# Designated Trout Streams



## Trout King

Let me get this straight...aside from navigability, it is legel to wade any stream that is deemed a designated trout stream in Michigan regardless of how large/navigable it is? Am I correct or misunderstanding the information I study/have gathered? I'm pretty sure that is what is states in all of the sources.


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## toto

If we are speaking of a river that is navigable, then, yes you can wade it, period. Having said that, you may get out of the water to avoid a hazard, such as a deep hole, log jam, or other such thing. When you do that, you must walk around the obstruction as closely as possible to the waters edge, you can't just walk around someones property helter skelter. Once you around this hazard you must re-enter the water. Remember, at the present time there are only 3 rivers in Michigan deemed non-navigable. Not sure which ones, or where they are, but for the most part you are fine in what you are doing.


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## Trout King

Thanks TOTO-

I understand the whole navigability thing. From what I understand is that all Designated Trout streams are navigable. 

The lists are clear about the non-navigable, but just looking for a more clear-cut answer if I ever run into problems with landowners, which probably won't happen since I usually knock on doors and ask permission, or let the property owners know my intentions, but sometimes I get there early in the morning and think it would be rude to knock at 6 am.


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## toto

Forgetting for a moment that its a trout stream, the real issue is whether its navigable or not. If the stream is not one of the 3 non nav streams in Michigan, and you are accessing said stream from a public access point, you don't need to knock on anyones doors, 6am or 6pm. You can access this water from a bridge crossing (be careful where you park your car, make sure its not off the right of way), or from state land, or from a traditional public access point. Whichever one suits your needs for access, have at it, and have fun.


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## YZman

There are more streams than those posted in the DNR document that have been deemed non-navigable. e.g.

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Planning & Zoning News, November, 1991

A stretch of the Sturgeon River was deemed to be non-navigable because it had no commercial value for log flotage due to its hydro-logical characteristics, the natural objects in the river, and the sharp bending and winding of the river, and was thus closed to the public. Machga Anstalt v. Michigan Department of Natural Resources, Case No. 124804, September 9, 1991, unpublished.
The defendants appealed from a circuit court order which determined that a section of the Sturgeon River was non-navigable and enjoined public use of that stretch of the river that ran through plaintiff's property.
The title of a riparian owner includes the bed of a ... navigable
inland stream or lake to the midpoint of the water, subject to a servitude for the commercial flotation of logs, and for fishing ... If a waterway is navigable, the public has a right to utilize the navigational servitude for the navigation of vessels, flotation of logs, and, as an incident to the servitude, fishing.

A waterway is navigable if it may be used for the commercial flotation of logs. The circuit court found that the stretch was not navigable because it had no commercial value for log floatage due to its hydrological characteristics, the natural objects in the river, and the sharp bending and winding of the river.
The court affirmed.
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Only cases that made it to Michigan's Supreme court or Court of Appeals are listed in that document.

Also note that a stream is NOT automatically navigable if it has not been challenged in court. Also note if the DNR, Sheriff's dept. or the landowner decide to press trespassing issue; YOU (and your attorney) will have to prove the stream is navigable. Not to mention if found in the landowners favor, you may be responsible for all his "reasonable attorney fees". If a stream has not been declared navigable or non-navigable, the most you can state is that it has not been declared.

yzman


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## tannhd

Yup. I wish they would straighten this out. The COs sometimes dont even know if a stream is considered navigable. It's basically: Try it out, and see if ti holds up in court. 

Waste of time and money. Come out with a published list already.


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## fishinDon

tannhd said:


> Yup. I wish they would straighten this out. The COs sometimes dont even know if a stream is considered navigable. It's basically: Try it out, and see if ti holds up in court.
> 
> Waste of time and money. Come out with a published list already.


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