ok law buffs...

[scoot]

I have heard a rumor that if a road is within 15 yards of a body of water that area can be accessed. Is this true? I have a private gravel pit close to my house that has some giant bass in it and it runs very close to a busy road but there are posted signs there. If this rumor is true Id love to dump a boat. Anyone know?

[malainse]

I have heard a rumor

And that should have been your first clue that the information was incorrect..;)

Ask for permission ????

[waterfoul]

I believe the road has to END at the waters edge.

[Bailipanga]

The county or city owns 33 feet from the center line of the roadway to both sides of the road(including ditches and beyond), unless there is a special zoning granted ie. an old state highway. So if the ponds shoreline is 33 feet or less from the center of the roadway then it can be accessed.

[waterfoul]

But what if said pond is in someones nicely landscaped yard?? I can think of several ponds that fall into this category that I would NEVER fish without asking permission. Chances are the property owner is NOT going to know of this law/ordinace and may come unglued at the sight of you fishing HIS pond (at least that's how I remember it happening when I was a kid!! LOL!!!!).

[alex-v]

And that should have been your first clue that the information was incorrect..;)
Not necessarily. Some rumors are based on truth. I know of several lakes that have water right up to and over the shoulder of the road. Access is allowed. Some towns and villages will try to prevent usage by posting the road shoulder as "No Stopping, No Parking, No Standing" zones.

What I am not sure of is whether the road has to be a county road meaning that local roads might not allow for access. What "waterfoul" is talking about is often referred to as the "Road Endings Access Law" among other names. Years ago many county roads would dead end right at the lake shoreline. The area residents would want to keep the public away from the public road ending and would get the local govt or county to ticket and fine people who used the road ending to access the water.

A famous example in SE Michigan is the Cotten Road ending. The road was posted and a fence put up to keep people from accessing Lake St. Clair to ice fish. The Lake St. Clair Walleye Association and the MUCC went to the township and threatened legal action. The township checked the laws and backed down. The fence disappeared but the township put up the no parking signs. Those who wish to access the lake have to park up to a 1/2 mile away and walk to the end of the county road.

[jerryk]

I wouldn't get much satisfaction from sneaking into a guys pond on a technicality and taking away his fish.

I'd try to get permission, or find a different lake.

[ridgewalker]

If it is that far from the road and is marked private property, a person going in without permission is asking for a trespassing charge. Public access are usually marked as such, if in doubt check with the regional dnr office.

[alex-v]

If it is that far from the road and is marked private property, ....
If what is? Which are you referring to? Is it the gravel pit mentioned by "scoot" or the road ending at Cotton Rd that I mentioned or is it something else entirely??

[scoot]

I wouldn't get much satisfaction from sneaking into a guys pond on a technicality and taking away his fish.


I would :p. Especially when Im in the right, he cant get mad at me I didnt make up the technicality I just happen to know what it is. A 7 lb bass is a 7 lb bass whether its caught in someones backyard or Lake St Clair

If it is that far from the road and is marked private property, a person going in without permission is asking for a trespassing charge.

If that quote is for me, Im asking if its marked private property but isnt far from the road is it legal to access the area and what is the distance from the road it has to be? I believe the 33 foot from the center of the road is a buffer zone such as parkways being in people's yards even though the city technically owns the property. Im wondering if the buffer zone is different when it comes to water though.

[Craig M]

I have a private gravel pit close to my house that has some giant bass in it

I think the key here is private gravel pit, it's not a public lake or pond and I would assume you need permission from the pit owners to fish. Doesn't matter if the road is close to it or not I would think. Did I win the cookie?

[CL-Lewiston]

"Ending at" and "paralleling" a road are two entirely different situations.

[scoot]

Doesn't matter if the road is close to it or not I would think. Did I win the cookie?

No because according to this stipulation i had heard of which was the point of me starting this thread it would matter if the road was close to it. Im not looking for opinions, I am looking for direct ordinances or laws hence the name of the thread "ok law buffs..."

[1mainiac]

Some of these posts are wrong my property line extends to the center of the road there are areas where people own both sides of the road. My brother in law has property he wants to put a house on but cannot buy the 50 ft seperating him from the road as the guy across the street does not want a house across from him. Generally speaking States counties and townships don't purchase the land for roads or utilities they purchase or take right of way across the property usually trying not to divide your property but often is can't be avoided. Utility companies and railroads try to lease or buy unsed parts of the right of way and are at times forced to negociate with property owners. Often using eminate domain as a way to take what they need or want. You would need a correct platt map to find out who owns the right of way access and if it connects to the body of water many private lakes and areas are only private cause no one looks to see if it can be legally accessed.

[scoot]

Thank you, that is the type of post I am looking for. You have been very helpful.