I have not had much experence fresh water fishing and am not familer with the rules regarding land/water access.
Now the nearest stream to me has a bridge on a county road across it. I can physically access the water by going along the side of the bridge down the embankment. By doing this I might be on private land (not sure - it may be county land). If it is private is there a public easement extending about 6 ft from a road that I can use? 6 ft is all I need to get to the water.
Once in the water, I assmue that I can go anywhere in the stream, I just can’t exit (except for emergencys) on private land, so will have to travel back to the bridge. This even goes for when the land on both sides is owned by the same person. When does the stream end and the private land begin (can I use any dry land?)? What about small islands in the stream?
Another question regarding easments. On my property there is a easment for a lot that was never built on. The lot has since merged with another lot w/ a house. The easment is for access to the road even though access can be to another road serving the house that owns the combined lots. In order to use this easment extensive landscaping must be done which involves removing my bolders, cutting my big trees and regrading my land. Also the easment is about 4 ft from my well (the well was placed before I got the house). Does easment rights give the rights to modify the landscape? Does my well factor into this at all? Does the merged lots void the easment? The easment was never used AFAIK, and if it was it was just walked on (with great difficulity) maybe once (as you would not want to do it a 2nd time).
Also if the lot was ever developed, the easiest way for a road to be developed would be (possibly the other road from the other direction) using my drivway that starts not at the easment but ends close to my well (and hence at the easment). Could I be somehow forced to allow access to the lot using my driveway?
You really need a real estate lawyer. AFAIK, esements are given to a certain party or parties for a specific purpose. If the party no longer needs the easment, it could probably be removed. But you really need a lawyer who practices in your area. You might contact the local association of Realtors and see if they might recommend someone.
Can’t help with the fishing either! The rules vary from state to state. In Missouri some streams are considered ‘navigable’, while others are not. What’s allowed depends on the classification.
This is totally off the top of my head, but I think if it is a live stream (flows throughout the year) it is considered state property and accessible to the public. Getting there is your next hurdle. The bridge and its’ easement are the property of the locality, which should be public accessible, unless otherwise stated. Most of my stream fishing has been accessed next to a bridge; it’s usually the easiest entry point. And as far as my experience has been if there are no posted “No Trespassing” signs people are more likely to allow you on their property, if you kindly ask first. Also, remember if you’re going after trout you need a trout stamp and barbless hooks and good luck.
Is that info for NY YEP, I know it’s only off the top of your head but it would help me to know if it is from the same state.
I don’t know for sure that it doesn’t freeze solid during the winter, It looked like it still was flowing under the ice last winter.
I havn’t gone trout fishing in about 6 years, The hooks I used contained the standard barb at the tip to prevent the trout from unhooking himself. Are these now banned for fresh water, I have to use a ‘straight’ hook? Or are the barbs you are talking about on the back side of the hook?
Wandering flyfisherman here. The navigable water laws are different from state to state. I Googled for some New York statutes with no luck. Here is some information from the NY DEC:
From the looks of it, NY is not a state with complete navigable water rights.
Not that there isn’t tons of great public waters there. I fished the Beaverkill and Delaware (world famous trout waters) a few years ago, had a blast. Visit your local bait or fly shop for access points.
To debarb hooks in the eyes of the law, simply file down with a metal nail file or mash the barb(s) with hemostats. I haven’t used a barbed hook in for freshwater fishing in years and have caught scads of fish. “Straight hooks” is a mystery to me. No treble hooks maybe?
Sorry, kanicbird , my experience was with Pennsylvannia. To makeup for my blunder I found a bit of info from: http://www.dec.state.ny.us/website/dfwmr/fish/pfrland.html
“Since 1935, the Department of Environmental Conservation (DEC) has worked with private landowners to ensure access to these prime fishing waters. During that time, nearly 1,200 miles of public fishing rights (PFR) easements have been purchased on over 350 streams across the state. The landowners participating in New York’s PFR program are the key to its success, and the reason that our children will be able to continue enjoying fishing.”
I believe deball is correct, in that NY does not have navigable water rights. There is a link on this cite that labels the PFRs by counties and regulations for their use. Hope your stream is one of them.
Trout fishing and catch and release go hand and hand with me. Barbless hooks reduce stress and any possible damage to the fish when removing the hook. If you plan to catch and release I’d recommend going barbless, if you’re keeping them don’t go over your kreel limit (maximum number of species a day) and watch the size limits.
In Minnesota and Wisconsin it’s 6 feet from the water line. After a short search I have come to the conclusion that the New York State website is a convuluted mish mash of worthless information.