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River access in ND

by LeviKraft , Posted to Fishing Buddy on 04/01/2011 00:14 AM | "Quote" | "Quick Reply" |
LeviKraft
Joined: 02/11/2011
Location: ND
I had a landowner tell me this today "Just to let you know, I own both sides of the river and you cant boat through here."  This was on the Mouse.  I tried looking up laws on ND century code and NDGF but i could not get a clear answer.  I know if both sides of a road are posted the road and ditch is also posted.  I am not concerned if it is posted for no hunting, BUT is it legal to "trespass" on it?  Put boat in on OK spot, take boat out at OK spot.  Just going through posted land,by boat on water, owned by same guy on both sides of rive ? 
LGK
Re: River access in ND
by wood duck 30 on 04/01/2011 00:17 AM | Reply #1 | "Quote" | "Quick Reply" |
wood duck 30
Joined: 03/23/2006
Location: ND
I am not 100% for sure, but I think thats bull shit.  I think you can go anywhere on the water,  Just like you said not launch and loading boats.  As long as you stay in the water you are fine.
Re: River access in ND
by mod1220ga on 04/01/2011 00:54 AM | Reply #2 | "Quote" | "Quick Reply" |
mod1220ga
Joined: 04/06/2008
Location: ND

If it's a navigable water way, access to the water cannot be restricted.  To the land along the shoreline yes, but not the water itself.  Even the land on the bottom of the river can be restricted if the water dried up for some reason.  This goes for all rivers and creeks that have flowing water.  The person that own the land on both sides does not own the water.
 

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Re: River access in ND
by doublebarrelsaloon on 04/01/2011 02:56 AM | Reply #3 | "Quote" | "Quick Reply" |
doublebarrelsaloon
Joined: 04/22/2009
Location: MT
mod1220ga Said:

If it's a navigable water way, access to the water cannot be restricted.  To the land along the shoreline yes, but not the water itself.  Even the land on the bottom of the river can be restricted if the water dried up for some reason.  This goes for all rivers and creeks that have flowing water.  The person that own the land on both sides does not own the water.
 

Are their different rules for the upper missouri? From what was explained to me the landowner only can control the land down to the established "high water mark" anything else is fair game below that even as the water level goes down. Maybe that,s just a Corps rule up here and not for all navigable rivers I'm not sure.

I dont go around guessing cup sizes either I just know a nice rack when I see one.
Re: River access in ND
by iceeyes on 04/01/2011 09:54 AM | Reply #4 | "Quote" | "Quick Reply" |
iceeyes
Joined: 12/06/2008
Location: ND
i think its like that for any bodies of water like, i have a buddy who owns some land and he owns its all around this big lake but in the dead center theirs a tiny section of wildlife in it, and last year some blue platers walked across his land and to that water. They could not go on his land to get to the water but if they could have brought a plane out there then it would be legal. But i think you are in the clear since you on a river, hopes this helps

Re: River access in ND
by LeviKraft on 04/01/2011 11:02 AM | Reply #5 | "Quote" | "Quick Reply" |
LeviKraft
Joined: 02/11/2011
Location: ND
I think i will ask the game and fish. Thanks for the input.
LGK
Re: River access in ND
by bowhunter_24 on 04/01/2011 12:31 PM | Reply #6 | "Quote" | "Quick Reply" |
bowhunter_24
Joined: 11/07/2005
Location: ND
u can go anywhere you want on a river.
Go big or go home
Re: River access in ND
by Bowhuntin on 04/01/2011 12:32 PM | Reply #7 | "Quote" | "Quick Reply" |
Bowhuntin
Joined: 11/17/2003
Location: ND
LeviKraft Said:
I think i will ask the game and fish. Thanks for the input.
It's not a G&F issue. mod1220 is right, you can't be restricted access on navigable water. Access to the water can be controlled, but once you're on it you can go anywhere the boat takes you.
Re: River access in ND
by LeviKraft on 04/01/2011 1:04 PM | Reply #8 | "Quote" | "Quick Reply" |
LeviKraft
Joined: 02/11/2011
Location: ND
There are often differences between state or federal laws, and NDGF rules or regulations. But I am confident now that the guy who threatened me with this was mis-informed.
LGK
Re: River access in ND
by bjpederson on 04/01/2011 1:17 PM | Reply #9 | "Quote" | "Quick Reply" |
bjpederson
Joined: 10/10/2002
Location: ND
iceeyes Said:
i think its like that for any bodies of water like, i have a buddy who owns some land and he owns its all around this big lake but in the dead center theirs a tiny section of wildlife in it, and last year some blue platers walked across his land and to that water. They could not go on his land to get to the water but if they could have brought a plane out there then it would be legal. But i think you are in the clear since you on a river, hopes this helps
So since they were trespassing they are blue platers? So why are people throwing this term around on FBO for anyone they feel is breaking the law?
Re: River access in ND
by Get Goosed on 04/01/2011 1:25 PM | Reply #10 | "Quote" | "Quick Reply" |
Get Goosed
Joined: 08/13/2010
Location: SD
bowhunter_24 Said:
u can go anywhere you want on a river.


Yeah, but all rivers some that are small and go onto landowners land maybe different, they has to be some law or ruling as to what is right and wrong on waterways.
Re: River access in ND
by iceeyes on 04/01/2011 1:28 PM | Reply #11 | "Quote" | "Quick Reply" |
iceeyes
Joined: 12/06/2008
Location: ND
they come here not knowin where they are going to hunt, and all of our and his property is posted tightly, and indeed they had blue plates from minnesota, and when you catch you they just play dumb like they didnt see the posted sign when they park right next to it. it happens several times every year to us and gets old.

Re: River access in ND
by Tim Sandstrom on 04/01/2011 1:38 PM | Reply #12 | "Quote" | "Quick Reply" |
Tim Sandstrom
Joined: 07/14/2003
Location: ND
Key word is navigable water.




 
Kirsch's Outdoor Products | Fargo, ND | 701-261-9017 | koutdoorproducts.com
Risovi Taxidermy Studio | New Rockford, ND | 701-947-2048 | risovitaxidermystudio.com
Jig-em-Up Guide Service | Grand Forks, ND | 701-739-9198 | jig-em-up-guide-service.com

 
Re: River access in ND
by Tim Sandstrom on 04/01/2011 1:39 PM | Reply #13 | "Quote" | "Quick Reply" |
Tim Sandstrom
Joined: 07/14/2003
Location: ND
And yes, century code has all you need.

Furthermore, there was some laws in the works I think two years ago concerning this.  I'm not sure where their fate ended up.

I also believe if you flew in on a helicopter and dropped a boat in on water that is surrounded by posted property you can be there.  Not completely sure though on that.




 
Kirsch's Outdoor Products | Fargo, ND | 701-261-9017 | koutdoorproducts.com
Risovi Taxidermy Studio | New Rockford, ND | 701-947-2048 | risovitaxidermystudio.com
Jig-em-Up Guide Service | Grand Forks, ND | 701-739-9198 | jig-em-up-guide-service.com

 
Re: River access in ND
by Tim Sandstrom on 04/01/2011 1:41 PM | Reply #14 | "Quote" | "Quick Reply" |
Tim Sandstrom
Joined: 07/14/2003
Location: ND




 
Kirsch's Outdoor Products | Fargo, ND | 701-261-9017 | koutdoorproducts.com
Risovi Taxidermy Studio | New Rockford, ND | 701-947-2048 | risovitaxidermystudio.com
Jig-em-Up Guide Service | Grand Forks, ND | 701-739-9198 | jig-em-up-guide-service.com

 
Re: River access in ND
by Tim Sandstrom on 04/01/2011 1:42 PM | Reply #15 | "Quote" | "Quick Reply" |
Tim Sandstrom
Joined: 07/14/2003
Location: ND
I noticed it was still quoting the 2003 century code.

So might want to double check but I don't believe much has changed regarding river travel.

http://www.legis.nd.gov/information/statutes/cent-code.html




 
Kirsch's Outdoor Products | Fargo, ND | 701-261-9017 | koutdoorproducts.com
Risovi Taxidermy Studio | New Rockford, ND | 701-947-2048 | risovitaxidermystudio.com
Jig-em-Up Guide Service | Grand Forks, ND | 701-739-9198 | jig-em-up-guide-service.com

 
Re: River access in ND
by Tim Sandstrom on 04/01/2011 1:53 PM | Reply #16 | "Quote" | "Quick Reply" |
Tim Sandstrom
Joined: 07/14/2003
Location: ND
I don't know about my helicopter comment.  Something tells me  thought a law passed that made natural water holes public property.  Not sure, I haven't a clue now.  So do your own research before making a call on it.




 
Kirsch's Outdoor Products | Fargo, ND | 701-261-9017 | koutdoorproducts.com
Risovi Taxidermy Studio | New Rockford, ND | 701-947-2048 | risovitaxidermystudio.com
Jig-em-Up Guide Service | Grand Forks, ND | 701-739-9198 | jig-em-up-guide-service.com

 
Re: River access in ND
by murdock1978 on 04/01/2011 3:51 PM | Reply #17 | "Quote" | "Quick Reply" |
murdock1978
Joined: 07/12/2003
Location: ND
Some people say that the mouse river is not a navigable river!!
Re: River access in ND
by 3-D on 04/01/2011 5:31 PM | Reply #18 | "Quote" | "Quick Reply" |
3-D
Joined: 04/01/2011
Location: ND
Below is how ND law reads for navigable waters.

Except when the grant under which the land is held indicates a different intent, the owner of the upland, when it borders on a navigable lake or stream, takes to the edge of the lake or stream at low watermark.

When it comes to the Mouse River the key is the first bolded part of the above sentence.  The grant under which land adjacent to the Mouse River states as follows "that portion of the W2 of section XX lying East or West of the main channel". The Mouse River is the only ND river that I am aware of that the deeds go the the center of the main channel and not the low watermark thus the grant indicates a different intent.  So landowners pay taxes all the way to the center of the river from each side so they are allowed to post the river to the center of the channel. 

Extremely difficult to enforce and not sure why anyone would want to, except maybe snowmobiles running it in the winter.
18 Replies | Page 1 of 11 | Top of Page | Bottom of Page
Posted By: LeviKraft
Posted On: 04/01/2011 00:14 AM
882 Views, 18 Comments

Tags: river, access, boat, sides, mouse, ndgf, cant, landowner, laws, own
More Tags: Hospitality_Recreation
Region: North Dakota

Categories: Fishing > Perch Fishing
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