# Private Sections Of Rivers & Streams?



## MAP IT (Jun 7, 2001)

Hello, I'm a new member to this site. I have been reading messages for a few days 
now and I'm wondering about these people who post, fence or chain off sections of 
streams and rivers claiming that they are private property. Does anyone know if 
this is lawful? I have never personally seen anything like this, but have read a few 
posts about it. If it's true then why does our conservation money help stock some of 
these rivers and streams? If I'm going to fish a certain river or stream that I know 
has been stocked by the DNR, I'm gong to fish! These people who think that they 
can just cut us off from certain sections are crazy! I'm certainly not paying 
conservation money for some private land owner to tell me I can't fish his or her 
river/stream frontage. Or what they think they own. I've been a land surveyor for 
years and have never seen one land owner owning rights to any one part of a river, 
stream or lake. If anyone can answer or give any information or thoughts about this 
issue can you please post a reply or send any information on where I can get 
answers I would appreciate it very much. Good luck if your heading out this 
weekend.


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## mickey (Sep 25, 2000)

I couldn't agree more. BUT, this is Rochester. (Don't take offense. I live in Rochester) People in this part of the state (and I know this is a generalization and most people on this site are not included) don'r respect or understand nature. They weren't raised to. So, by you fishing in their backyard, they lose the "norman rockwell" picture that they envision. I'm tired of it. TEAR DOWN THE WALL! Of course, I mean to take legal action to have it removed. Just like some people around here to fence off a stream. ridiculous.


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## Woolybugger (Feb 26, 2001)

You can lawfully fish any river that is navigable. I guess the measuring stick is if you could float a log down it. Seems reasonable since my brother and I frequently take a canoe through a couple inches of water. You have to stay in the water and can only go up to the high water mark to cross obstacles. These areas of the Paint sound like they should be legally accessable.
If you want DNR support check with Boehr under the Michigan Game Law section.


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## jnpcook (Jan 19, 2000)

Boeh answered this question a while ago. I will try to search and bump it back to the top. I am still trying to find out about that chain upstream of Tienken but will post when I find out.

John


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## Erik (Jan 17, 2000)

I believe you will find that if a landowner owns both sides of a creek or stream, and that creek or stream has not been deemed to be "navigable" by the state, then said landowner may post a fence acrossed the section that he owns. Now a person has to wonder the liability of said land owner should someone get hurt due to his fence, private land or not.


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## jnpcook (Jan 19, 2000)

Here is a response I got from an email I sent to Clinton Valley Trout Unlimited,

"We have been and are in contact with the DNR about this. They have advised
us that the Paint Creek in a non-navigable stream and that the landowner is
not in any violation as long as he/she owns both sides of the stream.

The only other option is to contact the landowner and ask for permission to
cross.

This has also been reported to law enforcement division of the DNR, with no
response as of yet.

Robert Bowden
President, Clinton Valley Trout Unlimited"


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## MAP IT (Jun 7, 2001)

Thank you. I did just that. I found almost all of the information I could ask for. I printed the 86 pages of water97 and it made for some very interesting reading.


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