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is it legal?

9/28/20 @ 8:19 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 11 TO 15 OF 15 POSTS
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9/28/20 @ 1:44 PM
Phat Walleyes
Phat Walleyes
User since 3/31/15

From the WDNR... 

(how I always understood - law now)

Navigability determines whether a water body is public or private. Navigable streams are public waters. Because navigable waters are public, they may be used for fishing, provided public access is available, or you have the permission of the landowner to cross their property to reach the water...

Effective September 1, 2001, people using these waterways will, for the most part, have to return to the old "keep your feet wet" test, as created by the Wisconsin Supreme Court...

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. In addition, a member of the public may not enter the exposed shore area except:

  • from the water,
  • from a point of public access on the stream, or
  • with the permission of the riparian (i.e., landowner).

Obstructions could consist of trees or rocks, shallow water for boaters or deep water for wading trout anglers. The bypass should be by the shortest possible route...

9/28/20 @ 12:09 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 @ 10:39 AM
Bowhunting Guy
User since 5/22/18

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

9/28/20 @ 9:07 AM
prop-buster
prop-buster
User since 6/14/05

check out Wisconsin's "wet feet law" in the trout regulations

DISPLAYING 11 TO 15 OF 15 POSTS
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