dblmainbeam
Member
I heard today that you cant wade down a river without permission because the land owners on both sides own the the land under the water. You can take a boat down but if your bottom touch your tresspassing. Is that B.S.?
Is it really a law?
- Thread starter dblmainbeam
- Start date
-
- Tags
- None
Windwalker
Life Member
navagational only every thing else is trespassing
dblmainbeam
Member
even fishing?
Earl E. November
Member
States are different as are the rivers you are talking about, but that is pretty much the way it is here. Float a boat and the state owns the water, set anchor or get out, your on private property.
Like wise if your dog is trespassing you are trespassing if you are on the offended property or not. Like you can't send your dog across the fence to flush or retrieve game
Like wise if your dog is trespassing you are trespassing if you are on the offended property or not. Like you can't send your dog across the fence to flush or retrieve game
dblmainbeam
Member
Does anybody know where you can see this law?
How about when there is ice? Snowmobiles run rivers when there ice all the time.
How about duck hunting out of a boat can you retrieve them if they fly on to land? I don't hunt ducks.
A guy I know son just got his butt chewed for wading down a river shooting ducks. I have never heard this law and I can't find anything about it on the dnr site.
How about when there is ice? Snowmobiles run rivers when there ice all the time.
How about duck hunting out of a boat can you retrieve them if they fly on to land? I don't hunt ducks.
A guy I know son just got his butt chewed for wading down a river shooting ducks. I have never heard this law and I can't find anything about it on the dnr site.
Limb Chicken
Active Member
It is the law. Even duck hunting if you are touching the shore/bottom you are trespassing.
R
Renobber
Guest
Dogs can't read signs. and you have the right to go get the game unarmed. you are fine on the water. another question I have is. is it legal to shoot out of the boat if the motor isn't running? granite if you had permission on the land (for whitetails). cuz duckhunting you are shooting out of the blind with the motor off.
Daver
PMA Member
I am a little rusty on this since it has been a few years since I looked into this. But the answer to this question is, it depends...
There are two distinct classifications of moving streams in Iowa, meandering v. non-meandering. At any rate, there are two fairly different sets of rules that apply based upon the stream classification.
If a steam is classified as meandering then the river bottom, the shoreline up to the permanent vegetation line and so forth is considered public access. The larger rivers like the Cedar, Iowa, etc, are considered meandering. In this case you can wade the stream, camp or build a duck blind on the sandbars, walk the bank below the highwater mark, etc, and do so without trespassing, regardless of whether the adjacent land is posted or not.
Now then, if the stream is classed as non-meandered , then the adjacent landowners rights apply and you can be considered trespassing if you are not floating. Technically speaking, jumping out of a canoe and touching the bottom is considered trespassing, etc. I know the Upper Iowa River is non-meandered, giving the farmers the right to stretch a fence across the stream to keep cattle in, etc. (This can lead to a bad mix of high water and canoes, but don't ask me how I know this!) It gets a little more complicated if the adjacent land is posted on a non-meandering stream. You should double check this, but I think I remember that you can be charged with criminal trespassing if you walk/wade/etc on posted ground on a non-meandering stream.
So, find out how the stream you are referring too is classed and go from there. But I will guess from what I read in your original post that this person is probably pretty close to true.
Good luck.
There are two distinct classifications of moving streams in Iowa, meandering v. non-meandering. At any rate, there are two fairly different sets of rules that apply based upon the stream classification.
If a steam is classified as meandering then the river bottom, the shoreline up to the permanent vegetation line and so forth is considered public access. The larger rivers like the Cedar, Iowa, etc, are considered meandering. In this case you can wade the stream, camp or build a duck blind on the sandbars, walk the bank below the highwater mark, etc, and do so without trespassing, regardless of whether the adjacent land is posted or not.
Now then, if the stream is classed as non-meandered , then the adjacent landowners rights apply and you can be considered trespassing if you are not floating. Technically speaking, jumping out of a canoe and touching the bottom is considered trespassing, etc. I know the Upper Iowa River is non-meandered, giving the farmers the right to stretch a fence across the stream to keep cattle in, etc. (This can lead to a bad mix of high water and canoes, but don't ask me how I know this!) It gets a little more complicated if the adjacent land is posted on a non-meandering stream. You should double check this, but I think I remember that you can be charged with criminal trespassing if you walk/wade/etc on posted ground on a non-meandering stream.
So, find out how the stream you are referring too is classed and go from there. But I will guess from what I read in your original post that this person is probably pretty close to true.
Good luck.
I saw this law used to some hunters advantage last year. A guy that has a bunch of land close to one of my hunting areas has every thing posted as "no hunting declared game reserve", yes it says reserve. He's selling off the land in 2 acre plots for the city folk.
Anyway, the two guys decided they wanted to hunt the river that meanders through his property during second season shot gun last year, so they did! He of course called the sheriff who called the DNR and the DNR told the guy they were doing nothing wrong and there was nothing he could do about it.
Needless to say there will probably be a lot of traffic along the banks of that river this year as there are a ton of deer along there.
Anyway, the two guys decided they wanted to hunt the river that meanders through his property during second season shot gun last year, so they did! He of course called the sheriff who called the DNR and the DNR told the guy they were doing nothing wrong and there was nothing he could do about it.
Needless to say there will probably be a lot of traffic along the banks of that river this year as there are a ton of deer along there.
I do not think it is 15 feet, I think it is to the high water mark. Meaning on a meandered stream you can hunt, trap, fish, etc. up to the high water mark. I used to trap a lot of the larger rivers in Iowa, and though I did it by boat, I could get out on land and set traps as long as I did not go past the high water mark.
Limb Chicken
Active Member
Iowa1,
I believe Kaare is referring to his home of SK...
I believe Kaare is referring to his home of SK...
Hardcorehunter
UL Shelter/Stove Geek
Yes that is right, the state owns the water, but the landowner owns the land. You can float and fish at will; no wading.
JNRBRONC
Well-Known Member
To muddy the waters a little more, so to speak
, I don't think it is legal to shoot "on or over public waters" but I doubt that is stopping anyone who is exploiting this loop hole to gain access to ground. I'm guessing they would shoot across the river or at deer that are swimming. I know a landowner who is getting TONS of pressure off a meandered river bottom.
