Author Topic: Question regarding stream access  (Read 4599 times)

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Offline Mastercaster

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Question regarding stream access
« on: April 08, 2020, 02:23:55 PM »
I was wondering if anyone could help me clarify the rules as far as walking in streams. If I access a body of water through land I have permission for am I allowed to walk up or down stream in the water freely without trespassing even if the the land is no longer the land I have permission for?

Offline greensider

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Re: Question regarding stream access
« Reply #1 on: April 08, 2020, 02:39:03 PM »
Everything i can find online said you have the right to float a navigable waterway but private property includes stream beds so you cannot step foot out of the boat or walk the shoreline unless an agreement with the state or town is in place

Offline Overland

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Re: Question regarding stream access
« Reply #2 on: April 08, 2020, 03:04:33 PM »
What greensider said is my understanding as well. Floating is fine. If you try to walk up and down the Beaverkill...well, things will likely not go well for you.

Offline greensider

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Re: Question regarding stream access
« Reply #3 on: April 08, 2020, 03:10:09 PM »
Keep in mind not every stream is considered a navigable waterway

Online bigfoot

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Re: Question regarding stream access
« Reply #4 on: April 08, 2020, 03:30:02 PM »
I have a couple of spots that I want to try, the stream is right next to the road, with only a guard rail between the pavement and the stream. Someone has placed posted signs at the majority of these locations. If I were to fish there - I would be standing on the road, or worse case the shoulder.

Can these posted signs possibly be enforced?
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Offline greensider

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Re: Question regarding stream access
« Reply #5 on: April 08, 2020, 03:46:22 PM »
I would imagine it’s the same as trapping you can trap culverts and road sides unless posted or until you are told you cannot

Offline JohnB

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Re: Question regarding stream access
« Reply #6 on: April 08, 2020, 05:33:22 PM »
I believe the road question would depend on what road you are talking about. State roads, the right of way is usually owned by the state and is 30' or so out both ways from the center line for a typical 2 lane road. For larger state roads, in urban areas or where the road has moved this can vary larger or smaller but it is a good enough rule of thumb for rural areas. County, City and Town roads are a mishmash of ownership. Many of these only have a right of way for the road use and maintenance of it. The adjacent owner's property can go to the center line of the road. Other places the municipality owns the road bed with no shoulder, others the shoulder is included but varies in width. The locality and their wording of the original ROW taking or conveyance would govern in those instances. Safest bet would be to adhere to the posted signs unless one verifies the signs are invalid at the controlling municipality.

What greensider said about waterways is how I understand it as well with the addition of no anchoring allowed either. Long time ago I asked a DEC officer this question and he said if you can access it by boat without portaging you can float it but don't get out or anchor as the underlying land and shore is private.

Offline walkabout

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Re: Question regarding stream access
« Reply #7 on: April 09, 2020, 06:33:39 AM »
All streams ,creeks an rivers are different you must do your research on the particular area your talking about. this sign was put up last year in one of my favorite fishing areas on the main stem of the deleware river. This so called property owner through me off the property even though i was standing below the high water mark and entered from public land. After doing my research i found out she has no right to keep fisherman off this area of the river. When i went back 2 weeks ago the property owner came out yelling and screaming at me and i just told her she had no right to put this sign up and to go oooo herself and leave me alone before i call the cops. Well she left and i continued fishing.
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