# Can a landowner block a..................



## flyrod4steelhead (Mar 14, 2002)

river from people fishing it? I ran into a landowner that said he was going get some lumber and bigger rock's, and block it off so that peolpe can not fish by his dock. He has already put a tree and a gate type deal to keep people from walking on his property. When he told me this, I was standing in the river, just over my boot's. I didn't think that they can Block a river off.

Thanks


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## Pinefarm (Sep 19, 2000)

No. This is from the DNR web site. There's a lot there, but go to the rivers part...
http://www.michigan.gov/documents/publicrights_22525_7.htm

Judge Miller further stated:

Where an improvement has been artificially made, inhibiting fishing by wading where this was feasible in the natural state, such as digging of a deep hole in the river, the placing of a fence across it, or some other exercise of ownership by the riparian owner, some adjustment must be made to recognize and accommodate the public right. In other words, there should be some walkway provided so that the right to fish shall not be prohibited by indirection.

In brief, the court said that on a navigable (public) stream: (1) a fisherman or boater may float or wade in the stream or, if necessary upon the upland within the clearly defined banks of a stream without trespass; and (2) when an artificial obstruction prohibits wading or floating, an alternative route--a walkway--must be provided for the fisherman or boater.

It is presumed that where such a walkway is not provided by the riparian, the public may seek their own route provided it is subject to the principle of reasonableness.

It is quite clear that although a riparian owns the fee to the bed of a navigable (public) stream, his ownership is subordinate to the right of the public to the free and unobstructed use of the stream for navigation, fishing, swimming and other uses inherently belonging to the public. The riparian owner may not erect a fence or place a wire or other restraining feature so as to interfere with aforesaid uses by the public. Such placement is not only a restriction of and a hazard to navigation, but is a nuisance, as well as a deprivation of an inherent right of the public. Any member of the public who considers such interference as an invasion of his rights may initiate action in equity (civil suit) to abate the nuisance.


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## Pinefarm (Sep 19, 2000)

Assuming it's a navigable river...


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## Huntmaster143 (Aug 28, 2003)

We've been having a discussion over on the "Navigable" thread that used the same document BOB is refering to. If you guys get a chance read that thread and please give me your thoughts. Sometimes the more you read those legal documents, the more confusing they can get. The biggest problem to me seems to be that nobody can figure out what a navigable stream is and that is where the entire law revolves around.


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## Pinefarm (Sep 19, 2000)

Basically, little 10'-15' wide creeks are not. Anything 30' or wider is. Any river, not creek, that has an average depth of one foot is. Any river that a "reasonable person" could float a small boat or canoe down is. Here's more on guidelines...
B. Navigable Inland Stream:

A navigable inland stream is (1) any stream declared navigable by the Michigan Supreme Court; (2) any stream included within the navigable waters of the United States by the U.S. Army Engineers for administration of the laws enacted by Congress for the protection and preservation of the navigable waters of the United States; (3) any stream which floated logs during the lumbering days, or a stream of sufficient capacity for the floating of logs in the condition which it generally appears by nature, notwithstanding there may be times when it becomes too dry or shallow for that purpose; (4) any stream having an average flow of approximately 41 cubic feet per second, an average width of some 30 feet, an average depth of about one foot, capacity of floatage during spring seasonal periods of high water limited to loose logs, ties and similar products, used for fishing by the public for an extended period of time, and stocked with fish by the state; (5) any stream which has been or is susceptible to navigation by boats for purposes of commerce or travel; (6) all streams meandered by the General Land Office Survey in the mid 1800's. Moore v Sanborne, 2 Mich. 520 (1853); Thunder Bay River Booming Co. v Speechly, 31 Mich. 335 (1875); Stofflet v Estes, 104 Mich. 208; 62 NW 347 (1895); Cole v Dooley, 137 Mich. 419;100 NW 561 (1904); Sterling v Jackson, 69 Mich. 488; 37 NW 845 (1888); Collins v Gerhardt, 237 Mich. 38; 211 NW 115 (1926); Rushton ex rel Hoffmaster v Taggart, 306 Mich. 432; 11 NW2d 193 (1943); Diana Shooting Club v Husting, 156 Wis. 261; 145 NW 816 (1914); Muench v Public Service Comm., 261 Wis. 492; 55 NW2d 514 (1952); Nekoosa-Edwards Paper Co. v Railroad Comm., 201 Wis. 40; 228 NW 631 (1930); Lamprey v Metcalf, 52 Minn. 181; 53 NW 1139 (1893); Kelley v Hallden, 51 Mich. App. 176; 214 NW2d 856 (1974).


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## FREEPOP (Apr 11, 2002)

Alot of rivers/streams have their designation. Call the local DNR in the area and they can tell you. If it doesn't have a designation and you're willing, fish it and if the adjacent land owner want to file charges then you battle with him in court. That is how most waterways end up with a designation one way or the other. This is what the DNR officer explained to me when I called about a creek I wanted to fish.


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## hypox (Jan 23, 2000)

I just got off the phone with the DNR about a stream in NW that I fish. Now, down towards the mouth this stream is bigger or at least the same size as the description Bob gave. I was more concerned about the headwaters, And up there this stream is pretty small it's in the 10-15 wide creek class. I asked the DNR in Cadillac and they even confermed this with thier Conservation Officer in the area and they said the ENTIRE stream was navigable. How they know this I don't know because it's not on the navigable or non-navigable lists. Anyways to make a long story short they said as long as it is entered at a legal place you can fish ANYWHERE in the system including the headwaters. I guess if you have doubt, call the DNR it's the only way to know for sure.


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## Huntmaster143 (Aug 28, 2003)

Well Hypox, 

Sounds like you got your answer. It sounds like they have the interpretation that if any part of the stream is navigable then it all is. Seems to be different than what the guidelines say but ... works for me.

Well Good Luck fishing  

HM


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## flyrod4steelhead (Mar 14, 2002)

Thanks fella's. This is the first time that a landowner has said anything to me like this, so I was totally dumbfounded. The more I listened to him while fishing, the more I got p'd off. What is the number for the Cadillac DNR office? Anyone know? I will give them a call on Monday. Or maybe stop in their on my way up north to the Betsie river on the 15th.

Once again, thanks fella's


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## Bob S (Mar 8, 2000)

From the back cover of the 2003 Michigan Hunting and Trapping Guide:

Cadillac
8015 Mackinaw Trail
Cadillac, MI 49601
231-775-9727


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## Pinefarm (Sep 19, 2000)

See if Lt. Burke is there.


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## boehr (Jan 31, 2000)

Lt. Burke retired last January


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## Pinefarm (Sep 19, 2000)

See if someone else is there.


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## flyrod4steelhead (Mar 14, 2002)

lol.

Thanks Bob S.


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## Bucktail Butch (Jan 5, 2003)

Dean Molnar is the Law Lt. at District 6 in Cadillac.


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