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Author Topic: Legality of hunting on private shoreline, what is legal?  (Read 10216 times)

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Offline GRIZ

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It makes no difference who owns the land on the bottom as long as your feet are in the water.
"The two enemies of the people are criminals and government, so let us tie the second down with the chains of the constitution so the second will not become the legalized version of the first."
~Thomas Jefferson

Offline stevejedlenski

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griz is absolutly correct,

What is considered trespassing when the public seeks access to a water body?
The belief that the state owns a strip of land around all Minnesota lakes for public use is false. Riparian property
(property abutting a lake, river, or wetland) is either privately or publicly owned. The general public can access water
bodies or watercourses via public property, but not through private property. Individuals entering private property
without permission from the landowner are trespassing and may be prosecuted under the state trespass laws. It is illegal
to trespass on private property in order to gain access to a water body or watercourse without first obtaining the verbal or
written permission from a landowner. A person who has legally gained access to a water body may use its entire surface
for recreation, such as boating, swimming, or fishing. Using the underlying bed of the lake or river, if access was gained
legally, is called “incidental use”; the use of the bed or bottom is incidental to the water body’s primary use. Examples
include poling or anchoring a boat, wading on the bed to swim or fish, and anchoring decoys or traps.


if you want to read more...
http://files.dnr.state.mn.us/waters/watermgmt_section/pwpermits/water_law_questions_and_answers.pdf
my wife said it.... im OFFICIALLY ADDICTED to MNO!!

Offline Go Big Red!

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Griz is correct.  No one owns the land under the water.

I called the DNR this year as we waded a river to jump ducks.  As long as I was in the water, I was legal.  If the river or body of water is less than 100yds. wide, you do not need to be concealed by vegetation to legally shoot.  If the body of water is wider than 100yds. you must be concealed by natural vegetation to legally shoot.  I asked for an example and the guy said a single cattail, bull rush, or even standing in lily pads.

Regardless, call the DNR or your county CO.  No one needs a ticket.
Take a kid hunting and fishing... It'll be the best thing for generations to come.

Offline Model12

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I have learned a great deal because of this question and still not sure what is legal and will consult the CO in the area I hunt for clarification. Hunting the Mississippi is another tricky deal as there are a number of regulations you need to know outside what is poorly and understated in the waterfowl regs as well as the MN hunting regs.
I find it rather easy to state exactly what you want to do, how you want to do it to your CO. They will let you know what you can/cannot do. It is a sad state of affairs these days to have to jump through so many hoops to be legal. Intent/spirit of law and letter of the law are quite different and the letter will always win.
I spent three days looking how to be legal when hunting the Mississippi in the particular area, consulted two CO's and thought I was versed enough to be legal. After finishing, I talked to a few other hunters and they said I possibly could've been illegally hunting, depending on where I was. Now, they didn't fully understand where I was but cautioned to be certain the area I hunt was legal as a matter of cordiality. It is a son of a gun but you have to nearly GPS the location and acquire info from a CO on how to legally enter the water, where to navigate the water and where you can/cannot get out of the watercraft.
Again, thanks for all your input and posting diff't regulations.
We all have three memorable trips in our lives...the first one, the last one and the next one.

Offline Go Big Red!

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Model12-

The Mississippi River is a crap shoot to figure out where legal shooting can occur, Call the CO.  I talked with the CO who has Wright County and he stated that a plat book would be the best tool to find out specifics.  Certain cities and townships say yes and no, but sometimes only in specific areas.  For example, he said, "The City of Monticello says no to hunting on the MR within the city limits, but there is no road or specific boundary that says what is city limits and what isn't on the MR.  The Big Lake township says yes, but only in certain parts such as..." and he went on listing where I can and where I cannot.  Then he said there are certain islands that are legal and ones that are not, some are scientific, some are refuge islands, etc.  I have also run into landowners along the MR on the Wright County side who freak out if you are on the legal islands to hunt.

Call a CO, get a plat book, call the various cities and townships to gather info, and then possibly meet up with the CO and locate exactly where you can and cannot hunt with the plat book in hand  and other obtained info.  That's my plan of action during the waterfowl off season.  Let me know what you find out.   Good Luck!!!
Take a kid hunting and fishing... It'll be the best thing for generations to come.