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Thread: Private ponds and lakes will now require written permission to fish

  1. #1
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    Default Private ponds and lakes will now require written permission to fish

    http://www.ncleg.net/Applications/Bi...m=551&SeqNum=0

    Need to contact your state senator yay or nay on this bill


    (13) Private Pond. – A body of water arising within and lying wholly upon a single tract of privately owned land, from which fish cannot escape and into which fish cannot enter from public fishing waters at any time, except that all publicly owned ponds and lakes are classified as public fishing waters. In addition, the private owners of abutting tracts of land on which a pond not exceeding 10 acres is or has been established may by written agreement cooperate to maintain that pond as a private pond if it otherwise meets the requirements of this definition. If a copy of the agreement has been filed with the Wildlife Resources Commission and the pond in fact meets the requirements of this definition, it attains the status of private pond either 60 days after the agreement has been filed or upon the Commission's approving it as private, whichever occurs first.
    Abert43 likes this.


  2. #2
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    I can see the point of this. It is a liability issue to allow someone on your property and they need to be able to prove that they do or do not belong there expecially if there is an incedent. People are so quick to sue these days its become necessary unfortunately...
    gambusia likes this.

    * With "Self regulation", comes "De-regulation". Be responsible to the resource, not just obedient to the laws * *PROUD RED X ANGLER*

  3. #3
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    So true. I talked to a guy who lives with his stepmom whos really old who lives a little from my neighborhood. I asked him if i could fish but it seems they are too worried about liability. Im sad to say he told me that recently there have been kids fishing and swimming in the pond on their property even when there are no tresspassing signs around it. According to him people including some construction workers from nearby will go out there on the far side and fish, throwing trash and keeping fish. He told me its just the liability cuz people sue about everything these days and i totaly see his point. To make it worse believe it or not these awful people tear down the signs so they can say "i didnt know" and he has to chase them off his moms property and they purposely stay on the far side so if they see him they run. He said he called the cops and they ran when they saw the officer. At times according to him there are up to a dozen people fishing and swimming on private property and there are snakes down there so i totally understand his concern at being sued. I hope this passes so the people can be easily prosecuted when they are caught instead of saying "i had no clue" after tearing down the private property signs. I like to fish private ponds with permission of the owner but i feel his pain and hope the law helps.
    dbeam, and gambusia like this.


  4. #4
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    If I am not mistaken, I think NC has laws on the books protecting a landowner from liability if he GRANTS permission to hunt or fish (recreate) I may be wrong. I know we ( the school I work at ) is covered from liability on tresspassing. Our signs address that it is NOT public property and user assumes all risk. ( our attorney and ins. company said that was sufficient) By having those sign, we basically have "GRANTED" you permission, if you get hurt, it's your own fault for acting like a fool. any Duke law students on the forumFishincary, they can tear down a sign, but the old " I didn't know it was posted " is just admitting that you knew better. Property doesn't have to be" posted" really( at least in Buncombe county, anyway) any pond, patch of woods, streambed and such is CONSIDERED posted, and all attempts must be made to find who legally owns the place BEFORE you go ( This is how it was explained to me when I had my troubles with some guys who wouldn't take no for an answer) rant over, I think it's silly that they want to put this on the books. Just more paperwork they will not be able to keep up with
    Red X angler

  5. #5

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    In my parks and rec classes at appalachian we've addressed liability in these situations and its honestly a little foggy. In most locales however if they come on your land and get hurt, if you've not acted negligently, i.e. posted signs for hazards and such, you're usually protected if the trespasser has no permission to be there. But again i'm not an attorney.
    "Give a man a fish and you feed him for a day. Don’t teach a man to fish, and you feed yourself. He’s a grown man. Fishing’s not that hard." - Ron Swanson

  6. #6
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    Not sure what the point of the new law is - wouldn't posting the property and registering it as posted accomplish the same thing? I guess the new language is a bit clearer, but I don't see this changing much of anything, unless I'm missing something...

  7. #7

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    another law on the books when there is probaly a couple on the books covering.....
    dbeam likes this.

    Real Men Paddle Canoes...Yaks are for Sissies, mowhawk pack , coleman scanoe, OT 158,
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  8. #8

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    ya.... this was already a law anyway in ncwildlife book....to a certain extent

  9. #9
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    what's the law today? Theres a small pond in charlotte back on some woods, I dont see any no fishing signs, and the closest house is on the other side off to the right... does this bill insinuate that I could go fish on it today because it doesn't say I can't?
    slickrocktom likes this.


  10. #10
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    Quote Originally Posted by cbgixxer View Post
    what's the law today? Theres a small pond in charlotte back on some woods, I dont see any no fishing signs, and the closest house is on the other side off to the right... does this bill insinuate that I could go fish on it today because it doesn't say I can't?
    I'm not a lawyer and far from an expert on these things so take this for what it's worth, but I believe that with the current law, if the property is not Posted (with signs), and if it's not registered as Posted (with the state/county/whoever keeps track of these things), then you can fish there unless told otherwise. I wouldn't go hopping fences and walking through peoples yards, but if you do the due diligence and the area isn't posted, I think you'd legally be in the clear. Personally, I'd check the county property maps and ask permission from the owner, but I don't think that's a legal requirement.

  11. #11
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    I've thought about doing that, but the house that's closest to the pond actually has a no trespassing sign in front of it.

    but you can enter the pond from the west side, and not even be close to the sign, nor be in sight of it

  12. #12
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  13. #13
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    try the county tax office and GIS system - http://maps.co.mecklenburg.nc.us/edgis/# Looks like about 50 lots surrounding, most in a no-build zone as best I can read. Could not figure out who owns the actual water from the GIS app. I like the looks of 7700 HAMBRIGHT RD HUNTERSVILLE - The name on that one seems like some kind of public entity.

  14. #14
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    yeah i checked zillow, it looks like its subdivided into lots for new builds, i might just try my luck next weekend and see what happens...

  15. #15
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    Quote Originally Posted by MonsterFishAngler View Post
    ya.... this was already a law anyway in ncwildlife book....to a certain extent
    Umm.... No, this is not already law. This law states that any property, posted or not, will require written permission, signed and dated within the last 12 months, in order to fish or hunt. That means landowners cannot give verbal permission. This means if your son, nephew, buddy, or neighbor comes over to fish your pond, you have to write him a slip before he casts a line. That means that if you are invited to fish in any private water of any kind, you have to hold in your possession a signed permission that is dated within the last 12 months.

    Any of you have standing permission to fish private waters? Well, plan on tracking down the landowner and getting a slip signed. Every year. For every property.

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