I'm sure this varies state to state but what are the rules for fishing in creeks that are surrounded by private property? Can you stand or walk along the creek bank and fish or must you be in the water at all times?
Also can you access the water near where it passes under a street? I know the road commission/county has an easement 33 feet from the center of the road but that doesn't also make it a public access doesn't it?
You can get into any body of water as long as it goes under a bridge/is close to a public road I think, just walk as closely as possible to the road and access. I'm not quite sure about the walking along the creek bank, unless the waterline is clearly above the river I would just stick to wading.
Just looked at the DNR for my state and yeah the 33 feet thing does make it public access - http://dnr.wi.gov/topic/fishing/documents/questions/StreamAccessRoadROW.pdf
also found this -
The law passed in 2001
Effective September 1, 2001, people using these waterways will, for the most part, have to return to the old "keep your feet wet" test, as created by the Wisconsin Supreme Court.
Members of the public may use any exposed shore area of a stream without the permission of the riparian (i.e., landowner) only if it is necessary to exit the body of water to bypass an obstruction. In addition, a member of the public may not enter the exposed shore area except:
from the water,
from a point of public access on the stream, or
with the permission of the riparian (i.e., landowner).
>>766216
In most cases, only "navigable" bodies of water (rivers & lakes) were kept in public ownership (state of fed) which preserved public rights of access/use.
In most cases something like a small creek was never considered "navigable" and would be considered part of the property it resides on, not always, but usually.
But the legal world of "water rights" is a vast and deep subject where you find many special cases. Based on codified land law and a huge amount of historical case law.
>>766216
>easement
"Easements" and "rights of way" are specific legal instruments used to convey a limited set of "rights of use"
Example: If a state Highway Department has an "easement" or "Right of way" over and across a piece of private land for the purposes of building and maintaining a bridge and roadway, that only grants specific rights of use and would not necessarily give the public the 'legal right' to access any included creek for recreational purposes.
How can I tell if I have the right to navigate on a water body?
A good general rule is that any water body that has an official name, or is shown as a water way with a
solid or dashed blue line on the topographic maps and has a defined bed and bank is likely to be public.
To determine if the waterway is likely a public waterbody, check a local topographic map or the
department’s surface water data viewer at http://dnrmaps.wi.gov/SL/Viewer.html?Viewer=SWDV. As long
as access is gained legally, the public may navigate and recreate within these water bodies as long as
they keep their feet wet. The public may boat, fish, hunt or conduct other incidents of navigation on
unnamed water bodies if you can float from a named water body into an unnamed water body. For
ponds or ditches that are located wholly on a private property and that are not connected to a named
water body, the ponds or ditches are most likely for private use only unless the property owner grants
you legal access. The department recommends that you err on the side of caution, so if you are uncertain
whether the pond or ditch is a public water body then you should stay out until you are able to verify
whether or not the water body is public and access may be gained legally.
Generally speaking, anything that is officially known as a "river" (and not just a creek or stream) was at some point legally determined to be "navigable"
Though some waterways named or known as 'creeks' have been determined "navigable"
Lakes of a certain size are also considered "navigable"
>>766216
Here in Florida, anything below the high water line is consisdered "submerged sovereign land" and is open to public use for walking, camping and hunting. Many rivers here have large floodplains that no one can build on anyways.
Pic is the Wekiva river with decently high water, but still well below maximum high.
As a person who owns a house + property next to a stream always try to ask permission to fish. I have never turned down anyone that asked nicely which oddly enough is always kids. It's adults who should know better that I always see trespassing. Then I'm the one that has to go outside and be a dick telling them to either get in the water or off my property. Not a fan of seeing total strangers walking near my house believe it or not.
