# Man made channel



## ahoude23 (Aug 18, 2008)

There is an area I fish along the shore of Lake Huron that is basically a channel that is cut or dredged onto private property. I fish this area on foot in waders while walking with my feet in the water (on the bank) At what point does the public property (lake) stop and private property begin? I believe the channel was dredged for the purpose of allowing the landowner to put in a boathouse and navigate a boat through the otherwise shallow (1'-2') lakeshore. The channel is app. 4'-5' deep and I access the area after a long legal walk.

Thanks,

Andy


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## WALLEYE MIKE (Jan 7, 2001)

I believe its the high water mark on the Great Lakes.


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## ahoude23 (Aug 18, 2008)

I thought the high water mark was correct. If the person made a small lagoon on their property and cut that channel between the lake and their lagoon, could I fish in that lagoon (I am not going to, just want to make sure I'm legal to fish the channel if there is a problem with the person who owns the private property)?


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## JWICKLUND (Feb 13, 2005)

*324.30111 Rights of **riparian** owner as to water frontage and exposed bottomland.* 

Sec. 30111.
A riparian owner among other rights controls any temporarily or periodically exposed bottomland to the water's edge, wherever it may be at any time, and holds the land secure against trespass in the same manner as his or her upland subject to the public trust to the ordinary high-water mark.

If someone is to cut a channel to their lagoon, they would need a permit.

*324.32503 *
(2) A riparian owner shall not dredge or place spoil or other materials on bottomland except as authorized by a permit issued by the department pursuant to part 13.


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## ahoude23 (Aug 18, 2008)

Thanks, thats what I thought. 

Andy


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## 22 Chuck (Feb 2, 2006)

Why not ask em. Maybe they will let you access to the area for whatever.


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## Gina Fox (Nov 4, 2007)

so that would mean that anyone wading in front of your waterfront home would be within their rights to do so?

The reason I ask was our neighbor in our northern michigan community yelled at my nephews that were wading in the water in front of his home catching frogs...next time I will confront him with the facts.


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## malainse (Sep 2, 2002)

Gina Fox said:


> so that would mean that anyone wading in front of your waterfront home would be within their rights to do so?


Great lakes--Yes, can wade in the water.

Inland lake- No, can not wade unless you have riparian owners permission..

The above listed statute has to do with IN-LAND waterways and not the great lakes.


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## Gina Fox (Nov 4, 2007)

so on an inland lake the property owner owns the bottomland ? How far out? until you can't touch bottom? 

Just seems strange...so you could fish (in a boat) but not fly fish in waders? I am talking about a little inland lake in Northern MI


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## hungry hunter (Jan 11, 2005)

Gina Fox said:


> so on an inland lake the property owner owns the bottomland ? How far out? until you can't touch bottom?
> 
> Just seems strange...so you could fish (in a boat) but not fly fish in waders? I am talking about a little inland lake in Northern MI


all the way to the middle of the lake.


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## Gina Fox (Nov 4, 2007)

hungry hunter said:


> all the way to the middle of the lake.


 
WOW well that increases my 'holdings' considerably...so I can tell folks not to fish in front of my house???:evil:

Not that I would do that to strangers. But I sure will be watching for my neighbor and if he DARE set paddle 'on my property' I will ask him to row on the OTHER side of the middle.


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## hungry hunter (Jan 11, 2005)

Gina Fox said:


> WOW well that increases my 'holdings' considerably...so I can tell folks not to fish in front of my house???:evil:
> 
> Not that I would do that to strangers. But I sure will be watching for my neighbor and if he DARE set paddle 'on my property' I will ask him to row on the OTHER side of the middle.


no that is only the bottom,they can float on the water all they want


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## malainse (Sep 2, 2002)

Gina Fox said:


> WOW well that increases my 'holdings' considerably...so I can tell folks not to fish in front of my house???:evil:
> 
> Not that I would do that to strangers. But I sure will be watching for my neighbor and if he DARE set paddle 'on my property' I will ask him to row on the OTHER side of the middle.



You do not "own" that section under the water, you have riparian rights to your section of the pie. You control the botom lands,who walks, hunts in your section of the pie. It also allow you to build a dock "with-in reason" in your section. But, if in a boat can go anywhere on the water, even in-front of your house... So, might leave it alone with the neighbor as he does not sound too neighborly....
'


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## Gina Fox (Nov 4, 2007)

hungry hunter said:


> no that is only the bottom,they can float on the water all they want


 
lol well its only a couple feet deep...as soon as he gets his skinny @zz out of the boat to portage...I'm yelling at him!!!!


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## The_Don (Apr 28, 2008)

ok then i have a question regarding water front homes property lines, and the high water mark.

first off i have no idea what the high water mark is
second do lake front property owners have a set lot size, or does it grow with the receding water line.

Reason i ask , is much like Ginas dilemma except for the problem i and others run into is on lake huron. Theres a guy next to the public access that gets pretty ****** about people venturing past the public access line. Now i bought my place in 96 and since then the water line has receded a good 40' or better. So does his property just keep getting bigger?


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## malainse (Sep 2, 2002)

The Don, 

Since your question has to do with Great Lakes different rules apply. In Great Lakes the state owns the bottom lands. In a recent ruling the public is allowed to walk along the shore up to the high water mark. Basically where the sand is wet. 

The landowner has riparian rights to the high water mark and thus controls that property *beach*. Over years that section of land will increase and decrease based on the lakes water level. The lot size does not change.

So in your situation, the property owner can kick people off the beach/dry sand area. 

Since the water is receding the public area is also bigger..:lol:


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## Big Frank 25 (Feb 21, 2002)

http://www.michigan-sportsman.com/forum/showthread.php?t=104771


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