# Swimming Areas



## Tracker83 (Jun 21, 2005)

I have a few questions regarding swimming areas in Michigan inland lakes.

- What constitutes an official designated swimming area? Do the boundaries have to be defined using the crossed diamond "swim area" buoys?
- What are the laws/rules/regulations regarding fishing in or around a swimming area. I searched the fishing guide and cannot find anything.
- Are there regulations regarding who can define a swim area and where it may be placed?

I've been noticing a trend on some lakes that I fish where frontage owners are establishing very large swim areas in front of their properties, and then coming unhinged when people fish near their swim area. They angrily make accusations that fishermen are breaking the law by fishing there. In some cases the standard cylinder style buoys are used with the "crossed diamond" symbol and "swim area" text. In other cases round orange ball-style buoys with no markings are used. One in particular is an owner with a significant amount of frontage (1000+ feet) and their swim area extends to probably 200' from shore. They have been doing this for several years on a lake with both county sheriff and DNR CO presence, so I'm guessing that their swim area is legit.


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## fishinfever (Feb 14, 2005)

You have posed some interesting questions I hope someone can answer them or provide a link to the appropriate regulations and not just an opinion. I have seen some similar situations and it causes confusion at least with the chance of worse. I don't know the law but I am familiar with regulations relating to swimming rafts and could see considering the orange floats like a swimming raft and allowed with the pretense of warning skiers of possible swimmers but I can't imagine they could prohibit fishing inside the area.

Imagine if all the land owners placed buoys and prevented fishing within 200 ft on the entire lake.

Good luck,
FF


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## UplandnWaterfowl (Jan 3, 2010)

- Are there regulations regarding who can define a swim area and where it may be placed?

Section 324.80159
Just click on this link http://lmgtfy.com/?q=Section+324.80159


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## UplandnWaterfowl (Jan 3, 2010)

- What constitutes an official designated swimming area? Do the boundaries have to be defined using the crossed diamond "swim area" buoys?
- What are the laws/rules/regulations regarding fishing in or around a swimming area. I searched the fishing guide and cannot find anything.

http://www.michigan.gov/dnr/0,1607,7-153-10365_10884-22790--,00.html


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## kzoofisher (Mar 6, 2011)

Really good question. A "swimming area" put in place by a private entity essentially privatizes public water. There must be some mechanism to approve an area and to show a public benefit like there is for shipyards. Google so far has been unhelpful, probably because the term swimming area is way too broad.


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## feedinggrounds (Jul 21, 2009)

The most likely cause is PWC operators careless operation and folks not feeling safe. I live on a lake 40 acres and when 5-8 PWC are out there sooner or later something will happen. Would love to see a 100 acre minimum lake size to operate PWC We put a swimming raft 100 ft from our dock to discourage the person that rides once a summer from running into swimmers. This has gotten out of control and is just a matter of time. PS never ever harassed a fisherman, it getting crazy out on the water.


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## miruss (Apr 18, 2003)

Right here they need a state permit to do this contact you local co about these areas have him check into it!!!

*324.80159 Buoys or beacons; permit for placement; application; revocation; removal.*



Sec. 80159.

A person shall not place a beacon or buoy, other than a mooring buoy, in the waters of this state except as authorized by a permit issued by the department pursuant to part 13. The department may issue a permit for the placing of buoys or beacons in the waters of this state to mark obstruction to navigation, to designate bathing areas, to designate vessel anchorages, or for any other purpose if it will promote safety or navigation. An application for a permit shall contain information required by the department. If buoys or beacons are placed in the waters of this state without a permit having been issued, the department may order their removal. If, in the judgment of the department, buoys or beacons authorized by the department are found to be improperly placed, the reason for their placement no longer exists, or the buoys or beacons do not conform to the uniform system of marking established by state regulation, the department may revoke the permit authorizing their placement and may order their removal. Revocation of permits and orders of removal shall be by written notice to the person placing the buoys or beacons or to the person to whom the permit was issued at his or her last known address, directing the removal within a specified time. The person to whom the notice is directed shall remove the buoys or beacons in accordance with the instructions. If the person fails to remove the buoys or beacons within the specified time, the department may cause their removal, and the cost and expense of the removal shall be charged against the person authorized to place the buoys or beacons or, where authorization has not been granted, the person placing such buoys or beacons and shall be recoverable through any court of competent jurisdiction.



*History:* Add. 1995, Act 58, Imd. Eff. May 24, 1995 ;-- Am. 2004, Act 325, Imd. Eff. Sept. 10, 2004


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## frenchriver1 (Jul 5, 2005)

feedinggrounds said:


> The most likely cause is PWC operators careless operation and folks not feeling safe. I live on a lake 40 acres and when 5-8 PWC are out there sooner or later something will happen. Would love to see a 100 acre minimum lake size to operate PWC We put a swimming raft 100 ft from our dock to discourage the person that rides once a summer from running into swimmers. This has gotten out of control and is just a matter of time. PS never ever harassed a fisherman, it getting crazy out on the water.


As in any group, a small percentage deviates from the norm of appropriate behavior, and I think some PWC operators tend to drive that percentage higher. I do not have one and have no desire to have one because I see very limited usefulness in them. 

I do not think putting a swim raft 100 feet out from the dock will stop a fool from acting like one.


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## Tracker83 (Jun 21, 2005)

The law posted by UplandnWaterfoul and miruss seems to answer 2 of the 3 questions. One must obtain a permit from the MDNR to "buoy off" a designated swim area, and the buoys must conform to the "uniform system of marking" which I assume means a proper buoy with the crossed diamond marking (the orange inflated ball style buoy would not be appropriate?). I think I'm good there.

However, it would still be nice to have clarification on fishing in or around a swim area. I understand the buoys define an area that is off-limits to vessels, but do I have to stay some distance back? Could I keep my boat just outside of the buoys but cast inside of them? (Obviously I wouldn't do this if anyone was swimming there.)


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## DecoySlayer (Mar 12, 2016)

IF I remember correctly from last summer, boats were required to stay outside the buoys that marked the swimming area at Sterling. I believe they had to remain 100' outside the markers, but I could be remembering wrong.


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## kzoofisher (Mar 6, 2011)

Good info. At least I know I can check if someone creates a private area.


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## wannabapro (Feb 26, 2003)

Some of my best fishing takes place in "swimming areas". One lake in particular I troll and cast inside the buoys and almost always pull a few walleyes. Early in the morning. Before people arrive.


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## SnowJunkie (Oct 31, 2013)

At one point I remember reading (I believe in the fishing guide) that it was illegal to fish within 100 feet of a designated swimming area OR within 100 feet of a swimmer in the water. However, I was not able to find that written anywhere when I searched for it recently.


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