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question.

beararchery

beararchery

Member
I was just curious if the sides of creeks and rivers where public land. I actually heard from someone that there is 25 yards on each side of a creek and river that is public. I'm not sure if this is true and just wondering if it is.
 
From my understanding the water way is public within the banks. The outside of the banks is not public. I was always told your feet couldn't touch land as if you were in a boat but not sure if I buy that or not.
 
I think it's something like you have 15 feet from the normal high water mark... I'll have to see if I can find that in the regs

Edit: Ok, I just tried looking in the regs and I found this http://www.iowadnr.gov/portals/idnr/uploads/riverprograms/wt%20in%20iowa.pdf (go to page 7) basically, it says only up to the ordinary high-water mark is considered public, so if you are on a sandbar, you are fine up to where the actual cut in the bank occurs. I'm thinking the 15 feet thing was just a rumor I heard somewhere, but, it does seem like I asked my CO about it once and I can't remember what he said.
 
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This is a big can of worms. The term Navigatable comes into play. Most land owners will tell you they own to the middle of the channel and the water over it. If the river is "navigatable" for commerce its supposed to be public. But, all of iowa's rivers are public water. If you are on the water, its public. Step on the connected land, its private.

This is a fight that has been going on in the south for a long time now as to what "navigatable" means specifically when it comes to fishing and fishing access on rivers and connected oxbows and connected water...
 
The legal definition of navigable is any stream in which a canoe can be floated under normal conditions
 
Thanks but I still got another question. Is a culvert underneath a road considered trespassing if you go in it, its a big culvert so you can walk in it. Me and a buddie got in a argument with a landowner last year about this.
 
beararchery said:
Thanks but I still got another question. Is a culvert underneath a road considered trespassing if you go in it, its a big culvert so you can walk in it. Me and a buddie got in a argument with a landowner last year about this.
Click to expand...

No. It's within the public right of way.

Also, the navigable waterways of each county are listed online under the code of Iowa along with the definition of a navigable waterway.

Sent from my iPhone using IW
 
I've always been told if you think your tresspassing odds are your tresspassing. My understanding is the water is public the land your feet touch is not, so in all actuality standing in the water on private land is considered tresspassing.
 
The land under the water can be private but the water is public. Double check with the local sheriff to be sure.
 
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