# Michigan Roadside trapper. Need Answer plz.



## SuperSeal110 (Dec 6, 2003)

Today I went out scouting for some bridges around my area. I came to a small one lane bridge and parked my truck on the shoulder of the road. Bridge is covered with **** tracks everywhere. There's a ledges that ***** follow that's under about 1-3 inches. After scouting that bridge I decided I better get going to check some more bridges before I had to go to work.

Went to my truck and seen a lady coming my way. So I waited to see if she had anything to say. She asked what my job was. So I was like, what you mean? She asked why were you down there. So I explained to here that i'm scouting for trapping. She asked my name so I gave it to her. She said she owned the property right by the bridge. I explained that I had legal right to be down there scouting since the State owns the road and You don't own the water down there. "At this time she's starting to get pissy with me". She said I'll have too look up the laws and I said go for it, i'm legal as can be. She said if you get one of my cat's in your traps i'm steeling your traps. Go for it lady and i'll have the DNR over here to arrest you, It's a felony for steeling I replied to her. That was one of my encounter I got in today. 

I heard that if you're under the bridge in the water, you're legal? Just wanting alittle information before setting some bridges around here. I work at a restraunt in town and I know a trapper and his wife and I asked about this. They use to run tons of roadside traps and she replied if your under the bridge or in the water that you're legal can be.

Any Michigan Roadside trappers care to shine some light on this matter? Thanks for your time


----------



## Linda G. (Mar 28, 2002)

This one needs to be directed to Boehr for verification, but up north, where things are much more laid back and people tend to appreciate trappers more, the road commissions told us that there is a 33 foot easement from the center stripe of any county or state maintained road (not private roads) in either direction, and that we could place our traps anywhere within that easement (except on the road of course).

So that's what we've done-we've got more than 20 water sets out right now. No one has even seen them-unless you mark them really well, chances are this woman won't, either. Chances are good she doesn't even know what a water set looks like. 
DO make sure you're legal in every respect, that you're using the right size traps, that they are tagged with your personal id, and that you check them as required by law.

I would only use footholds that ***** have to step in the water to get into-that way, you won't catch her cats. For mink and rats, I'd use 110 coni's IN THE WATER.


I would go out of my way to check them when you are least likely to run into this woman again-avoid causing a scene, or provoking her any further. 

If your traps disappear, document whatever evidence you find as well as you can with photos, ie., tracks to the set, then call the cops. 

Good luck and have fun-there are waaay too many ***** out there. You should do very well.


----------



## James Dymond (Feb 23, 2002)

I think you need permission, the road commission does not make the trapping laws. I could say more but will wait for an answer from a CO.
Jim


----------



## Linda G. (Mar 28, 2002)

but the road commission confirmed this with the sheriff's department when we asked that question, since we were nuisance trapping for beaver at the time. Now, we're only talking about water sets here. The sheriff told us to go for it, with the special permit from the road commission for out of season trapping.


----------



## michigan (Dec 4, 2003)

Not every road has a 66 ft. right-of- way. Even those that do you will find that the adjacent landowner will maintain that he pays property taxes to the ctr. of the road (and he does) and in which case can give you tons of trouble. As for the legality of bridge trapping I don't know but would certainly like to, 
I trap private property but have spoken to enough road trappers to know that theft is a big problem. I would like to think that its not fellow trappers but anti's and ornery landownes.


----------



## bogwalker (Aug 5, 2002)

Hey...in Michigan the landowner owns the land under the water and you can fish it but you cant hunt or trap on it.


----------



## SuperSeal110 (Dec 6, 2003)

How can you own water? Always been told that no one owns water. I need to call the DNR tomorrow and ask and I'm going to e-mail them about this to see what info they have for me. Thanks for all the replys guys.

Mike


----------



## michigan (Dec 4, 2003)

I think thats right. Seems like I have heard that yrs. ago. Its not ownership of the water thats in question here, as you say you can't own water. You have to think of the water rising and receding exposing more or less land. Keeping in mind that the land is private property and your trap is on the land I believe you are in fact.....trespassing. I still wonder about the right-of-way at the bridge. Has the land owner given the state,or county a 'right-of-way' and still retains ownership? I believe so, as I mentioned earlier we pay properrty taxes to the center of the road.


----------



## Bubba Jr. (May 9, 2003)

As far as I can tell you have no legal right to trap by the bridge, or any stream that borders a road. Unless the land is public land. If I am not mistaken property owners own to the center of the road. At the top of page 43 (of the 2003 MI. hunting and trapping guide), also page 14 (2nd paragraph) I believe it covers what you need to know. After reading that I wouldn't trap there.


----------



## SuperSeal110 (Dec 6, 2003)

I e-mailed the DNR tonight asking if it's legal or not. Tomorrow i'm calling them. 

I got one of those plot books anyhow to tell who own what land and how much they own. Has everyone's # in it. I'll try that too.


----------



## Dave Lyons (Jun 28, 2002)

Well I have had this question mant times. But you as a trapper/hunter don't have the right to roadside bridge trapping without the landowner permission. But you have access to fish it, sorry I don't understand that one, but just get the permission and set away.

I won't set bridges unless I am in Northern MI it seems everyone still repects what I am doing up there. As thief has been a huge problem this year on my line and I trap mostly private land. There are a bunch of SCAB wantannabe trappers out this year with a little increase in fur prices.

Dave Lyons


----------



## eye1zLotto (Jun 1, 2003)

I just researched this:http://MiDNR.custhelp.com/cgi-bin/M...X4mcF9wcm9kX2x2bDI9fmFueX4mcF9wYWdlPTE*&p_li=

Based on riparian law, which incedentally, is very complex, you would have no right to set traps even in the water wherein the property on any side is owned by a private party.

As I understand it, you would however, be able to use a boat and travel along that same waterway (provided it is navigable) and indeed, step onto to someone's private property merely to "go around" some object in the river that blocks your passage. But setting traps there, appears to be taboo if you don't own the land and/or have permission.


----------



## SuperSeal110 (Dec 6, 2003)

Guess i'll have to scan my plat book and ask for some permission.


----------



## fishing addict (Mar 15, 2003)

I,thought,I,posted this saturday,but,I,guess it didn't.In our area landowners become upset about people stopping by bridges,because there is so much dumping going on.I, picked up alot of trash that wasn't mine,and eventually got permission from most of the landowners to access there property,even away from the bridge.Make sure you hide your sets or you might end up with someone else running your traps for you,and not sharing your profits.Good Luck


----------



## Mallard (Jan 9, 2002)

It's the old bottom lands law. Property owners own to the middle of the road, and to the center of any stream adjacent to the property. Irregardless of "road right-of-way" you still HAVE to have permission from the land owner. This is where trappers get a bad name, as most will simply disregard the law, and set the private land anyway, claiming it's within the right-of-way of the "state owned" property. Not so......you are indeed trespassing. I don't know what the damage control angle is, but can't imagine there is a clause that states the road commission can grant permission to tresspass during the off season, for critter control measures. Especialy without concent of the property owner. If someone came to my property, and trapped out the fur during the off season, claiming the road commission said it was ok, the trapper as well as the road commision would both be hearing from me in a big way, and the trespasser would be held accountable. I'll end by saying I've lost more permission because of other trappers tresspassing than I care to admit. Keep in mind, your actions today influence peoples opinions of trappers for many years.


----------



## SuperSeal110 (Dec 6, 2003)

Thanks for all the reply everyone. This is the e-mail I got back from the DNR this afternoon.

Response (Jaqueline Waber) - 12/08/2003 09:03 AM
You must keep in mind that all county drains and all county roads are 
easements through private property. These easements are what allow the 
drain commission and the road commission to build and maintain roads 
and drains through private property. The lands under these drains and 
roads are still privately owned and the owner still pays taxes on these 
properties. Therefore, if you are going to walk or wade in these areas 
for the purposes of trapping, you would need permission from the 
landowners to do so.

The same would apply to creeks or rivers that are not on public land. 
Hunting and trapping are landowners rights. 

So if you have permission to be there, you are licensed for the season, 
and the season is open, and you are in compliance with all other 
requirements, you would be legal to trap there.

Guess I'll ask permission. Thanks.

Mike


----------



## Bubba Jr. (May 9, 2003)

Did we learn anything here Linda G.


----------



## Linda G. (Mar 28, 2002)

that in northern Michigan at least, people either don't question the Road Commissions, or don't care...I spoke too soon on my first post, I should have clarified right from the beginning that we only nuisance trap the private land culverts, where according to all sources I've spoken to, a Road Commission nuisance trapping permit supercedes private land rights. Again, that includes the local sheriff. 

All of our current sets are water sets on either county or state lands, except for a couple in streams of land we've had permission to hunt and trap on for years. I should have clarified that, too, when I said that we have traps out right now.


----------



## multibeard (Mar 3, 2002)

Like, Linda I too have worked nuisnece beaver for both the road commission and the drain commission. I have never been questioned by any one as to taking beaver for the road commission as long as I stayed on the right of way. 

At one time I had a special permit out of the Grand Rapids Dnr office to use snares on road rightaways while working for the road commission. I was afraid of some kid messing around my 330's and legholds and getting hurt. I sure didn't want to get sued, let alone getting expensive traps stolen.

Once you start getting towards the northern part of the state and away from the cities it is a whole different world.


----------



## Chuck (Sep 24, 2000)

I find it interesting that its illegal to trap but some ahole can ride there snowmobile threw your yard legaly as long as they are with in the 30' from center right of way. Ive called the county sheriff and thats what I was told anywase.

I would think most would give you access to trap if you ask. There are so many ***** that to some they are a real problem.


----------

