# Question about Private Lakes



## de Silentio (May 18, 2009)

I have a question about Private Lakes. I was going to go onto Fisk Lake near Grand Rapids today with my canoe, but somebody warned me that it was a private lake and the cops could get called on me.

My question: What are the rules for "private lakes"? If I can get to the lake without tresspasing on land, can I legally be on the lake? For example, Fisk lake is connected to Reeds Lake via a small stream of water. I can launch my canoe on that small stream and paddle to Fisk Lake with no problem, but will I be breaking the Law?

I stubmled across something about a lake being Navigable, but I don't clearly understand what it meant.


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## jpollman (Jan 14, 2001)

I'm not a lawyer, but we've had discussions here many times concerning what exactly a "private lake" is. Technically, in order for a lake to be private it ALL of the land surrounding the lake has to be owned buy ONE person and it can have no inlet or outlet. So it sounds like this lake is technically not a private lake. But I'm not so sure that you could still legally access that lake via that stream. This doesn't really answer your question completely but I don't think that it is legally a private lake.

John


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## JWICKLUND (Feb 13, 2005)

A private lake is considered to be a lake where there are no inlets or outlets and all of the land surrounding the lake is privately owned, with no legal access for the public. 

If you can float into the lake, it sounds to me like the lake is not private. Contact your local CO for clarification. I am sure he or she is familiar with the lake in question.


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## TK81 (Mar 28, 2009)

Used to work with a guy who would put his canoe in exactly where you are talking about. Park right on the side of the road. Never had any issues. Said the fishing was good. This was about 8 years ago and I don't work with him anymore, so I don't know if he still goes there. I'd thing that as long as your not using private property to launch, you should be fine.


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## rick1iam (Apr 30, 2009)

If you can access the lake via a "public water way" you are good to go.Though some land owners will argue and try to intimidate you they are wrong. We have one up here that is mentioned regularly. 

The owner is now the county. The DNR lists it as a catch and release" with an *. It is legal to fish from the shore because of local laws. But if you were to drop in from the air your legal to fish.

This applies to land locked streams too. If you access say from a bridge you can fish it wading or canoing or what ever. You can also walk the bank of private land on the stream if you come up to a deep hole or beaver dam or what ever. I just don't practice these things.


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## boehr (Jan 31, 2000)

rick1iam said:


> ...This applies to land locked streams too. If you access say from a bridge you can fish it wading or canoing or what ever. You can also walk the bank of private land on the stream if you come up to a deep hole or beaver dam or what ever. I just don't practice these things.


 Providing it is a navigable stream.

de Silentio, as suggested above, *best to contact your local CO *to find out for sure before a bunch more senerios get posted without all the circumstances that go with it and make your question more confusing.


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## de Silentio (May 18, 2009)

JWICKLUND said:


> Contact your local CO for clarification. I am sure he or she is familiar with the lake in question.


Pardon my ignorance, but what is a CO?

It's a good idea to ask someone on the lake for access, I can offer them any fish I catch, I'm allergic and cannot eat or clean fish.


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## jpollman (Jan 14, 2001)

*C*onservation *O*fficer


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## de Silentio (May 18, 2009)

Does anyone know how I can find the number for a local CO? The lake is in East Grand Rapids, Kent County.


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## jpollman (Jan 14, 2001)

de Silentio said:


> Does anyone know how I can find the number for a local CO? The lake is in East Grand Rapids, Kent County.


Looks like the Plainwell Operations Center is the closest to that area. Give them a call and I'm sure they can help you out.

*Plainwell Operations Service Center*
621 North 10th Street
Plainwell, MI 49080
*269-685-6851*


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## adjusted3 (Feb 3, 2003)

boehr said:


> Providing it is a navigable stream.



As like Ray said, that is KEY. Navigable does not simply mean that you can "fit" your canoe down it. Navigable means that the steam has been court tested, historicly documented that it floated logs or some other means that it is included in the registered list of navigable rivers. 

If it is not a navigable river, and you float it and I own the banks, you are subject to tresspassing. Not that I would turn you in if you had permission in a friendly and professional manner in advance. But if in the middle of it you told me to go pound salt, you're toast. 

I have a cabin on a truly private 40 acre lake with 3 inlets and one out going with about 15 other property owners. There is zero public land on the lake. None of the inlets and the oulet is classified as navigable. As property owners, we can chose who stays on the water and who does not if they are not guests, have permission, or are property owners. Think this way, all of us 15 owners own 100% of the shoreline and own our share of the bottom land of the lake as well as inlets and the one outlet to a point of public property. Think about, if it not a navigable stream, we own that water top in equal shares as well. You cannot invade on that as well unless permission in some way is granted. 


We have had to enforce this a few times, not just because, but because the fisherman let loose with an attitude. That is another couple of storys but not for this thread. 

My best suggestion is that if this is a lake that you enjoy, take the time to go door to door and seek permission and get that in writing. Have a preprinted form, simply the owner would sign and be mindfull of the fact that you are in someone's back yard. No different then seeking private property to hunt or gather. I can tell you from personal expirence, the few that have done that with us, we have granted them privlidge including parking in our yard to access the lake. Beyond that, from your discription, you are in fact, tresspassing. 

Mark


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## de Silentio (May 18, 2009)

Thank you, everybody, for your suggestions. I think I'll give the CO a call and if in fact the stream is not navigable, I'll go door to door.


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