# Private lake questions



## BIGBUCK$ (Jan 26, 2019)

What defines a private lake?
If it's with in the right of way of a public road is it still a private lake? Also how far does the right of way extend from the road? 
Do I need a fishing license to fish a private lake? I have one owner's permission.


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## fanrwing (Jul 31, 2010)

Big can of worms you opened up with these questions.
My advice should you want is, save yourself headaches and get a hold of the CO for that area, explain things and ask him/her.


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## Thirty pointer (Jan 1, 2015)

Road right of ways are for transportation only and are owned by someone and you must have permission to put your boat in the lake and walk upon the land underneath it .You can use the lake if you get there through a navicgable stream or river or from a county or state road right of way that dead ends to lake unless they condemn it . Sure you will get different opinions but this is what happened on a couple nearby lakes from me some years back .


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## BIGBUCK$ (Jan 26, 2019)

Thirty pointer said:


> Road right of ways are for transportation only and are owned by someone and you must have permission to put your boat in the lake and walk upon the land underneath it .You can use the lake if you get there through a navicgable stream or river or from a county or state road right of way that dead ends to lake unless they condemn it . Sure you will get different opinions but this is what happened on a couple nearby lakes from me some years back .


I have permission from a land owner that owns most of the lake frontage, so I can fish from his land. 
I just don't want a CO to say it's a public lake and I need a fishing license, since the public can fish from the road right of way. 
I am thinking if it's considered a private lake and I have permission, no fishing license required. But I am not sure, reason I asked.


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## Thirty pointer (Jan 1, 2015)

BIGBUCK$ said:


> I have permission from a land owner that owns most of the lake frontage, so I can fish from his land.
> I just don't want a CO to say it's a public lake and I need a fishing license, since the public can fish from the road right of way.
> I am thinking if it's considered a private lake and I have permission, no fishing license required. But I am not sure, reason I asked.


I really don't know about private lake fishing and having to have a license but if you were stopped by a CO how would you explain your fish once you left the property ? Just a thought .


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## fanrwing (Jul 31, 2010)

Ask the CO, just because its private or you've been told its private doesn't mean you don't need a license. Things that apply, is there an inlet/outlet to other bodies of water? did the state ever stock it? Ask the CO and if you don't believe him then pay the fine when he writes you a ticket.


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## DigitalGuru (Feb 25, 2019)

It is my understanding that you will need a fishing license. Nothing the in the MI DNR states otherwise: https://www.michigan.gov/dnr/0,4570,7-350-79119_79146_82448---,00.html


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## MossyHorns (Apr 14, 2011)

DigitalGuru said:


> It is my understanding that you will need a fishing license. Nothing the in the MI DNR states otherwise: https://www.michigan.gov/dnr/0,4570,7-350-79119_79146_82448---,00.html


Taken from the 1st page of the 2019 Fishing Guide.

Who needs a Michigan fishing license?
A license is required when targeting fish, amphibians, crustaceans and reptiles in *public waters* of the state. 

If a lake or pond is privately owned with no inlet or outlet you technically don't need a license.


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## plugger (Aug 8, 2001)

Generally unless there is only one property owner who owns the whole lake you need a license and must adhere to legal bag limits and methods. 


Sent from my iPhone using Michigan Sportsman


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## Lund Explorer (Jan 23, 2011)

plugger said:


> Generally unless there is only one property owner who owns the whole lake you need a license and must adhere to legal bag limits and methods.
> 
> 
> Sent from my iPhone using Michigan Sportsman




Remember the thread about a proposed bill about making it legal to fish a private lake without a license? If you didn't need one today, then why would they have been pushing that bill?


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## ridgewalker (Jun 24, 2008)

I would get a license and not worry about it.


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## stickman1978 (Sep 15, 2011)

$26.00 for a license. 7 cents a day.


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## DirtySteve (Apr 9, 2006)

BIGBUCK$ said:


> I have permission from a land owner that owns most of the lake frontage, so I can fish from his land.
> I just don't want a CO to say it's a public lake and I need a fishing license, since the public can fish from the road right of way.
> I am thinking if it's considered a private lake and I have permission, no fishing license required. But I am not sure, reason I asked.


Is there any water flowing into or out of the lake? If so you need a license. Also if the lake has ever been part of a state stocking program you need a license. Assuming those two things dont apply and the land is private all the way around you arr most likely fine without a license.

Do you only fish at this lake and nowhere else? I would buy the license to be safe and support the state fishery.

Sent from my SM-G950U using Michigan Sportsman mobile app


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## DirtySteve (Apr 9, 2006)

Lund Explorer said:


> Remember the thread about a proposed bill about making it legal to fish a private lake without a license? If you didn't need one today, then why would they have been pushing that bill?


Maybe for the same reason there was a proposed bill to change the hours you can boat on a lake from sun up to sundown.......the idiot who wrote it thought there was a law that you couldnt boat before noon because the lake he lived on had that rule. 

Sent from my SM-G950U using Michigan Sportsman mobile app


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## toto (Feb 16, 2000)

Even though it is a private lake, I believe you still need a license as the fishing is still under the regs of the DNR, but I may be wrong on that. As for fishing within a right of way, in this case it's pretty cloudy, as others have suggested, talk to the local DNR and if you aren't happy with that answer or it's too vague, as the prosecuting attorneys office what would happen if you fished there. That may be the better answer in the end anyways. I have had discussions with CO's about similar things, and they really aren't all that brushed up on water law, I can tell ya that.


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## BIGBUCK$ (Jan 26, 2019)

DirtySteve said:


> Is there any water flowing into or out of the lake? If so you need a license. Also if the lake has ever been part of a state stocking program you need a license. Assuming those two things dont apply and the land is private all the way around you arr most likely fine without a license.
> 
> Do you only fish at this lake and nowhere else? I would buy the license to be safe and support the state fishery.
> 
> Sent from my SM-G950U using Michigan Sportsman mobile app


No in or out flow, maybe spring fed? 
No idea if it was ever stocked
I never see anyone fish it. I heard it had froze out several times in the past. I also heard the fish have grubs in them. Two of the houses have swimming pools and do not use the lake. It's small
I have not done ANY fishing in years. A friend is buying a farm that borders most of the lake frontage. I'll ask him if he knows how many acres the lake is. 
I do see swans and lots of lily pads in it. 
I do not have a boat so I would only fish from shore, hoping to catch panfish


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## Petronius (Oct 13, 2010)

I love it where the person responding doesn't know the answer, but says what they think anyway, or someone says what they think the law might say because it makes sense to them, but that isn't what the law says.
*

Michigan Inland Lakes Partnership

https://www.canr.msu.edu/michiganla...hnopubliclandaroundit.DoIneedafishinglicsense*

*Fishing*

At what age are you required to get a fishing license in Michigan?


What does the money used to purchase a fishing license go toward?


I fish a private lake with no public land around it. Do I need a fishing license?
*Q: I fish a private lake with no public land around it. Do I need a fishing license? 
A:* It depends on what type of private lake it is. There are two kinds: those with a connection to public waters and those with no connection. If the private lake has a connection with public waters which fish are able to migrate to or from for any length of time during any season of the year then the private lake is property of the state of Michigan and the fish may only be taken in accordance with the law. However, if the private lake has no connection with public waters then the fish are considered private property and therefore are not subject to legislative regulation with prescribes methods of fishing, closed seasons, creel limits and minimum sizes. However, possession of fish off the premises from which taken, if contrary to law, are subject to sanctions. Riparian owners determine who can be allowed to fish on such a private lake and those with permission have the same rights and privileges as the riparian owner. The public is allowed to fish on private lakes, however they are required to receive permission from a riparian owner. 

Source: Law Enforcement Division PUBLIC RIGHTS ON MICHIGAN WATERS

May I wade in a stream while fishing without trespassing?


Where does the stream end and the bank begin?


Can I walk the shoreline of the Great Lakes?


How do I know when the ice is thick enough to be safe for ice fishing?


How does the Michigan DNR determine which hatchery stocks which waters?


Am I allowed to walk along railroad tracks while going to and from a fishing location? 


I caught a strange fish. Are there any resources available to help me identify it?


I am a new angler or I am teaching my kids how to fish. Where should I go fishing?


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## feedinggrounds (Jul 21, 2009)

fanrwing said:


> Big can of worms you opened up with these questions.
> My advice should you want is, save yourself headaches and get a hold of the CO for that area, explain things and ask him/her.


Fair advice, but a CO cannot be expected to know without a doubt property ownership or what is right or wrong 100% of the time. Many tickets written by CO's and LEO's, they are good effort at applying law. Not all tickets when taken to court survive. 50 plus years frontage on a private lake with a shared easement has taught me that the end of a dispute is expensive and only happens with a judge and gavel. I am amazed that when people hear the word "easement" or see power lines they think that landowners gave away all rights.


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## toto (Feb 16, 2000)

How about this petrol, if said private lake is stocked with fish using public fund, the public is allowed to fish it, assuming proper access, and if said access is denied, the private aren't allowed to fish it. Just cuz some one answers a question as to what they're understanding of the law is, isn't trying to be a trouble maker. Perhaps that same person has spoken with the DNR and bottom that answer. Just when we thought in another discussion you didn't berate people and call them stupid, even clandestinely. BTW, before you go off on that, I am working at a facility that is having a Michigan Lakes and Stream Association (MLSA) conference and I was directed to an attorney in attendence; he verified that what I just said is factual.


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## YZman (Mar 4, 2004)

Doesn't apply to streams period and lakes under 250 acres, further riparian owners have to give written permission. Here's the actual law:

*324.45101 Inland lakes; fishing prohibited; exception.*

Sec. 45101.

A person shall not take any fish from any of the inland lakes of this state, within which fish are planted at the expense of the people of this state, if the public is excluded from taking fish from those waters. However, this part does not apply to any small inland lakes covering less than 250 acres in which fish are planted without the written consent of the persons who together own in fee simple the submerged acreage.

*History:* Add. 1995, Act 57, Imd. Eff. May 24, 1995


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