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Discussion Starter · #1 ·
There is a small creek in my neighborhood that I have seen catchable sized fish in. I want to break out the ultra light for some fun but I am reluctant to fish it because i am unaware of the laws about trespassing and do not want any snooty neighbors calling the cops. If i am standing in the creek and fishing, is that trespassing? I'm sure someone owns the land around it, but it is not someones back yard, it is overrun woods. Also, if it's private property, even if i cannot find the owners of the land to ask for permission to fish, do I need a NC fishing license? Mine just expired.
 

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Authorities could ask for written permission. Lots of times it's not if you're standing in the water but how you got to the water (who's land)....I'd ask around and get a name and try to make some phone calls. Get a license.....and post pics of the fish!


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Discussion Starter · #3 ·
I'm getting a license right now. I can technically step off a public road right into the water, I may just be splitting hairs here.
 

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I think it's legal if it is navigable by "watercraft". If its ankle deep and you walk onto someone else's land I think it's illegal because that water is considered unnavigable.
 

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Right....I figured this would lead to the navigable water discussion. Lots of guys use access as Dan says, right from state property. It's according to the size creek and who you ask as far as navigability. The only way to not worry is to get permission. Other than that, go and see what happens.


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Definitely not navigable. I think I shall knock on some nearby doors, and if nothing comes of that I'll just have to risk it :D I can't just ignore fish a short walk away. Thanks guys, much appreciated.
Get a ticket for trespassing and you won't do it again. Go on you county GIS mapping site, find out who the landowner is and stop by and ask permission. Don't bring your rod that day either. Let him know you won't be bringing buddies and will pick up any trash you find along the creek.

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Get a ticket for trespassing and you won't do it again. Go on you county GIS mapping site, find out who the landowner is and stop by and ask permission. Don't bring your rod that day either. Let him know you won't be bringing buddies and will pick up any trash you find along the creek.

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This is solid advice from a wise old man ;)
 

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I just read an article. I think it was in last months NC outdoor magazine put out by the NCWC that was about the laws of trespassing on rivers and waters. It stated that pretty much all waters in NC are navigable but once out of the water you are trespassing. VA is a completely different set of laws. Just my 2 cents. Best thing to do is knock on some doors.
 

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I just read an article. I think it was in last months NC outdoor magazine put out by the NCWC that was about the laws of trespassing on rivers and waters. It stated that pretty much all waters in NC are navigable but once out of the water you are trespassing. VA is a completely different set of laws. Just my 2 cents. Best thing to do is knock on some doors.
I've read something similar. Tax maps can point you in the correct direction. However I don't know if the IRS will allow you to fish....


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does it matter if the land is posted or not? Just curious. I was under the impression that if it isn't clearly posted then you are not legally trespassing. If the landowner asks you to leave and you do not then it becomes trespassing. That's what they told me years ago in a hunters safety course anyways. I know that you need written permission to hunt it anyways but I wasn't sure how it applied to fishing. And as far as the licence thing goes, Any water that is not completely surrounded by private property needs a license. So any stream or creek, even if it flows through private land. The only place you don't need one is a private pond.
 

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Red X Angler
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Dont emphisize that "old"part to much hes kinda sensitive!

Gene - Red》X《 - Asheboro
Nah. A lot of my friends don't get to fish anymore. They're taking dirt naps. Sometimes I get some free time to go fishing and don't...just too tired and struggling with some health issues. But when I do I'm thankful for the blessing of life to enjoy God's awesome creation!
 

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It's a shame we have to go through so much garbage just to fish. There was a nice place we used to go on the SF of the New. Guy from NJ bought the land, but let us go down to the water for a couple of years on his land. Next time we went he told us he was going to have to stop it, because some people had trashed the place. He let us go that day, but we had to find another access.
Gotta question.
Do we have reciprocal agreements on border counties in SC like we do in Virginia? I know Lake Wylie requires both states license, wondered if that is across the board.
 

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Very good article in last months NC Wildlife mag refrencing this very topic. Lots of lawyer-speak; I myself found it hard to interpret. Sounded like in simplest terms, if it is only wadeable, not navigable, the stream bed would be considered the land-owners up to individual property lines. Good luck.
 
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