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Ohio laws regarding fishing access

8.9K views 9 replies 7 participants last post by  D_Weezy  
#1 ·
I have been told this but cannot find it anywhere in Ohio laws so I thought I would ask here before I call the state on Monday. Someone told me that there is a river and stream right of way that allows fishing anywhere along a river or stream as long as you don't trespass to get to it. Also, I was told that anywhere a state route crosses a river or stream it is public property 25 feet on either side of the bridge to fish from. It would be nice if this were true but I don't think it is.
 
#2 ·
I dont know about the bridges.....but i am pretty certain that people that own property along a river or stream own the ground under the water just not the water. So there for you would need a boat. Make any sense to you?
 
#7 ·
Owning the ground under the water is impossible.
That means after every storm/high water event, they would have to go get all their rocks and debris from down stream.
The county or the state respectively, owns all Waterways and its content.
Nor can the owner of both sides of the property, change or restrict the flow of the Waterways for any reason..
This was just heard in clermont county Ohio. Wirh the aid of wildlife preservation. It was determined as I just stated.
 
#3 ·
Lots of grey areas under Ohio's laws regarding access but the best way to lay it out after several years of research is this.
State owns the water and the wildlife that can move along rproperty to property.
Landowners own the bottom of the stream as they are paying taxes on this land.
Landowners have the right to allow/disallow "hunting" of wildlife on there property, ( think Deer hunting where state owns the deer but private owners alllow who has access to hunt them)
Only a handful of larger waterways within Ohio's boundaries do the landowner only own to the waters edge, and that shifts constantly. This includes the very lowest of the Muskingum, the lowest few miles of the LMR and 1-2 lake erie canals that are all deemed "Naviagable" by Ohio Law.
No where is there a public right of way to/on inland streams.
You are right to a degree that the state owns a right of way about 50 ft from the roads center line on state highways so there is a small bridge access avaialable but, Im pretty sure where ever you park, would be on private land so that makes that harder to navigate as well.
Last point is that yes, you can float on some rivers and larger creeks but the second you anchor or touch bottom, you are tresspassing. Oh yeah, if the stream has a maintained fence across it, it is considered private and you may not ( without breaking the law) cut or go around such fence.

There are many exceptions to the above laws and thats where it gets rather sticky, the real problem is that in Ohio, there are several places you have to combine laws to get the above facts which is why its best to float and not be seen, all camping on all Ohio waterways is on private property, even sand bars so keep that in mind.

Access has been and always be a sore spot for Ohio anglers , we seem to be losing some everyday and it wont be long, all fishing even in Ohio's river will be like Europe and will all be private.
If you have more specific questions, I can answer those as well so just send em my way.

Salmonid
 
#4 ·
i talked to a game warden on this one time, they said you could go through any stream as long as its not fenced in a boat, if the gfround under it is held by a private landowner you can not anchor on it without written permission or it would be considered tresspassing,(which is bs in my book) but he said if there are no posted signs you may be able to fight it in court? and that to me sounds like bs, because if you go to court its gonna cost you something, i know we bought a boat for the wifes dad last year and when we took it out on its maiden voyage we got pulled over for and inspection, i told him he needed a life jacket but he argued you only needed a flaotion cushion, well $125.00 fine later he beleived me :wink:
 
#9 ·
i talked to a game warden on this one time, they said you could go through any stream as long as its not fenced in a boat, if the gfround under it is held by a private landowner you can not anchor on it without written permission or it would be considered tresspassing,(which is bs in my book) but he said if there are no posted signs you may be able to fight it in court? and that to me sounds like bs, because if you go to court its gonna cost you something, i know we bought a boat for the wifes dad last year and when we took it out on its maiden voyage we got pulled over for and inspection, i told him he needed a life jacket but he argued you only needed a flaotion cushion, well $125.00 fine later he beleived me 😉
Clermont ohio just weighed in court with the aid of wildlife preservation, that the county/state respectively owns all Waterways and its contents. It's impossible to own land under the water as it is constantly changing and flowing down stream. "Rocks, sand, debris, etc..." woukd have to be constantly collected and brought Back to its own land. ( like your garbage can blowing in the neighbors yard"
NO ONE OWNS THE WATERS OR THE GROUND UNDER IT!
 
#5 ·
This is a mess all over the Country.

Fed laws, state laws, SCOTUS decisions, lower court(s) decisions, game ranger and local law enforcement interpretations,, all bouncing back and forth, very often conflicting with each other.

I am not sure there is anyone who really knows what is legal.