Fishing rules

[ronaultmtd]

I had a strange run in with a property owner last year...didn’t think much of it at the time, but it did raise a question in my mind- what are the rules when fishing around private property? I was fishing close to this fella’s dock and he was very vocal about me fishing within 50 feet of his property...to keep the peace I simply moved to the next dock a few yards away...I was using white perch gear catching white perch nearly every cast...

[Big Mike]

Under riparian law in Maryland the state owns the land from mean low tide line out. There is no 50’ boundary. The waterfront owner is granted permission to extend their land via a pier under the “right of access” provided it meets conditions established by the state. The pier is actually in state owned land but owned by the property owner. So you technically could cast 1” away from the pier and be OK. I think you picked the wiser course of just moving to the next pier.

[Mark]

The vast majority of the dock owners I've met on the Severn and Magothy couldn't be nicer. They'll often ask how the fishing is and wish me well. Some will say they wish they were out fishing like me rather than working on their boats which is what they are often doing on their docks. They obviously know the law that Mike mentioned.

However, some do comment adversely -- "Don't leave any of you &%$#* hooks stuck on my dock." Those encounters have been very rare for me.

I think the best course is to be careful with your casts to not give the angry folks cause to complain. Also simply back away as Ron did rather than getting into a riparian rights argument with a hostile dock owner.

And yes, docks are structure and great locations for all species of fish on fresh and tidal waters.

[ronaultmtd]

What he didn’t know was I had caught a 25 inch striper by his dock a few days earlier...and there were lots of big white perch all along it...when he wasn’t there I always throw a few casts by it...one of my hot spots...

[mchottie]

I've heard stories from others regarding homeowners who think the water under their dock is "their water" but i've never come across anyone who took issue. I've had people sitting on their dock offer me a beer, and i've also pulled 26" catfish out from under/near a dock, and had homeowners clap that I was removing an invasive species. He grilled up perfectly with some lemon pepper seasoning.

As others have said, unless confrontational homeowner is purposefully trying to sink your vessel, move along to the next dock seems the safest course of action...

So i'll play devils advocate - If i'm hooked into a striper near someones dock, i'm not letting go. Would the preference be to radio USCG for assistance with the home-owner, or just dial 9-1-1 via cell for PD to arrive via land? And if PD, how would I tell them my location if i'm looking at the back of a residence with no house number? Interesting predicament.......

[GUNS&ROTORS]

The 50-foot rule ... that's a new one. Think I'd have moved on exactly as you did. Can't recall a landowner ever giving me grief for fishing their dock. Guessing I've fished hundreds of private docks in MD. Man-made structure is fair game on Maryland's waterways. I typically won't fish a private dock if it's occupied though, for example say, by a family on a picnic. I'd feel like I was intruding. On the other hand, I've been in the middle of family picnic lunches (on my own dock) and had bass boats run up and fish below us pretty hard - doesn't bother us at all. In fact, we've had some pretty good conversations with visiting anglers.

Incidentally, Title 10-422(b) of the Natural Resources Code states, “... a person may not: (1) Interfere intentionally with the lawful taking of wildlife by another person; or (2) Harass, drive, or disturb any game animal intentionally for the purpose of disrupting a lawful hunt." I looked but couldn't fine similar protections for Maryland's anglers. I'd be completely in favor of expanding these protections to include anglers while lawfully fishing.

[J.A. Veil]

During the 1980s I worked for DNR and MDE in theie water quality and wastewater control programs. I became somewhat familiar with riparian rights during those years. As previous posters have noted, waterfront property owners own their shorelines and piers but not the water or the land area submerged below the water. Those are owned by the State.

I did run across one interesting case in Dorchester County. We were evaluating the nutrient-laden discharge from a poultry rendering plant. To evaluate the assimilative capacity of the water body receiving the discharge, we wanted to make some depth measurements in Higgins Mill Pond, near Linkwood. As we launched canoes to begin the measurement, the property owner told us we needed her permission to have access to the water. Being clever young guys, we told her that the State owned the water and land beneath the pond. She proceeded to tell us that she had in her possession a land deed running back to colonial times that gave her ownership of the water and the land beneath the pond. Instead of challenging her legally, we opted to appease her, and subsequently were given permission to access the pond. To this day I don't know if she was correct or had made a persuasive story.

Regarding how to behave near piers and shorelines, it is not legitimate to climb onto someone's dock or land to retrieve a lure. Just chalk it up to a bad cast and move on. Assuming general friendliness to people we see on waterfront properties is also a good idea to let them know that kayak anglers are not likely to harm their property.

[ronaultmtd]

The circumstances were different- the owner was re-modeling his fish camp- there were workmen in the yard and I had caught several white perch with a mini crank bait on light spinning tackle- I was sitting maybe 50-60 feet from his pier, casting parallel to the pier right up against the shoreline...he was in the yard watching me.I waved at him to be friendly...that is when he walked out on the pier with a noticable red face...maybe the job had pissed him off or he was having a generally bad day, but he focused on me...I was only keeping very large white perch- anything under 11 inches was released...so when he insisted I stay 50 feet from his property, I did not argue or get nasty with him- just moved down the shoreline...fishing was good that morning, so no big deal..

[Mark]

John,

Your story about the colonial deed in Dorchester County is interesting.

I did a little on-line digging about colonial deeds in MD and came upon this legal review article which discusses riparian rights in our state:

http://digitalcommons.law.umaryland....49&context=mlr

Here's a sentence in the review:

"Under early English common law a riparian subject could own the beds of both fresh and tidal waters to the extent that they were of value to him."

The article then goes on to explain how "the Crown" and then subsequently MD changed riparian laws in 1745 and 1862 to give the state more control of waters, especially navigable waters.

However, the article makes clear that legal nuances remain in this matter.

The woman in Dorchester County no doubt was telling you the truth about her deed. Many landowners in MD can trace their property to colonial grants from Cecil Calvert. I know folks who live along the Bodkin whose deed was conveyed in colonial times.

The question is would the woman's argument hold up if challenged in court today.

I guess that's why we have lawyers who specialize in riparian rights.

[baitball]

Great thread! Lot's of good knowledge here. Thanks for sharing.

[mi327]

I have even heard stories of guys having the homeowner spraying people with a hose when they come up to fish their dock.

A few years back one of the Pro Bass tour guys I think it was Mark Mendez took a guy to court after an incident involving someone yelling threats at him and even going so far as jumping in another boat and doing circles around him at high speed. Can't find anything on it at the moment on it but will try to dig something up.

Only issue I had was a guy turned his dog loose on his boat and was barking at me from about a foot away when I was trying to retrieve my snagged lure of a piling.

[ronaultmtd]

On a really hot summer day a good hosing down might be welcome...