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Wisconsin navigable waterway trapping #8024114
12/18/23 04:30 PM
12/18/23 04:30 PM
Joined: Feb 2023
chippwewa falls WI
chippewatrapper Offline OP
trapper
chippewatrapper  Offline OP
trapper

Joined: Feb 2023
chippwewa falls WI
the Wisconsin trapping regs say that the beds of navigable waters are considered private and you must get permission to trap them. If I get permission from a land owner on one side of a creek, can I trap the section of creek along that property from bank to bank or do I have to get permission from the land owner across the creek?


WTA
NTA
Chippewa rod and gun
Re: Wisconsin navigable waterway trapping [Re: chippewatrapper] #8024116
12/18/23 04:32 PM
12/18/23 04:32 PM
Joined: Oct 2009
east central WI
K
k snow Offline
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k snow  Offline
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K

Joined: Oct 2009
east central WI
Originally Posted by chippewatrapper
the Wisconsin trapping regs say that the beds of navigable waters are considered private and you must get permission to trap them. If I get permission from a land owner on one side of a creek, can I trap the section of creek along that property from bank to bank or do I have to get permission from the land owner across the creek?


That would depend on exactly where the property line is.

Re: Wisconsin navigable waterway trapping [Re: chippewatrapper] #8024122
12/18/23 04:43 PM
12/18/23 04:43 PM
Joined: Sep 2013
Green County Wisconsin
G
GREENCOUNTYPETE Offline
trapper
GREENCOUNTYPETE  Offline
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Joined: Sep 2013
Green County Wisconsin
it is a mess of an only applies to trappers law here in WI

no one has any claim to the bed of a creek , lake or river but the state

you can't fence off your portion of a navigable water way

NO one needs any permission to walk or fish all the way to the normal high water mark.

the Fleet can anchor 50 feet off shore from your lake home and take up all day residency

you can duck hunt in a lake or river as long as you are >100 yards from the house.

how is one stake or anchor different from another make no mistake the new boats with the speed anchors are just hydraulic stakes

I suppose the only difference is one you intend to leave the other you are there to move if needed


America only has one issue, we have a Responsibility crisis and everything else stems from it.
Re: Wisconsin navigable waterway trapping [Re: chippewatrapper] #8024132
12/18/23 05:06 PM
12/18/23 05:06 PM
Joined: Dec 2006
Wisconsin
T
The Beav Offline
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The Beav  Offline
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T

Joined: Dec 2006
Wisconsin
Once you drive In the stake your trespassing unless you have permission.
But lets say you have a drowning rod that Is only staked on the side of the creek where you have permission Double staking on one end of the rod keeps It from moving. So are you trespassing?


The forum Know It All according to Muskrat
Re: Wisconsin navigable waterway trapping [Re: chippewatrapper] #8024141
12/18/23 05:13 PM
12/18/23 05:13 PM
Joined: Feb 2023
chippwewa falls WI
chippewatrapper Offline OP
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chippewatrapper  Offline OP
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Joined: Feb 2023
chippwewa falls WI
My question is does the land owner's permission only extend to the middle of the creek, or all the way to the opposite bank? The creek shows up a town owned land and is about 100 feet across


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NTA
Chippewa rod and gun
Re: Wisconsin navigable waterway trapping [Re: chippewatrapper] #8024161
12/18/23 05:32 PM
12/18/23 05:32 PM
Joined: Dec 2006
Wisconsin
T
The Beav Offline
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The Beav  Offline
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T

Joined: Dec 2006
Wisconsin
Well In some cases the boundary Line Is the center of the creek. You would have to check with the land owner to see where the boundary Is If there is one.


The forum Know It All according to Muskrat
Re: Wisconsin navigable waterway trapping [Re: chippewatrapper] #8024164
12/18/23 05:36 PM
12/18/23 05:36 PM
Joined: Dec 2006
Wisconsin
Muskrat Offline
trapper
Muskrat  Offline
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Joined: Dec 2006
Wisconsin
Originally Posted by chippewatrapper
My question is does the land owner's permission only extend to the middle of the creek, or all the way to the opposite bank? The creek shows up a town owned land and is about 100 feet across


In most cases it's to the center of the stream.


Lifetime member of WTA and NTA
Re: Wisconsin navigable waterway trapping [Re: chippewatrapper] #8024169
12/18/23 05:43 PM
12/18/23 05:43 PM
Joined: Sep 2013
Green County Wisconsin
G
GREENCOUNTYPETE Offline
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GREENCOUNTYPETE  Offline
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G

Joined: Sep 2013
Green County Wisconsin
Originally Posted by chippewatrapper
My question is does the land owner's permission only extend to the middle of the creek, or all the way to the opposite bank? The creek shows up a town owned land and is about 100 feet across


some of the creeks and drainage canals around here are town/city/village owned so that the town can control the water keep farms from going inches from the creek with a plow , especially if it is in the interest of the nearest municipalities water supply.

had a creek project in the township paid for by the city to improve the quality of the aquifer the city draws water from.

if it is technically township land on the plat but they respect the land owners decision the proper thing to do would be take the plat map and the written statement of the land owner you trap for to a town board meeting and ask the township for permission.
you do good work they may want to to trap more town ship owned creeks as they have millions of dollars in road assets to protect not letting beavers cause bridge and road washouts.

if they own the creek that is likely why they own it in the first place to secure their bridges and roads

what is easier asking the other land owner or asking the township ?


America only has one issue, we have a Responsibility crisis and everything else stems from it.
Re: Wisconsin navigable waterway trapping [Re: chippewatrapper] #8024172
12/18/23 05:46 PM
12/18/23 05:46 PM
Joined: Feb 2023
chippwewa falls WI
chippewatrapper Offline OP
trapper
chippewatrapper  Offline OP
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Joined: Feb 2023
chippwewa falls WI
yea, I will probably talk to the other land owners, there is plenty of beaver damage to their property, so it shouldn't be too tough of a sell.


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NTA
Chippewa rod and gun
Re: Wisconsin navigable waterway trapping [Re: GREENCOUNTYPETE] #8024176
12/18/23 05:55 PM
12/18/23 05:55 PM
Joined: Dec 2006
Wisconsin
Muskrat Offline
trapper
Muskrat  Offline
trapper

Joined: Dec 2006
Wisconsin
Originally Posted by GREENCOUNTYPETE
it is a mess of an only applies to trappers law here in WI

no one has any claim to the bed of a creek , lake or river but the state

you can't fence off your portion of a navigable water way

NO one needs any permission to walk or fish all the way to the normal high water mark.

the Fleet can anchor 50 feet off shore from your lake home and take up all day residency

you can duck hunt in a lake or river as long as you are >100 yards from the house.

how is one stake or anchor different from another make no mistake the new boats with the speed anchors are just hydraulic stakes

I suppose the only difference is one you intend to leave the other you are there to move if needed



I believe the old high water mark rule is no more. If the normal high water mark is twenty feet up on a sandbar and you pull up your canoe on the sand bar and walk up to that location you are, I believe, trespassing if permission has not been gained.

The way I understand it now is one must keep the feet wet to trespass, or, if walking up/down a stream and you encounter an obstruction, you may walk around the obstruction without permission, providing you take the shortest route.

That all being said, it sometimes boils down to who has the most money and/or influence with the local district attorney's office.

Case in point: My wife and I were goose hunting on a flooded (private property) sandbar on the Wisconsin River years ago. Milk crates set in water on sand, butts on the milk crates, blind material around us. Decoys bobbing around us. The hunting was very good.

Landowner shows up, runs his boat through the decoys, harassing us. I take pictures. Screams at us to go away, I ignore him. Not the first time this has happened.

Landowner runs the boat up to the bank and disappears. Reappears with the sheriff. Orders us to go away and quit trespassing. I told 'em I was within my rights. They persisted and suggested we could be taken in handcuffs. We left.

Had the photos developed, wrote the story up big, and sent the package to the district attorney's office. Called to make sure they got it. Heard nothing. Called a week later was told the (This word is unacceptable on Trapperman)'t DA dropped the case. Found out later they were hunting buddies.

The last time he ran his boat out to yell at me for legally trespassing I wished him an early death. Took awhile, but he died several years later.

---> I'd suggest whatever you do, be sure you have your cell phone with you to record the situation should it arise if you believe you're in the right.


Lifetime member of WTA and NTA
Re: Wisconsin navigable waterway trapping [Re: chippewatrapper] #8024180
12/18/23 06:02 PM
12/18/23 06:02 PM
Joined: Dec 2006
Wisconsin
Muskrat Offline
trapper
Muskrat  Offline
trapper

Joined: Dec 2006
Wisconsin
from another website:

Here is a summary for walk, wade, anglers in Wisconsin. Members of the public may use any exposed shore area of a stream without the permission of the riparian (i.e., landowner) only if it is necessary to exit the body of water to bypass an obstruction. Obstructions could consist of trees or rocks, shallow water for boaters or deep water for wading trout anglers. The bypass should be by the shortest possible route.


Lifetime member of WTA and NTA
Re: Wisconsin navigable waterway trapping [Re: chippewatrapper] #8024183
12/18/23 06:06 PM
12/18/23 06:06 PM
Joined: Apr 2022
Wisconsin
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Guss Offline
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Joined: Apr 2022
Wisconsin
This is another reason to hate this state.

Re: Wisconsin navigable waterway trapping [Re: Guss] #8024189
12/18/23 06:12 PM
12/18/23 06:12 PM
Joined: Dec 2006
Wisconsin
Muskrat Offline
trapper
Muskrat  Offline
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Joined: Dec 2006
Wisconsin
Originally Posted by Guss
This is another reason to hate this state.


Not a real reason to hate the state. Just got to learn the play the game, and if it doesn't work the way it's supposed to, well, shrug it off like you just lost a trap set too close to a bridge.

With current fur prices being what they are, getting on to private property to trap shouldn't be a problem at all. Same goes for competition. Unlike earlier years.


Lifetime member of WTA and NTA
Re: Wisconsin navigable waterway trapping [Re: chippewatrapper] #8024197
12/18/23 06:23 PM
12/18/23 06:23 PM
Joined: Aug 2010
Asheville, NC
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charles Offline
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Joined: Aug 2010
Asheville, NC
In NC even if your property line runs to the centerline of a navigable creek, you may only construct a pier on 1/3 of the waterway adjacent to you. The public is entitled to the 1/3 in the center, and the opposite side landowner can only control the 1/3 on his/her side. Ran into this when constructing a pier and boatlift on a tidal creek.

Not sure if this is a state or federal law.

Re: Wisconsin navigable waterway trapping [Re: chippewatrapper] #8024247
12/18/23 07:03 PM
12/18/23 07:03 PM
Joined: Dec 2006
Wisconsin
Muskrat Offline
trapper
Muskrat  Offline
trapper

Joined: Dec 2006
Wisconsin
Originally Posted by chippewatrapper
the Wisconsin trapping regs say that the beds of navigable waters are considered private and you must get permission to trap them. If I get permission from a land owner on one side of a creek, can I trap the section of creek along that property from bank to bank or do I have to get permission from the land owner across the creek?


Now there's something you should know about Wisconsin's navigable stream rules if you intend to trap from bank to bank. Not sure exactly what you mean by that, but let's cover the bases here.

A navigable stream in Wisconsin is defined as: Generally, a waterway with defined bed and banks, an OHWM, and evidence of enough water present on a recurring basis to support navigation by the smallest recreational craft it is considered navigable.

So that little five-foot wide stream that meanders through a marsh, dries up occasionally but every spring has enough water in it to float a canoe is a navigable stream.

Now, if you intend on trapping that stream from bank to bank, you need to understand how you may use the different traps that could be set from bank to bank, on the bottom. The issue here is impeding navigation. It is illegal to impede navigation on navigable streams here in Wisconsin. 30.15 Penalty for unlawful obstruction of navigable waters. (1) Obstructions penalized. Any person who does any of the following shall forfeit not less than $10 nor more than $500 for each offense: (a) Unlawfully obstructs any navigable waters and thereby impairs the free navigation thereof.

As I understand it, as explained to me years ago by certain individuals who apparently know such things, here are the "rules." And we're talking about bodygrips and colony traps here. I'm not sure what else you'd want to set from bank to bank, but let's talk about these two different traps. Again, this is how it was explained to me after a trapper was apparently ticketed for impeding navigation, years ago. Does the following apply today? I'm not sure, but these are the rules I go by.

It is legal . . . to string a line of bodygrip traps from one bank to the other. They can be touching each other. They can be straight across. They can be staggered.

It is also legal . . . to string a line of bodygrip traps and colony traps, alternating them as you please, so long as there is at least one bodygrip trap in this line of traps. Also . . if you have two colony traps side by side, for heaven's sake make sure they are the same length and they are side by side exactly, front and backs lining up. Meaning one is not further out than the other, for that might be interpreted as creating an underwater obstruction forcing or channeling an animal into one of the colony traps.

It is illegal . . . to string a line of colony traps across the bottom of a stream, for that is perceived as impeding navigation. Don't ask, I have no idea. The stream could be six feet deep, it's still impeding navigation. And, again, any two colony traps side by side must not cause an animal to be channeled into the other.

Now, realistically, there is no good reason to string traps across the bottom of a stream from bank to bank. You can look at the bottom of a shallow stream and determine where the beaver, mink, muskrat, and or otter are traveling. If it's too deep to determine that, go with the bottom edge sets.

It comes down to understanding the rules of the game. There will come a day, hopefully before I die, that we clean up these colony trap restrictions we've been burdened with ever since the trap itself became legal. There's enough vagueness there for most any trapper to get stung without even trying.

Want examples: You set a colony trap up legal and debris comes downstream and wedges sticks on either side of the opening of the trap. Could these sticks be interpreted as the trapper creating obstructions? Anyone who's used colony traps long enough know darned well they self-bait. You'll find fish in 'em, crawdads, frogs, etc. You catch a mink and someone checks your trap before you get there. Who baited the trap? Not saying these situations will be interpreted this way, but if a fella can get ticketed for impeding navigation with a string of colony traps on the bottom of a stream I'm thinking anything's possible.

So don't let all this keep you from being creative out there. Just be aware of the rules and abide by them. I love my colony traps. It's like Christmas twice a week all winter long.




Lifetime member of WTA and NTA
Re: Wisconsin navigable waterway trapping [Re: Muskrat] #8024253
12/18/23 07:07 PM
12/18/23 07:07 PM
Joined: Apr 2022
Wisconsin
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Guss Offline
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Joined: Apr 2022
Wisconsin
Originally Posted by Muskrat
Originally Posted by Guss
This is another reason to hate this state.


Not a real reason to hate the state. Just got to learn the play the game, and if it doesn't work the way it's supposed to, well, shrug it off like you just lost a trap set too close to a bridge.

With current fur prices being what they are, getting on to private property to trap shouldn't be a problem at all. Same goes for competition. Unlike earlier years.



I was planning to trap the Wis. River next season. I also emailed the DNR about what I want to do.

Last edited by Guss; 12/18/23 07:10 PM.
Re: Wisconsin navigable waterway trapping [Re: Muskrat] #8024346
12/18/23 08:18 PM
12/18/23 08:18 PM
Joined: Sep 2013
Green County Wisconsin
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GREENCOUNTYPETE Offline
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Green County Wisconsin
Originally Posted by Muskrat
Originally Posted by GREENCOUNTYPETE
it is a mess of an only applies to trappers law here in WI

no one has any claim to the bed of a creek , lake or river but the state

you can't fence off your portion of a navigable water way

NO one needs any permission to walk or fish all the way to the normal high water mark.

the Fleet can anchor 50 feet off shore from your lake home and take up all day residency

you can duck hunt in a lake or river as long as you are >100 yards from the house.

how is one stake or anchor different from another make no mistake the new boats with the speed anchors are just hydraulic stakes

I suppose the only difference is one you intend to leave the other you are there to move if needed



I believe the old high water mark rule is no more. If the normal high water mark is twenty feet up on a sandbar and you pull up your canoe on the sand bar and walk up to that location you are, I believe, trespassing if permission has not been gained.

The way I understand it now is one must keep the feet wet to trespass, or, if walking up/down a stream and you encounter an obstruction, you may walk around the obstruction without permission, providing you take the shortest route.


---> I'd suggest whatever you do, be sure you have your cell phone with you to record the situation should it arise if you believe you're in the right.


you are correct it did change in 2001 to the keep your feet wet
https://dnr.wisconsin.gov/topic/Fishing/questions/access.html#:~:text=Navigable%20streams%20are%20public%20waters,property%20to%20reach%20the%20water.

while also saying if there are obstructions like fallen trees it is reasonable to take a couple steps around it but needs to be kept to minimum needed

I wonder how your situation would have been different if you were in a skiff with a little anchor out and your feet in the boat.


America only has one issue, we have a Responsibility crisis and everything else stems from it.
Re: Wisconsin navigable waterway trapping [Re: Guss] #8024355
12/18/23 08:24 PM
12/18/23 08:24 PM
Joined: Sep 2013
Green County Wisconsin
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GREENCOUNTYPETE Offline
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Green County Wisconsin
Originally Posted by Guss

I was planning to trap the Wis. River next season. I also emailed the DNR about what I want to do.



it depends where , much of the lower WI is army corps of engineers


America only has one issue, we have a Responsibility crisis and everything else stems from it.
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