Water Access Rights Question.

[Num70]

Hello everyone. I'm relatively new to this board and wasn't sure where to post. But it didn't really seem like a conservation post, so thought I'd try it here. Quick question: Can anyone really outline for me the water access rules in Massachusetts? A lot of people speculate and talk by word of mouth, but never really cite the exact law. Can anyone here do that? I tried a bunch new spots this year and had more property run-ins than ever. Now it's duck hunting season (for me anyway - I'm on the North Shore) and I've already had my first access run-in. Cops came and everything. The officer pretty much admitted that he REALLY didn't know the law. Just looking for some knowledge. Any insight is apprecaited. Thanks a lot.

[hooked]

http://www.striped-bass.com/StriperT...5&pagenumber=2

Click the link in Slipknot's post.

[CANAL RAT]

if you have waders you are all set. the land owner owns the land to the low water mark below that its all public land

[spence]

I thought it was the mean high water mark?

-spence

[Nebe]

Originally posted by spence
I thought it was the mean high water mark?

-spence

thats in RI... plus, add one wagon width.

[Num70]

From what I can tell, for fishing, waterfowling, etc. the property owner only owns to the HIGH water mark. For all other "non-exempt" activities, he/she owns to the low mark. I think this is pretty much established. But (and I may have dreamt this) I thought you couldn't be denied access TO that point. In other words, is there anything about having right to go across unbarricaded private land to get to public waterways or something like that?

[Nebe]

What i would do is find the law in print, copy it down or print it out and stash it in your waders. When a property owner stomps down and yells at you show him the law.

[CANAL RAT]

dont forget to laminate that copy of the law so it lasts

[TheSpecialist]

I do not believe you have the right to cross unbarricaded private land to get there. Your best bet is to talk with a game warden. They can direct you to good hunting areas. You don't want to play games in Mass when firearms are concerned.

[TheSpecialist]

Go here and zoom in on the questions. You need Adobe Acrobat. You answer to crossing a property to get where you want to go is there.


http://www.ago.state.ma.us/filelibrary/beachacc.pdf

[capesams]

the law is on the books in mass..I had it[numbers] law so an so...you have the right to fish,hunt,an navagate the shoreline, but only to get to another spot..I'll get those number's again..we've been through this alot at the fishing club...again,,it's on the books.....here on the cape some deeds read "all the way to spain" not just low or high water mark.

[Num70]

Specialist -

That's the stuff I was looking for. Thanks very much. As it pertains to the spot I was referring to, I actually do have access by "prescription" because we've been using that spot to hunt and fish for ten years now. Either way, it's a pretty gray area, but this helps. Thanks again.

[Swimmer]

To Hooked and The Specialist for those two links. I knew what the law was but never have I read it where it was so clearly defined. There any many important issues that we as fishermen and women probably face I'm sure, but one day we have to get the access issue nailed down and a law should be enacted that ensures that public rights of way be posted and to be free of clutter and debris to allow unencumbered passage. It should be cleared to whatever width that is on file in the registry of deeds in the county in question. Again thanks.

Blurple flies work really good.........