# Can somebody clear this up?



## Tjs1995231 (Sep 23, 2018)

Does anybody know the law on river fishing on private property?I've heard its 3 ft off the bank just wanna be sure.Also does this apply to creeks too?


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## Shoeman (Aug 26, 2000)

And where did you hear that?


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## Tjs1995231 (Sep 23, 2018)

Multiple people actually.


Shoeman said:


> And where did you hear that?


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## GVDocHoliday (Sep 5, 2003)

As long as you're in the water...you're legal. 

Sent from my moto z3 using Tapatalk


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## jjlrrw (May 1, 2006)

The way I understand it you must be in the water and the water must be considered or deemed navigable. There may be law where you can get out of the water when its unsafe (too deep) I don't like that one maybe just turn and go back where you started. I asked this same question last year in the thread below. Walking the river bank 3' will just add to erosion 

https://www.michigan-sportsman.com/forum/threads/wading-in-river.601918/


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## hommer23 (Nov 20, 2012)

Simple answer is, the Judge and or prosecuting attorneys office in the area you plan to fish. Just because something might be considered legal by one person don’t mean you won’t or can’t get a ticket for it and spend a bunch of time and money.


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## Trout King (May 1, 2002)

hommer23 said:


> Simple answer is, the Judge and or prosecuting attorneys office in the area you plan to fish. Just because something might be considered legal by one person don’t mean you won’t or can’t get a ticket for it and spend a bunch of time and money.


Bingo.


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## toto (Feb 16, 2000)

For the time being, lets assume it is navigable water, the only law in that case is that you stay below the high water mark. The high water mark, as deemed by a judge in Iosco County is deemed to be the mark where it's obvious that that's where the vegatation stops growing down to the water line, or something like that. As for crossing property, it is legal to do so only in the case of getting around a hazard such as a log jam, deep hole, or some such, but one must immediately return to the water once around obstruction, and must only be on property in the least intrusive way possible, in other words, don't wander around, get around the obstruction in the quickest way possible. The only other legal way to be on private property is in the case of an emergency, for example, it's one of those days where you can't buy a fish, and you've literally casted your arm off, you may cross private property for that emergency to get to a hospital, btw, don't forget your arm so they can sew it back on.


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## sherman51 (Oct 28, 2018)

I don't know or pretend to know mich laws. but here in Indiana you have to be in a boat to be on private land. your not even allowed to drop anchor. the land under the water belongs to the land owner. as long as you don't touch bottom you can fish the water. it belongs to no one.


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## pescadero (Mar 31, 2006)

sherman51 said:


> I don't know or pretend to know mich laws. but here in Indiana you have to be in a boat to be on private land. your not even allowed to drop anchor. the land under the water belongs to the land owner. as long as you don't touch bottom you can fish the water. it belongs to no one.


As far as I can tell - that isn't true.

Indiana seems to adhere to similar riparian rules as Michigan - anchoring is ok. Swimming and touching the bottom is ok.

...anything PERMANENT is not ok.


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## swampbuck (Dec 23, 2004)

toto said:


> For the time being, lets assume it is navigable water, the only law in that case is that you stay below the high water mark. The high water mark, as deemed by a judge in Iosco County is deemed to be the mark where it's obvious that that's where the vegatation stops growing down to the water line, or something like that. As for crossing property, it is legal to do so only in the case of getting around a hazard such as a log jam, deep hole, or some such, but one must immediately return to the water once around obstruction, and must only be on property in the least intrusive way possible, in other words, don't wander around, get around the obstruction in the quickest way possible. The only other legal way to be on private property is in the case of an emergency, for example, it's one of those days where you can't buy a fish, and you've literally casted your arm off, you may cross private property for that emergency to get to a hospital, btw, don't forget your arm so they can sew it back on.


This is your answer. Although some landowners will never accept it.


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## Luv2hunteup (Mar 22, 2003)

Tjs1995231 said:


> Does anybody know the law on river fishing on private property?I've heard its 3 ft off the bank just wanna be sure.Also does this apply to creeks too?


This should help you define your situation. No one here can help you without River/creek specifics.

https://www.michigan.gov/documents/Water97e_142928_7.pdf


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## JWICKLUND (Feb 13, 2005)

Tjs1995231 said:


> Multiple people actually.


Multiple people are wrong then. Riparian rights and very clear. Nowhere does it say anything about 3 feet. You can exit the river onto private property to go around a hazard but that’s it.


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## DirtySteve (Apr 9, 2006)

JWICKLUND said:


> Multiple people are wrong then. Riparian rights and very clear. Nowhere does it say anything about 3 feet. You can exit the river onto private property to go around a hazard but that’s it.


I would agree with you on the 3ft rule not existing. 

I have to disagree on riparian rights being clear. In michigan riparian rights are one of the most unclear laws i have ever read about. There are so many grey areas. What does going around a hazard mean? What is the defintion of a hazard? A hazard to me as a 47 yr old man might be completley diffrent to a 19 yr old kid or a 75 yr old man.


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## JWICKLUND (Feb 13, 2005)

The riparian rights are wordy and confusing but I’ve spent a lot of time reading and enforcing it so I’ll give you my interpretation. A hazard is anything that prevents navigability. That could apply to wading or floating. It’s a discretionary factor so it could be a deep hole, log jam, large rocks, etc. and each situation is viewed as what would be reasonable. Remember, this is a misdemeanor so an officer handling this would have to show beyond a reasonable doubt that the recreational trespass occurred.

I also understand people can be lazy and just walk the river bank without making any attempt to get back into the river or wade back upstream. This is the reason for the law. I have worked crowded salmon rivers in the fall and watched people walking the river banks past countless no trespassing signs. Those people are the ones that fit the definition of the law as they are making no attempt to get back into the river.


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## Splitshot (Nov 30, 2000)

And I have seen many no trespassing signs below the high water mark making them illegal. That is unless it is okay to place no trespassing signs on public property.


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