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Some clarification on riparion rights in Mich.

kaptainkosmic

New member
There seems to be some question about these rights..
Here are the basics: on any inland natural waterway public or private (lake, stream, river) the abuting landowner owns to the middle of the waterway!
If you go to this site www.mwai.org/riparian.htm and download the pdf at the bottom of the page. If you read thru the pdf you will see this info confirmed several times.
The rules concerning the great lakes are different but there still are rules.
I don't want to see anybody get jambed up on this, is the reason for posting.
To the admin, wasn't sure about posting link but was only place I could find info easily available. If its a problem remove it! No harm no foul
Steve :)
 
For example The shoreline of the GREAT LAKES in Michigan now belongs to the people. On ANY of the GREAT LAKES, you can walk on dry land up to the high water mark along the shore. This was changed a few years ago.

This law also doesn't apply to PUBLIC lakes, any lake with public access. They tried to kick all the partiers off the sandbar in Cass lake and the people that owned the shoreline lost. I do believe on ANY lake with public access, the land owner only owns to the shoreline. (Local ordinances could prove me wrong though)

Also one police department said their DEED has to include riparian rights to be able to enforce the law.

I don't know all the laws LOL and neither do the police. In one lake 6 times I was told I was ok, the 7th I was told I was trespassing. I demanded a ticket which was tossed out in court.

I do believe its a great informative piece and is a general guideline BUT I also do believe it has a few bugs!!

The only problems I have ever had are the private association parks. Who has the right to say your trespassing? Another problem is in order to get a ticket for trespassing, the person that is the complainant HAS to see you touch the bottom. 99% of the people you meet along a lake are WONDERFUL people and will talk to you about your hobby and let you play. There is that 1% that think they own the whole lake!

Ohh I did have a problem with accessing a lake going across private property. I got permission from the real estate agent that was selling it and he took my name and number down and told me if the owner had a problem he would call me back. This was on a VACANT piece of property, no house. the rich neighbor called the police twice. the second time the officer gave me a hard time. he even threatened to tow my truck. I said go ahead and sat on a log. About 5 minutes later he called me over to his car, apologized and we talked for awhile and he left.

If ANY homeowner wanted me to stay away from their property, I would do so. That has NEVER been the case. A park is a park though and if I can get access to a lake LEGALLY, as far as I am concerned a park is fair game. And hence why the ticket I demanded was dismissed. However, I will NOT dive under any children, I will go very early in the morning or after dark.

I do think any negative publicity isn't good for our hobby and I strive to bring lots of positive light to it. I have been in 6 papers and on Fox 2 News Detroit twice. In one private lake they have a clubhouse with tons of old pictures of things on the lake. I gave them some tokens, some Hutchinson bottles and an old ice saw they used to cut blocks of ice for the old oak iceboxes for their display and have been invited back anytime I want to go there. I have also been invited to their association meetings.

A few other associations have given me permission to hunt anytime. they have witnessed all the trash I take out and have all thanked me. I also have a Certificate of Appreciation from a county for cleaning a lake. Not to mention all the rings I have returned after being contacted by a member of an association park. Most ALL the caretakers have invited me back.

So my advice to Michiganders. is DO NOT TRESPASS. Don't try to go into any private lake without permission. If you find a lake you want to access. Contact people on the lake, make business cards. REMOVE all the trash you find. I have WRITTEN permission slips. So far 4 are signed.

IF your NOT breaking ANY laws, stick up for yourself. Only ONE person can have you ticketed for trespassing, that is the homeowner of the land your on. BUT in order to get a ticket, he has to tell you your trespassing and you refuse to move and you have to be touching the bottom. He is the ONLY one that can be the complainant. If your in a boat anchored in even a foot of water your legal. NOBODY owns the surface of the water.
 
the one thing bob missed is that the public or other owners on the Private lake have a right to anchor on any part of a lake/river and swim just cant touch his/her land and to prove it IS his/her land it would have to be surveyed
at the cost of the land owner and ajason property
 
The laws regarding the great lakes did change. You may travel acrost a land owners property below the annual highwater mark. But you cant recreate there. In other words you
cant pitch a umbrella and sunbath. Nor may you metal detect. That is info that I gained from some very knowledgable folks. I'm going to dig deeper so that we all have a working knowledge of the law. If you guys have verifiable info please post links so we can all learn. I'm glad you're keeping my toes to the line! I really appreciate the info exchange.

Steve :)
 
also theres a fight in the courts that If theres a road BETWEEN the homes and the water running along the lake there are NO rapian rights for the land owners Becouse there property stoped at the road the state owns the road therefor the land was public becouse the state owned land between them and the lake hence Public beach
 
This has been settled and the decision was in favor of the landowers.
I have reached out to the dnr to find some one who can give definitive answers. If/when I find out I will post with appropriate links.
I would suggest that unless you (as in anyone) can specifically point to some documentation that is different than the link I attached you should treat the link as legitimate. Ignorance of the law is no excuse! Atleast thats what I've been told! LOL
Steve :)
 
Kaptain, as I stated before, I have NEVER encountered a home owner that cared. ALL have been super friendly. Also the law doesn't apply to ANY lakes with public access. Yes people can tell you to get off their property on private lakes in the water wading on their part but I have never seen it yet and I have been in over 20 private lakes. With over 11 THOUSAND lakes in Michigan, sooner or later I will probably encounter someone that cares. BUT as I have stated, BEFORE you can get arrested or get a citation for tresspassing ONLY ater the OWNER tells you to leave and YOU refuse to get off his piece of the pie. If your on the surface your legal if your NOT touching the bottom at all your legal. So if your snorkling or diving they actually have to SEE you touch the bottom of THEIR land. THAT is the law.

I was a police officer for 9 years. I don't get pushed around.

Advice, to waders, BE super friendly. Give back items behind houses that blew off docks, Realize that technically you could be breaking the law, If a homeowner asks you to leave politely or impolitely and you know your on their piece of the pie LEAVE. If your on thier neighbors piece IGNORE them. They have absolutely NO RIGHT unless they have it in writing they are caretakers of it.

You can anchor on anybodys piece of pie, you can swim on the surface on anybody's piece of pie and you can dive anywhere on anybodys piece of pie but you can't touch the bottom!! LOL STRANGE law!!!!!!!

This is my 2
 
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