass.


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## WALLEYE MIKE (Jan 7, 2001)

I would contact the local DNR officer. If illegal he will get right on it.

http://www.michigan.gov/dnr/0,1607,7-153-42199-24666--,00.html


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## malainse (Sep 2, 2002)

water_of_light said:


> Am I correct? I have not and will not enter until I am certain it is okay to do so.


Without getting into a long drawn out answer....:lol:

I would contact the local DNR field office where said lakes are located. Ask to speak to CO or Supervisor. Odds are they have had this situation come up before in this location. (See locating a CO at top of this forum).

If you are not satisfied with answer go up the food chain.
--------------------------------
Please send me a PM with this location and might be able to shed some light onto the situation.


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## water_of_light (Aug 13, 2014)

Yeah, I figured contacting a C.O. would be the best bet, but I was just curious if anyone had ever dealt with this type of thing before. I just didn't want to have something totally wrong and look a fool when making a complaint to the DNR. Thanks for the feedback everyone!


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## warrenwaterfowler (Aug 31, 2007)

What are you looking to do on this section of lake? If it's to fish, it should be legal. If it's to duck hunt, it may be illegal.
_Posted via Mobile Device_


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## MERGANZER (Aug 24, 2006)

frenchriver1 said:


> As Sylvester said in Judge Dredd: "De law is de law." Why should some people be allowed to thumb their nose at the law and not be called on it?


Not saying that its just a never ending problem most likely and I am sure the fishing isn't all that great to warrant to effort and angst is all. One other thing to check is if it has ever been planted with fish with public dollars. I think that also opens up the access.

Ganzer


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## toto (Feb 16, 2000)

First of all, you would be correct in assuming it is public water, IF there is navigable into or out of the said lake. Secondly, Merganzer has it spot on in regards to public fish planting, if it has been done so in the past, that alone makes it public water. One question though, is big is this lake? In terms of acreage.


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## wintrrun (Jun 11, 2008)

Should not matter about size.
About the only time a fence is warranted around water is to keep livestock in.
Putting brush piles in to block off a channel is an illegal act in itself.
I'd be interested in knowing what the dnr thinks of this and if any action is taken.


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## YZman (Mar 4, 2004)

Never assume. Heed advice and contact DNR.


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