North Dakota stream access laws

Dwight Harley

Dwight Harley

Well-known member
My career may take me to ND for a new job in the new year. I am curious about the laws regarding public access of rivers and streams for hunting. Here in Montana we have a very generous stream access law which allows you to hunt and fish to the high water mark on all rivers and streams. I have not been able to make sense of the regs in Nodak about "Sovereign Lands" under and adjacent to public waters. Maybe some of you Nodak guys can provide some information.
 
Hi Dwight -

Moving again?

Wouldn't the Federal Waterway laws rule over the State laws. What defines water as Navigble should trump State laws (I would think - no legal training here).

Wish I could help you out Dwight.

Mark W
 
Mark,
Yep, I might be. An opportunity has come up in the F/M area that I really need to give serious consideration.
Evidently the state engineer's office is the agency which determines what is sovereign (state owned) land under and adjacent to waterways. They have a list of "navigable" waterways per the federal designation but it looks like the law is challenged by landowners and the state and various special interest groups all the time. Nodak has loads of public hunting opportunities but I am also a guy who likes to throw my canoe in anything that will float it and hunt or fish downstream to the next bridge.
 
State trespass laws trump fed.....in Utah the stream bed was off limits on private property until a new law was passed a couple years ago...and that is being contested.

Matt
 
If I owned some land with a big stream running through it, I still would be pissed when yahoos started tromping around in it and shooting, technically legal or not. However, I don't own any land like that and am just a yahoo myself.
 
Check out fishingbuddy.com some of the people on there will be knowledgeable on this subject and some will not. Good Luck
 
Dwight, unfortunately where there isn't a heckuva lot of water it'll never get any better than the MT stream access rule and, for that matter, school trust lands access. Moving to CO really hog-tied my water-related activities. You're technically trespassing if you drop an anchor on the streambed within private land here. That's one of several reasons why I'll be living back in MT at some point.
 
In North Dakoka access is considered open unless posted.


Well kind of......Unless there are standing crops in the field, planted crops, livestock, a waterfowl rest area, indian reservation and on down the line. There are a lot of exceptions to that phrase you just tossed out. Just because it is not posted does not mean you can open the gate drive around, cut branches from trees to make a blind or back your boat into the slough, lake or river.
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If you can access said water from a right of way you can do about anything within reason. If you are in your boat or floating you are ok. If you drop an anchor you are ok. If you down a bird and need to get out of your boat to walk for it, remember to leave your gun in the boat and you are ok. Land owners may scream your head off about their land being under the water and as long as you dont pull your boat up on shore to set up, or camp or hop out to walk around you'll be fine. Posted or not if you make a phone call and are respectful of the land and the people who own it, 9 of 10 times you wont see anyone and be fine. The common trespass law is great for access but in my opinion it is more times than not abused by non locals.... resident and non resident alike.

I have gotten a boat way back in the rhubarb a few times in ND. A couple times we have gone 10+ hours on a river and we didnt see any roads, bridges, buildings or even fences let alone humans. If you are planning an expedition to a river steam or specific lake in ND first check to make sure it is not a Nat Wildlife Refuge or a Waterfowl Rest Area or some other restricted access body of water. There are quite a few that are off limits and most are listed in the proclamation.

Call the local warden and ask...... If I access ______ from a right of way to hunt/fish/float are there any restrictions I should be aware of?

Where in No Dak are you moving to?
 
Thanks for the info Matt. I may be moving to the F/M area for a job at the VA hospital. I have an informal interview in January on the Friday before guard drill. I am in the 119th so my commute to drill would be a hell of lot easier and my wife likes F/M.
 
I am from Fargo Moorhead. Be sure to go up and check out Devil's Lake. It is a waterfowl haven. Its in Ramsey county. It is the only place I have seen hundreds of thousands of birds all in one place. Its something to see. That was back in the 60s. Hopefully it is still good. Now there are lots of guides that work out of there.

If you want to hunt the Minnesota side, I used to hunt a lot out of Tamerac. It's east of Detroit Lakes.
 
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