Submitted by ProfessionalPopular6 t3_113yzuq in vermont
I might be doing some fly fishing in VT in the summer. Does anyone have any notes on public easements/river access in VT? I mainly wondering if VT uses high water marks as property lines or if there are other public easement laws?
I’ll probably do some exploring in the green mt national forest for small stream brook trout and maybe the black river and maybe the battle kill for the obligatory orvis store trip.
Thanks!
deerefield rivier on rt9 is southern vt cant go wrong
in fact im an avid fly fisherman in southern vermont feel free to msg me if you need good spots
What times during the year do you like to fish the Deerfield?
I wouldn’t walk through someone’s land and just fish in their river, but I haven’t heard of anyone having problems fly fishing, especially since you can wade to those spots. There are a lot of river access pull offs all over the state. I’m not sure on easement laws but I’ve been fishing this state for as long as I can remember and have never had any issue granted there are a lot of new homeowners who may not understand how it works around here. You could always reach out to our fish and wildlife dept for those laws.
Yea I intend to use designated pull outs and hike up and downstream (on the banks). I just know some states have mineral rights and water rights. I’m going to do some more research and narrow down the spots I want to fish.
Thanks!
Unless the land is posted and signed, you are allowed to respectfully access it legally. This goes for any private land in Vermont. Local custom is to ask first, despite that not being legally required, just the polite thing to do.
Edit: the caveat being, if someone asks you to leave, you need to leave. Once they tell you that you are not welcome, you are trespassing.
Edit2: another caveat, if you get hurt on their land and it wasn't because of a hazard they created, they are not liable.
VT is high water mark. If you can access the water way on public/state land then you can fish. Private land ends at the high Water mark
Even if it is a hazard they created - like an unsafe bridge over a stream - they are not liable. (https://legislature.vermont.gov/statutes/section/12/203/05793).
It has to be willful and wanton misconduct, like setting a trap for people, before the landowner has any liability.
Not a problem, best of luck
It’s our river not theirs!
Do agree not to walk on someone’s property, particularly if posted or close to their dwelling. Use common sense OP. I believe the state uses top of river banks as the demarcation.
Lamoille river, between #15 and Hogback
Nulhegan River Basin Silvio Conte off 105 Brunswick vt. West Mountain WMA Paul Stream
The nulhegan seems looks super interesting but I probably can’t make it that far north this trip. Probably sticking to the southern part of the state.
There are a couple of good books I've found that are helpful on this issue.
UPW rules apply to lakes and ponds.
https://dec.vermont.gov/watershed/lakes-ponds/vermont-use-public-waters-rules
American whitewater did a piece as rivers are are little more complex and they access depends on if they are navigable.
The people who say all water in VT is public have never read the law.
[deleted] t1_j8tkngt wrote
Like the other Redditors here have said, use common sense when traversing somebody else's land: Don't assume everyone knows about the rules of access regarding posted/non-posted property- most folks do not.
The following link is to a PDF prepared by the Vermont Society of Land Surveyors regarding Riparian Rights in the State of Vermont- This should contain all the information you are looking for about waterway rights-of-access and waterway boundaries.
Be careful, be respectful, and good luck :)
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https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwiQ28ye-pr9AhVLmIkEHZD6D5EQFnoECBsQAQ&url=https%3A%2F%2Fwww.vsls.org%2Fwp-content%2Fuploads%2F2020%2F07%2FWater_Law_Water-Boundary_Seminar_Materials.pdf&usg=AOvVaw2vuD1BZzx6wNfNAGnfnCC1