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is it legal?

9/28/20 @ 9:19 AM
ORIGINAL POST
da finn 55
User since 1/31/19

A trout stream was recently posted as private property. Is it legal to still fish it if I stay in the water and never leave the stream or walk on the land? I asked for permission but was denied. Just wondering.........

DISPLAYING 1 TO 10 OF 12 POSTS
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TODAY @ 5:09 AM
Credance
User since 5/6/20

We had this where we fish, Person walked onto private property from a public land access  all legal Then he hiked to the fishing spots Not legal you must be in water You can not fish unless you are in water no off the bank stuff You may exit water to go around any obstacles such as trees or deep holes but you have to return immediately to the water.  Sandy  and muddy  creeks tell you what you have to know if some one is walking the bank. Contact area police They will tell you take a picture or a video and they will ticket for trespassing. Real question is why fish where you are not wanted. I look at public ,and and see litter stretched fences and broken tree limbs leave a spot better than when you fished Try arguing with a land owner that will never work

10/21/20 @ 11:42 AM
troutguy66
troutguy66
MEMBER since 10/13/19
9/30/20 @ 8:14 PM
Mr_Natural
Mr_Natural
User since 9/5/20

Just remember, Wisconsin has over 13,000 miles of designated trout streams.  Finding a place to fish without conflict isn’t all that hard.  I also understand that I don’t know where you are located, so that could change things a little bit.

9/30/20 @ 11:42 AM
hockeyguy39
User since 8/24/07

Fair enough! I'd always heard to the high water mark, but this is good to know! means I can still make it to a spot that's now posted if I'm willing to put in the time and effort!

9/29/20 @ 5:31 PM
Bruno1
User since 3/21/14

Da Finn 55,

I suggest you report these dudes to the WDNR or local game warden - save yourself getting arrested or ticketed by some local sheriff or warden who does not know the law.  Look at the Wade decision from the 1800s!  

Bruno

9/29/20 @ 5:29 PM
Bruno1
User since 3/21/14

HockeyGuy39, Your comment is inaccurate.  The Wisconsin Supreme Court has consistently held going back to the 1800s that, "Members of the public may use any exposed shore area of a stream without the permission of the riparian (i.e., landowner) only if it is necessary to exit the body of water to bypass an obstruction."  There is a long history in the law and many cases on the topic.  They make for interesting reading and a number of "what if" scenarios even for non-attorneys.  Owners of the adjacent land own to the center-line of the stream but that right is subject to the State's Public Trust which allows fisherman to wade in the stream AND to exit the stream to bypass an obstruction.  

9/29/20 @ 1:42 PM
badgerstatehunter
User since 2/6/06

You are legal if feet are wet.  You also can take path of least resistance around obstruction.  Landowner can't do anything if you follow those rules.

9/29/20 @ 10:41 AM
mendota
MEMBER since 12/19/01

I think I would meet your local warden at this place.  

9/28/20 @ 1:09 PM
hockeyguy39
User since 8/24/07

While you can stay wet and be legal, it would not shock me one bit if you had to climb out of the water to safely pass an obstruction. Then you're no longer legal unfortunately. This is also assuming you're accessing the property via the stream from public access to the water or private land you DO have permission to be on.

9/28/20 @ 11:39 AM
Bowhunting Guy
User since 5/22/18

Yes, it is legal. No one owns the water. 

DISPLAYING 1 TO 10 OF 12 POSTS
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