Feet wet rule

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adrenalin
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Feet wet rule

Unread postby adrenalin » Wed Nov 30, 2011 1:33 pm

If cattails surround a lake and are under water is it public land? I need to get to a spot on public that is kind of land locked.


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BackWoodsHunter
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Re: Feet wet rule

Unread postby BackWoodsHunter » Wed Nov 30, 2011 3:29 pm

I believe the rule states it has to be navigable. To be navigable there has to be enough water to float a canoe of some sort, even if its only during spring flood season, then it is public. So I think even dry creek beds that only hold water in the fall are even considered public. That's how I read the rule and it was explained to me. Call the local warden.
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swamp-assassin
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Re: Feet wet rule

Unread postby swamp-assassin » Wed Nov 30, 2011 3:35 pm

the way i understand it is that if your feet are underwater your good...this is from trout fishing.
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Re: Feet wet rule

Unread postby BackWoodsHunter » Wed Nov 30, 2011 3:39 pm

swamp-assassin wrote:the way i understand it is that if your feet are underwater your good...this is from trout fishing.


I know tensions are high here lately so don't take this the wrong way (you're a cool guy and level headed so I assume you won't) I'm not necessarily disagreeing with you but I think I understand it differently or it may be different but I think if your feet are wet (could be wet in the spring flood season only) then its good to go. So even dry land that has standing or moving water of a few inches deep in the spring only is still good to go. I'm searching the rule now.
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swamp-assassin
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Re: Feet wet rule

Unread postby swamp-assassin » Wed Nov 30, 2011 3:44 pm

BackWoodsHunter wrote:
swamp-assassin wrote:the way i understand it is that if your feet are underwater your good...this is from trout fishing.


I know tensions are high here lately so don't take this the wrong way (you're a cool guy and level headed so I assume you won't) I'm not necessarily disagreeing with you but I think I understand it differently or it may be different but I think if your feet are wet (could be wet in the spring flood season only) then its good to go. So even dry land that has standing or moving water of a few inches deep in the spring only is still good to go. I'm searching the rule now.


tensions are high? didnt know that backwoods.. :lol: no offense taken...let me know what the rule says :D :)
"Youll take my guns when you pry them out of my cold dead hands, with the bolts locked back, the barrels smoking and a pile of empty brass and magazines at my feet." Image
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BackWoodsHunter
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Re: Feet wet rule

Unread postby BackWoodsHunter » Wed Nov 30, 2011 4:18 pm

swamp-assassin wrote:
BackWoodsHunter wrote:
swamp-assassin wrote:the way i understand it is that if your feet are underwater your good...this is from trout fishing.


I know tensions are high here lately so don't take this the wrong way (you're a cool guy and level headed so I assume you won't) I'm not necessarily disagreeing with you but I think I understand it differently or it may be different but I think if your feet are wet (could be wet in the spring flood season only) then its good to go. So even dry land that has standing or moving water of a few inches deep in the spring only is still good to go. I'm searching the rule now.


tensions are high? didnt know that backwoods.. :lol: no offense taken...let me know what the rule says :D :)



Not with you I've just noticed some high strung posts and a little has been directed my way. I'll not get into it. :)

I couldn't find much pretty vague. Looks like swamp-assassin is onto something and you have to have your feet wet when on a lake. On a stream with distinct banks you can use the banks to get around an obstruction. The rule I was talking about is the "high water mark" which meant you could use a body of water anywhere inside its high water mark whether it had water or was dry. That rule is no longer in effect as of 2001. Now it would appear that your feet need to be wet. I found one spot where it said you could make a file of points of interest and send them to the DNR to determine if they are public (navigable) or not.

Here is the most helpful page I found. Best of luck.

http://dnr.wi.gov/fish/faq/access.htm
"The history of the bow and arrow is the history of mankind." Fred Bear
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Re: Feet wet rule

Unread postby Goober » Thu Dec 01, 2011 1:54 am

I very recently had this discussion with a young man doing some trapping. Just be careful about applying an access law written for trout fisherman, to hunting or trapping. As soon as you start trapping or hunting, you are then trespassing, and utilizing the private land (as told me by a county sheriff). ALOT of grey are in this whole law.
BassBoysLLP
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Re: Feet wet rule

Unread postby BassBoysLLP » Sat Dec 03, 2011 12:40 pm

Goober wrote:I very recently had this discussion with a young man doing some trapping. Just be careful about applying an access law written for trout fisherman, to hunting or trapping. As soon as you start trapping or hunting, you are then trespassing, and utilizing the private land (as told me by a county sheriff). ALOT of grey are in this whole law.


Agreed. Ask your local conservation warden for clarification. Otherwise, you could always chance it in camo. ;) It sounds like a good argument to me.
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Re: Feet wet rule

Unread postby Goober » Sat Dec 03, 2011 2:24 pm

asking the warden is a great idea, however don't forget that here in WI, the DNR does not have authority to enforce tresspass laws, that falls to the local sheriff or police department
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Re: Feet wet rule

Unread postby Jonesy » Wed Dec 07, 2011 2:23 pm

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Re: Feet wet rule

Unread postby Jonesy » Wed Dec 07, 2011 2:38 pm

Goober wrote:I very recently had this discussion with a young man doing some trapping. Just be careful about applying an access law written for trout fisherman, to hunting or trapping. As soon as you start trapping or hunting, you are then trespassing, and utilizing the private land (as told me by a county sheriff). ALOT of grey are in this whole law.


How would it be trespassing if you are hunting or trapping on a "public waterway"? If you are hunting or trapping on the land then, yes, it would be trespassing. However, if it is deemed navigable and you "keep your feet wet", I would assume it would be fair game and open to the public. I always wondered if a county sheriff would know the navigable waterway rule or the landowner for that matter. There definitely does seem to be a lot of gray area....

From the DNR:
Wisconsin lakes, rivers, and streams are public resources, owned in common by all.
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BackWoodsHunter
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Re: Feet wet rule

Unread postby BackWoodsHunter » Wed Dec 07, 2011 2:40 pm

Jonesy wrote:
Goober wrote:I very recently had this discussion with a young man doing some trapping. Just be careful about applying an access law written for trout fisherman, to hunting or trapping. As soon as you start trapping or hunting, you are then trespassing, and utilizing the private land (as told me by a county sheriff). ALOT of grey are in this whole law.


How would it be trespassing if you are hunting or trapping on a "public waterway"? If you are hunting or trapping on the land then, yes, it would be trespassing. However, if it is deemed navigable and you "keep your feet wet", I would assume it would be fair game and open to the public. I always wondered if a county sheriff would know the navigable waterway rule or the landowner for that matter. There definitely does seem to be a lot of gray area....

From the DNR:
Wisconsin lakes, rivers, and streams are public resources, owned in common by all.



I believe the access law for trout fishing includes the flood plain which can be dry ground depending on the time of year...
"The history of the bow and arrow is the history of mankind." Fred Bear


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