Stream Access Question

[Diane]

Some friends of mine were wading in a small stream in Ithaca, NY and were told they were trespassing by a cemetary worker. When they pointed out that they had entered the stream from public land and had not left the streambed for the length of their walk, the worker replied that the stream itself was off limits to trespassers, regardless of where you enter. My friends are still trying to figure out who was in the right.

The stream doesn't have any fish that I know of, by the way. Name is "Coy Glen"

Does anyone know the actual law on this?

[LadyFisher]

Is the place listed in the state regs? Closed water here IS listed.

[Gnu Bee Flyer]

Some small creeks are off limits to waders to protect spawn and other wildlife. The two closest to me are certainly off limits.

[J Castwell]

Many states consider all water closed unless opened by the state. Many also consider (Washington) that the stream-bed is the owners property.

[Avalon]

Dear Diane,

The cemetary worker was in all likelyhood right.

New York like Pennsylvania bases it's stream access laws on the ones we carried over from Mother England.

If the stream isn't navigable then the landowner owns the stream bottom and can restrict access, even if you remain in the water at all times.

If I was one of your friend's I'd have told the cemetary worker to tell one of the residents to file a summons, but that is just me.

Best Wishes,
Avalon

[Diane]

Thanks, everyone. Your responses acted as excellent prompts to help me search out the answer and I believe I've now got it. They were trespassing.

A combination of your responses and a bit more comprise the actual access:

To be in that stream legally at least one of the following must have been true:

1. The stream must be navigable (defs of that are complex and vary by state)

2. They must have been fishing.

In other words it's legal in NY to be in a navigable stream or to be fishing in any stream. They were neither.


Thanks for the help!

Diane

[MuddlerMinnow]

Here in Connecticut, the land owner also owns the bottom of the river. If the stream is navigable, you're permitted to float over it. However, you still don't have permission to wade there unless you've received it from the landowner. However, if it's not posted "no fishing", then it's generally ok to fish there.

This is my understanding of the 'legal' implications here (and I'm not a lawyer!). In practice, if it's suburban I don't go through the stream-- people generally don't like it when you wander through their backyard, and they could certainly raise a stink. When fishing in more rural areas I pay attention to the posting. Same goes when I fish in Vermont or New York. If I have to cross private land I ask just to be polite even if it's not posted.