#1671461 - 02/28/1608:45 PM
Re: What Are CT Regulations Regarding Rafting Rivers Where Shorelines Are Posted?
[Re: cat_in_the_hat]
EnCon Police Moderator
Registered: 03/01/04
Posts: 3899
I would agree with Neil on this one. Again, as long as you are in the vessel you are fine. There are a few landowners who own the stream bottom as part of their property. If you've done your research and know where those properties exist, kudos to you for doing the research, but don't get out of your boat. I'm not aware of too many situations where the property owner has come out and forced people out. Respect the landowners wishes and move on if they do confront you. Avoid confrontation. Also on a slightly different note, be mindful that a law was passed last year stating "on bodies of water with a 10 HP limit and between 1 hour before sunrise to 1 hour after sunset, no Safe Boating Certificate is required for a person operating a vessel with an electric motor (rated at 106 lbs of thrust or less) however the vessel must be registered.
I have encountered this situation a few times over the years. I have some interesting stories. Every time in CT, I was legal, even though peeps wanted to give me a hard time. I accessed the rivers via public access and waded up or down, or was kayaking on a float trip on a river bank. I wouldn't worry about it too much from what you are describing. I wouldn't go camping or picnicking on someones shoreline property though...
I had a scary situation a few years ago in Tennessee in relation to this topic. Some times you can tell some peeps to screw off, sometimes you can't...
#1671525 - 02/29/1612:16 PM
Re: What Are CT Regulations Regarding Rafting Rivers Where Shorelines Are Posted?
[Re: cat_in_the_hat]
cat_in_the_hat
Member
Registered: 04/16/04
Posts: 2295
Loc: Tolland CT
OK, I will sum up from this discussion what I think I understand to be the law. Feedback would be appreciated:
1. Some larger Connecticut waterways such as the Farmington River in Farmington are public waterways in that both the water and the stream-bed are in the public domain, private property lines are fixed, ending more or less around the spring high water mark. Looking at the Shetucket River flowing through Sprague, it appears from town zoning map that the stream-bed is not privately held. In such waterways it would not only be permissible to float the river so long as there are points of legal access, but it would also be legal to stop, anchor, or wade in the water over the public stream-bed. Also, in times of lower water, areas above water within the stream-bed would be legally accessible. It would only be not permissible to cross fixed property lines onto private property along the banks without permission unless under water in spring flood, then point 2 would then apply. However, government entities could put additional restrictions on such public waterways.
2. In Connecticut where public water flow passes over privately held stream-bed land or is a lake/pond over private land, it would be legally permissible to float this waterway if public access is available or if one of the private landowners grants permission to access. It would not be permissible to touch the bottom with foot or paddle or anything of substance besides water without landowner permission. This would include landowner structures such as a fence across the watercourse. I believe that would mean ice fishing or walking on the ice would be legal under the same definition, but it would be illegal to sound the bottom through the ice with a sinker. With reference to macattack678's post, the land under Pendleton Hill Brook and Spalding Pond shows from North Stonington GIS records as entirely private, shared by a few property owners. He would need the permission of one landowner to access the entire pond. The small stream might be very difficult to navigate from the public road bridge. I could not see the stream from aerial maps.
3. Where there is not clear regulations in state law on a given murky issue, the definition of permissible activity may rest on prior precedent Connecticut settled riparian case law.
4. Most any waterway worth rafting/kayaking in Connecticut can be researched for the legal status with regard to points 1, 2, and 3. I imagine such research has been done already by groups like ctwatertrails.org, and it would be neat if this information could be located somewhere online.