I asked the question because I wanted to kayak down Pendleton Hill Brook to Spalding Pond (where I want to fish) in North Stonington.


From: Neal Hagstrom [mailto:neal.hagstrom@po.state.ct.us]
Sent: Monday, May 08, 2006 7:26 AM
To: McCutcheon, James E CIV STSC Groton
Subject: Re: Sir,

Hi Mr. Mcutcheon;
The Intermittent sections refers to stocking not access. Riparian law in Connecticut is different from most other places. By default you are trespassing on all private property if you have not gotten prior land owner approval. In addition, In Connecticut the landowners own the stream bottom. That said, the areas we stock are sites were either its public land or the landowners have agreed to allow fishermen in. You should still check with the landowners as a courtesy. Now the idea of wading etc. If you are wading and enter a new owners property- you are trespassing. The boating is a little more hazing. Some rivers are Navigable and depending on whose definition of Navigable you use makes a big difference. since the state owns the water people argue they should be able to canoe through a river "over" the private stream bottom. In practice I have heard of many people who have been cited for trespassing for doing this. If you have to get out a boat to portage, it drags the bottom etc you would be technically trespassing. Also, Landowners can put up fences etc across the stream to further block access down a river. Bottom line unless you have a clear corridor of permission down the river to the pond you are probably out of luck. My experience has been that if you approach landowners the vast majority will allow you to fish or boat through their property. Sorry I can't give you a clear answer than that. Call me if you have more questions Best Regards;

Neal Hagstrom
Senior Fisheries Biologist