It does not matter if you are on the land or wading in the water. If your feet are touching ground then you are trespassing. If you are in a boat, canoe, etc. then you are okay.
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I?ve become interested infishing, hiking and wading along Floyds Fork here in Jefferson County, but I concerned about trespassing and getting landowner permission.
As I understand it, as long as I?m in the water, there is no problem. However, is there any set width of shore that is generally considered an easement or public right-of-way? I feel like I read once that MSD, or some other county agency, owns all land within 50 (?) feet of streams (Floyds Fork, Beargrass Creek, etc.) except for developed areas or structures, but I might be totally misremembering it and all of my attempts to Google it have turned up nothing
Basically, I just want to know whether I am trespassing if I am wading in the creek but then climb out on the bank at some random spot. I could start emailing/calling government agencies, but I thought I?d start a discussion here because it might be more productive and it?s definitely more fun
Last edited by KentuckyBristle; 07-01-2011 at 02:15 PM. Reason: messiness
It does not matter if you are on the land or wading in the water. If your feet are touching ground then you are trespassing. If you are in a boat, canoe, etc. then you are okay.
What carter said. The dirt on the bottom is private property. The water itself is not.
In Kentucky, stream bottoms are privately owned unless they run through public property. So you could wade the parts that run through Miles Park and Taylorsville Park (I think that's the name of it, right off Taylorsville Rd, where the canoe ramp is). Also there's an organization known as "The Parklands of Floyd's Fork" http://theparklands.org/ that you should check out, they're buying land along Floyd's Fork for public use. Also it's only trespassing if you don't have permission. Try asking! You never know, a lot of property owners will probably say no, because they've had their place trashed before, but if you're respectful some may say yes.
Thank you all for the information...I'm glad I didn't make any assumptions. And yeah, I'm glad that there has recently become a lot more public access to the banks!
In my search for landowners along the Fork (I'd love to be able to hunt it), its been my experience that a lot of the landowners don't live near the land. And the people around aren't really sure who owns it.
So with that in mind, I've taken the approach that I'll wade within the creek banks until I meet someone who tells me I'm on their land. Then I'll respectfully apologize and go back the way I came. That seems to be working as anyone I've met along the creek has always been friendly.
And as for the Parklands, I wonder what the deal to access their lands actually is. While their stated purpose is to provide parks for public use, they are a private organization and they currently own a lot of land thats not yet been developed into a park. So would that be tresspassing or not?
And as for the Parklands, I wonder what the deal to access their lands actually is. While their stated purpose is to provide parks for public use, they are a private organization and they currently own a lot of land thats not yet been developed into a park. So would that be tresspassing or not?
While I suppose it's possible that someone in authority within the organization, if they saw you, could try to kick you out, it just doesn't seem likely since their stated goal is to acquire those lands for public use and access, and fishing is one of the uses described on their web site.
I've talked to a few people who have floated the stretch from Miles down to Taylorsville, and for one thing, most of the time, there are parts where you have portage. So basically you have to trespass to do it, but nobody's ever said anything. I can't speak for the rest of it, but I doubt it would be an issue anywhere along that 6-mile stretch.
I've fished Floyds Fork for the last 33 years.. never had anyone give me a hassle. Just be nice treat the creek and land around it with respect. I always take out trash other people leave behind. Always catch and release.I've talked to a few people who have floated the stretch from Miles down to Taylorsville, and for one thing, most of the time, there are parts where you have portage. So basically you have to trespass to do it, but nobody's ever said anything. I can't speak for the rest of it, but I doubt it would be an issue anywhere along that 6-mile stretch.
I caught a 6 1/2 pound Drum using 4 lbs Mono on a 5'3" UL last weekend... I had to run after it as it ripped out almost all my line. Super fun!!
I've never personally had any issues. Just treat the land and water with respect, and if someone says something to you, apologize and leave if that's what they want.
I have fished the stretch between Miles Park and Floyds Fork Park about a dozen times. No hassles; always a fun time.
The city is buying a bunch of the land and planning a big park plan for the entire stretch of Floyds Fork around Jefferson County. The kayak/canoe ramps were built at Miles Park and Floyd's Fork park in plans for this park. This is much more convenient than years ago when we canoed it before the ramps. It used to be a heck of a time to get a canoe out at Floyd's fork park before the ramp.
I look forward to when they have more ramps at other spots on the creek. I would like to explore it further.
If you are putting a kayak or boat in where it it private property; you definitely need to get permission.
Just wanted to say thanks to whomever is catching a releasing the smallies around Floyds Fork Park. I caught a 3 lbs smallie that looked like it had been caught less than a week before.
It's important that we catch and release if we want to have any decent sized smallies in that stretch of the creek.