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New York State Lake access rights

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Not sure if this is the correct forum to ask this.  Mods - please move if appropriate.

 

Most of the accessible shoreline of my favorite upstate lake is posted, but there are a few public access areas.  If I launch a boat from one of the public areas, can I pilot and fish anywhere in the lake, including near the shore areas that are posted?

  • Super User
4 hours ago, Pkfish49 said:

Not sure if this is the correct forum to ask this.  Mods - please move if appropriate.

 

Most of the accessible shoreline of my favorite upstate lake is posted, but there are a few public access areas.  If I launch a boat from one of the public areas, can I pilot and fish anywhere in the lake, including near the shore areas that are posted?

Yes I believe you can. Property rights do not extend beyond the shoreline. There are only a few states that have laws that extend property lines into the water. As long as you don't get out of your boat and onto dry land you should be ok.

15 hours ago, Pkfish49 said:

Not sure if this is the correct forum to ask this.  Mods - please move if appropriate.

 

Most of the accessible shoreline of my favorite upstate lake is posted, but there are a few public access areas.  If I launch a boat from one of the public areas, can I pilot and fish anywhere in the lake, including near the shore areas that are posted?

Gundog is right. If the body of water has public access then yes the water itself is public. It’s not like someone let’s say owns 50 acres of land and put a pond on it. If you access it by public waters then the whole waterway is public. I would fish it but I wouldn’t make it a habit to purposely go to the posted areas and just pitch almost onto the owners property but yes it’s legal. There is also something called a riparian law but it doesn’t look like this is the case in your situation

  • Super User

In NY it depends on the water. If both sides of the water are posted you can’t even anchor you can float an fish but cannot anchor or wade. I got into argument over a land owner earlier in the year about this. Called the NYDEC and was told if the land is privately owned on both sides I can float threw but cannot anchor and fish there 

  • Author
1 hour ago, clayton86 said:

In NY it depends on the water. If both sides of the water are posted you can’t even anchor you can float an fish but cannot anchor or wade. I got into argument over a land owner earlier in the year about this. Called the NYDEC and was told if the land is privately owned on both sides I can float threw but cannot anchor and fish there 

Not applicable for my example, but thanks for the info.  Please specify - what does float an fish or float throw mean?

 

I imagine it would bring up an interesting argument, if one were to cast from public property behind the posted sign and be able to have the lure or bait hit the water directly.  Would this technically be trespassing since during both the casting and retrieving process, the equipment passes over the posted land?

  • Super User

Float and fish means your boat can float on the water and you can fish the water but you can not anchor or in any way attach your boat to the bottom of the lake. You can troll through or run your motor, if legal, but can't anchor. 

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