I’ve seen a lot of discussion here and elsewhere on the rights of the public to use waterways, i.e. fishing access through private property.
My question is: Does anyone know, or know somewhere I could find the laws on that in the state of Kentucky?
I was tipped off to, and scouted out this weekend, a pretty nice looking largish creek a few miles from the homestead that supposedly holds smallmouth and other local species. I can get through a large section of it without getting into private property, however, to go further upstream, I’ll have to go by tiny industrial facility.
I’m just trying to find out what my legal rights are to enter the water in the public property area, then wade up by the facility.
There’s a similar area closer to me, but to wade upstream a ways, I would have to wade through the creek, running through a residential area. In that case, if I really wanted to fish it, I’d just ask permission from the residents along the creek and I’d be fine, but I really don’t want to go through the process on the industrial facility, especially considering it is never operating on the weekends, when I would be passing by it.
It might also be good for other beginning fly anglers to know the laws in their states, so if anyone wants to post what they know about other areas, that might not be a bad idea.
Check the Fish & Game’s website - I suspect what you’re looking for is there. You can’t be the only one to ask the question.
Hugs,
LF
Sad thing is, LadyFisher, I spent roughly an hour on the Kentucky Department of Fish and Wildlife’s website looking for just that prior to posting my original question. Couldn’t find a thing. I come and look at your reply, then go back to the website and immediately find at least one part of the answer. I’ll have to keep looking though. There is a statute requiring that you receive permission from a property owner before entering their lands, but my question over whether the waterway is considered their property bears a little more research.
try here
http://www.nationalrivers.org/states/ky-law.htm
i dont think fish & game departments write river laws. they dont even check for licenses in my area
http://fw.ky.gov/navigation.aspx?cid=200
http://www.nationalrivers.org/states/ky-law.htm
Or you could ask on SEFF.
You might also check with your local FFF org.