# Mad River Reminder - Please Read



## hunterm (Apr 22, 2004)

Folks

Please read the reminder below from the Champaign Co. game warden. It is incumbent on all of us to adhere to the laws regarding stream access and trespass. My appologies for plagerizing the post from the Mad River Outfitter web site but I felt it was a message worth getting out as the fishing season kicks off. Remember folks, access to the Mad is a privelage given us by the landowners along the stream.

Good Fishing!!! 

Hunterm


3/30/09- A reminder from Game Warden Jeff Tipton:

Fellow Anglers,
While working The Mad River today I was flagged down by a landowner who wanted to complain about an angler trespassing on his property. He pointed to the field along the river and said "if that guy walks another 100 yards, I want him arrested". I looked over and watched as a man carrying a flyrod and wearing breathable waders walked through the field to reach a fishing spot. I walked out and made contact with the guy and told him that I had a complaint from the landowner. He showed me his fishing license and told me that he was from Columbus and that he has belonged to a particular flyfishing club for about 4 years. I attempted to explain the issue and told him that his actions could cause the landowner to shut down the entire stretch of the river. I took his information and went to discuss the situation with the landowner. Thankfully, the landowner had calmed down a little and said that he only wanted the guy warned. The man pleaded ignorance about walking in the farm field, so hopefully I was able to educate him. Being that he's somewhat new to fishing The Mad, he likely did not know about the concerns of many landowners. Hopefully he will head the warning.
I left him, went south, and saw another flyangler walking through a field. He had a sticker on his truck from another fly club. Thankfully the landowner hadn't seem him.
I am certain that I am preaching to the choir on this issue, but I am asking for your help. Help me educate folks about the "rules of the river". It's especially important to educate folks that are new to the sport. All it takes is one unhappy landowner to shut down an entire section of river.
If you all could spread the word to all the flyfishing clubs, I would appreciate it. Ask that they post this and other rules on their websites.
Thanks again,
TroutTrooper
Jeff Tipton
Champaign County
Wildlife Officer


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## TPfisher (Aug 31, 2009)

I, as a fellow flyfisher and somewhat of a newbie to the Mad River access issues was very happy to read this article and I, believe it or not take the side of the landowner on this one. I know I'm probably gonna get berated with replies asking how I could be on the side of an ******* like that, but it is HIS land, and I personally feel that should be respected. While I don't any river land myself, a family friend of mine owns a large stretch on a river out in Montana and had it clearly marked no trespassing, and yet, because it was a prime brook trout stream, people blatantly ignored the signs and one person almost drown, and sued my friend. Now my friend won the court case but it cost him thousands of dollars in legal fees, so this is why I side with the Mad River landowner on this case.


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## imalt (Apr 17, 2008)

I have never been to the mad but I thought the landowners were pretty cool as long as you stayed in the river and didn't cut thru their land to get to the river. I side with the landowner also, they could be complete jerks and not allow any wading in the river since it is their land on the river bottom.


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## 9Left (Jun 23, 2012)

imalt said:


> I have never been to the mad but I thought the landowners were pretty cool as long as you stayed in the river and didn't cut thru their land to get to the river. I side with the landowner also, they could be complete jerks and not allow any wading in the river since it is their land on the river bottom.


..agreed..new to fishing or not...asking permission is just common knowledge, and respectful...and youre right imalt...those landowners around that area are pretty nice and gracious about people walking the banks or wading.ALways have been


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## Britam05 (Jun 16, 2012)

I fished the Mad river once this year. The group I was with parked at the US36 access point. And used the river as our traveling path. I respect the landowners of our water's boundaries. Because of a friend of mine. He owns land that borders the Greenville Creek. He has livestock and has an electric fence. He mows a path all the way around his property and mowed access points for me into the creek. We have a mutual need and work together to achieve these needs. I need the water and he needs his fence. I remove and limbs or weeds that touch his fence as I walk to the creek and he keeps my path mowed. It works great for both of us


Posted using Outdoor Hub Campfire


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## Mean Morone (Apr 12, 2004)

So what are the rules? Are these fisherman safe from prosecution if they are in the river? I love to fish streams, creeks and rivers, but don't fish most because of all the no trespassing signs. Asking the land owners for permission works only when you know who owns the land. Seeing a sign does not tell you who owns the land. I used to fish a small creek when I was a teenager that I would love to take my son to but don't want to take the chance of getting run off. One time my brother and I were fishing this same creek. When we came back to his car, a Sheriff was standing there with my brothers info in his hand. He had broken in to the car to access my brothers info(I wonder if that was legal). He said he got a call from a land owner. I haven't been back to that creek since. It's been almost 40 years. I go over that creek all the time and it always brings back memories of fishing with my brother who is now deceased. I respect the rights of the land owners too. So much so that I wont fish streams and creeks that I'm not familiar with.


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## 9Left (Jun 23, 2012)

Mean Morone said:


> So what are the rules? Are these fisherman safe from prosecution if they are in the river? I love to fish streams, creeks and rivers, but don't fish most because of all the no trespassing signs. Asking the land owners for permission works only when you know who owns the land. Seeing a sign does not tell you who owns the land. I used to fish a small creek when I was a teenager that I would love to take my son to but don't want to take the chance of getting run off. One time my brother and I were fishing this same creek. When we came back to his car, a Sheriff was standing there with my brothers info in his hand. He had broken in to the car to access my brothers info(I wonder if that was legal). He said he got a call from a land owner. I haven't been back to that creek since. It's been almost 40 years. I go over that creek all the time and it always brings back memories of fishing with my brother who is now deceased. I respect the rights of the land owners too. So much so that I wont fish streams and creeks that I'm not familiar with.


well..the law says basically that the landowner owns the ground..even if that ground is covered by a flowing river..they do NOT however, own the water..so, if your floating, and using the waterway..your legal..if you anchor..the landowner would have the right to run you off there property if they wanted to..and yes..it IS hard to know which house/farm that section of riverground belongs to..it seems a bit farfetched to ask permission,get the "ok", wade 100 yards or so to the next guys property, get out, ask again..and so on..thats why i try to stick with float trips in a canoe/kayak


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## IGbullshark (Aug 10, 2012)

Mean Morone said:


> So what are the rules? Are these fisherman safe from prosecution if they are in the river? I love to fish streams, creeks and rivers, but don't fish most because of all the no trespassing signs. Asking the land owners for permission works only when you know who owns the land. Seeing a sign does not tell you who owns the land. I used to fish a small creek when I was a teenager that I would love to take my son to but don't want to take the chance of getting run off. One time my brother and I were fishing this same creek. When we came back to his car, a Sheriff was standing there with my brothers info in his hand. He had broken in to the car to access my brothers info(I wonder if that was legal). He said he got a call from a land owner. I haven't been back to that creek since. It's been almost 40 years. I go over that creek all the time and it always brings back memories of fishing with my brother who is now deceased. I respect the rights of the land owners too. So much so that I wont fish streams and creeks that I'm not familiar with.


the law is REALLY dumb. the water is owned by the state and therefore you are allowed to use it but the ground under the river is owned by the private land owner. so as long you aren't touching the ground in the river you're ok. like i said...its DUMB. i agree that people should respect the landowner because it IS their land. but i completely disagree with the whole "private owner owns the ground under the water" thing.


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## guppygill (May 8, 2004)

IGbullshark, how can it be "dumb", the law deals with PROPERTY LINES. Their line might be across the creek on the other side, so the ground under the water is theirs. Seems like the law is fine.


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## EnonEye (Apr 13, 2011)

This is one of the reasons I quit fishing the Mad decades ago. It can be done, staying in the river and walking just on the river banks I never had any problems but the quality of fishing in comparison to the trouble to get to it and fish it just didn't seem worth it to me. It certainly is not a Pennsylvania limestone stream in regards to the beuty of it. Although it is a unique fishery in Ohio and certainly worth preserving for future generations to be able to see trout in a stream. Years ago there were some wild brook trout that you could catch near feeder streams (hint).


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## BassAddict83 (Sep 21, 2010)

IGbullshark said:


> the law is REALLY dumb. the water is owned by the state and therefore you are allowed to use it but the ground under the river is owned by the private land owner. so as long you aren't touching the ground in the river you're ok. like i said...its DUMB. i agree that people should respect the landowner because it IS their land. but i completely disagree with the whole "private owner owns the ground under the water" thing.


It has to be that way because water levels are constantly changing. You wouldn't want someone standing in your backyard just because the river flooded up to it would you?


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## ARReflections (Jan 7, 2011)

IGbullshark said:


> the law is REALLY dumb. the water is owned by the state and therefore you are allowed to use it but the ground under the river is owned by the private land owner. so as long you aren't touching the ground in the river you're ok. like i said...its DUMB. i agree that people should respect the landowner because it IS their land. but i completely disagree with the whole "private owner owns the ground under the water" thing.


I think a big assumption sometimes is that fisherman are always carefully about where they thread and the waste they leave behind. I have seen too much trash along otherwise beautiful and pristine waters that if it would make me throw up no trespassing signs too. Asking a landowner the right to wade or walk on their land shows respect for the law and respect to the landowner. If I was a landowner, that would at least provide a bit of confidence that I respected the land and owner. If I found trash or other things I did not approve then I would at least have better idea who did what and restrict access to that person in the future. Put yourself in the landowners shoes and I think the law works well; assuming the land owner is not using the waterway / property for illegal activity.


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## IGbullshark (Aug 10, 2012)

like i said, i respect landowners and all that jazz. i just think the law is dumb. i see no reason why the riverbed cant belong to the state. the riverbed is a set area of the river during normal flow. i just think it would make things a lot easier if the state owned the riverbed and the banks are the start of the landowners property. the assumption that people who are floating down the river are cleaner than people who are wading down the river just doesn't make sense.


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## Mason52 (Aug 21, 2009)

There used to be a fishing easement along the Mad, at least in some places I used to fish. Is that still in place? I seem to recall it being 20 or 30 ft back from the bank so a guy could walk along the river from spot to spot but not in the farm fields...


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## Salmonid (Apr 14, 2004)

all fishing easements have all expired and for the last 20 years, Trout Unlimited and the DNR have worked VERY hard to keep on the landowners good sides and becuase of that hard work, the Mad river through Champaign county is probably the best access stream in the state for fishermen. You can basically park at any bridge, ( not blocking access to a farmers field durring Spring or Fall) and get in the stream and wade up or down just about anywhere in the county and not have any problems. Now that doesnt mean if a landowner sees you and asks you to leave that you should question that but for the most part, you can wade without any problems in the whole county ( on the Mad River mainstem) 

"True" Public access is available in the park at West Liberty ( East bank and wading only, West bank is private) 
Downstream from Pimmtown Rd to the first iron Bridge both sides
Upstream from Rt 296 to mouth of Kings Creek, wading and East bank only
Downstream from Rt 36 both banks to the RR Bridge (1900')
St Rt 55 really has a public parking access but the access is heavily used even though its not official public access.

ALL of Kings Creek is Private except the lower 150 yards before it dumps into the river and 90 Percent of Macochee Creek is Private, it is fishable around the castles and thats about it. all else is heavily posted. all other Tribs are definately OFF Limits 100%!!

State stocks only up to West Liberty so ALL waters above there is questionable as far as access, most is heavily posted. 

I hope this helps, as always if someone has specific questions or wants to know the specifics on where the landowners are a bit overprotective, PM me and Ill give you more info. 

Salmonid


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