# Ohio, Waterways/Trespass  stinks



## FlightLineGuy (Sep 2, 2012)

Fishing in other states and fishing in my own, are two entirely different things; as far as accessibility to the fish. 

Recently, I was on a trip up north and joined in a stream-side chat with some locals, about the huge difference in laws for waterway access (mainly wading through). Waterway access plays a large role in drawing and maintaining interest into the sport.

It disappoints me greatly that Ohio has such a law that undoubtedly turns away angling in streams. In gist, you can float through it, but; dont get out and step on it without permission. Up there - in short  the land owner only owns the bank  so, you can wade right through  but, the land owner must only give way to portage around an impassable or dangerous obstacle, to allow safe passage back into the water. Pretty simple.

Without quoting the Ohio Revised Code, verbatim; Ohio isn't really a fisherman friendly state. If one was to follow the law to its current intent, one would need to get written permission from all land owners in a stretch, well before a cast was made  if your wet wading.

In a time where an advantage to draw new interest to outdoor activities and to gain interest in tourism to the state, one would think that adopting statues like those in Michigan, would be on the horizon, if not already in play. 

I totally get the argument of more people, more problems  but, increased access, means increased vigilance on opportunities for growth in many different ways. More eyes on the water.

So, what if anything is being done? Are we, as a fishing community doing anything to address it? Who takes this lead? Do we have a voice? Dead issue??


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## M.Magis (Apr 5, 2004)

That's what we've been missing today, another thread about wading laws.


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## FlightLineGuy (Sep 2, 2012)

M.Magis said:


> That's what we've been missing today, another thread about wading laws.


...sorry, just a rock in my boot on this.


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## imalt (Apr 17, 2008)

I think it is kind of a dead issue. It isn't really enforced heavily. I know I have been on alot of streams and never had an issue. If I was ever asked to leave by a landowner I would leave.


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## Salmonid (Apr 14, 2004)

Several groups have run this up the political flagpole including Trout Unlimited when I was a chapter and council chairman back in the late 90's, I was involved in MANY meetings with about anyone who would hear our argument. bottom line is one of the state Divisions ( watercraft, forestry, Natural resources, Wildlife) would have to back the change in laws and none of them are willing to do that. (political reasons) and to quote one of the higher-ups...." Why on earth would we want to do that? heck we have been trying to make the farmers our friends for the last 75 years...." and that about sums it up.... Yup a very dead issue.....

I say, wade on.. out of sight = out of mind....That's my motto, I started parking down the road and riding a bike or walking to access spots so no one knew I was there. Also agree if anyone asked me to leave, I politely did so.

Salmonid


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## TheCream (Mar 19, 2009)

Isn't it easier to ask for forgiveness than it is to ask permission?


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## Shortdrift (Apr 5, 2004)

TheCream said:


> Isn't it easier to ask for forgiveness than it is to ask permission?


Makes a lot of sense. Been confronted a couple times and explained that I wasn't doing any harm to private and public property the showed the person some of the trash I picked up (which I do when fishing) and usually end up with a OK and a handshake. I'll also ask if they would prefer I stop and inform them next time through. Nothing beats being civil with landowners s well as law enforcement personnel.


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## rickerd (Jul 16, 2008)

I'm no lawyer, but from what I understand, all waters were protected at one time early in our country's history, when most waters were designated as "navigable." The waters and the land to access them will be held in trust for the citizens. This made them the property of the people and their use was designated for commerce, transportation and recreation uses. The state of Michigan is still adhering to much of this practice. From what I was told, some bastard JUDGE in the 1800s changed the law in Ohio and we are following this ruling ever since. Make me governor and it will be the first thing I change when in office.

Rickerd


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## ejsell (May 3, 2012)

I'm going to be in Connecticut in a few weeks so I've been perusing some fishing forums and facebook pages from there. A discussion popped up that a well known access point on the Housatonic was blocked off by the property owner. The interesting thing to me was apparently their DNR has a guy whose only job is to negotiate public access points with private property owners. Everyone commenting didn't think the access would be closed for long because this guy is very good at what he does.


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## Flymaker (Jan 24, 2013)

I just go by the simple rule....tread lightly and leave only foot prints......I only park in areas that are well used and float or wade from there.....never had a issue in almost 30yrs....don't really expect to either...but if asked to leave I will politely do so....on the mad river at least trout unlimited has done a good job with keeping things flexible....the Stillwater also has a club that stays abreast of things....If I do want to access's thru private property that would otherwise be risky , I just ask and I've never been turned down.... I really don't think its that big of a issue ..If common sense is applied .


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## flyman01 (Jan 23, 2013)

I agree with the "out of sight, out of mind" motto. When wading streams/rivers unless in public area or a national park or forest, without permission, you most likely are trespassing on someone's property. In these situations, I try to stay in the water as much as humanly possible as I wade and if I get to an area that I can be seen from someone's back window, I don't fish there. To date I have yet to be confronted by a land owner while I have been wading through private property. Talking with some of my friends who have been confronted, the biggest issue the landowners brought up was the littering (bait containers, soda cans......) and the trampling of crops. Treat the river and the property it goes through with respect and you should have no issues.


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