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ICI

Delaware Town Access New Restricted Areas WTH?

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So, went down this last weekend to fish for an hour or so.  I have fished from the ramp on down into the woods for the 3 years I’ve been in MO.   Not to mention, I bought a house in Pebble Creek subdivision, less than mile away, last April.   Not 100% because of the James, but it did play in.   Well, now they have signs both at the west side of parking lot and just east of the ramp stating "End of public access".   What the heck?   Why and what can we do if anything to find out more?  I doubt any reprieve will be applied, but why not try? Isnt the bank public access?  I mean thats what they told the residents of lindenlure right?   I am so frustrated.

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No, banks are not public access, except for gravel bars.  Any higher bank is private property unless owned by the state.  So if you were walking along the higher bank and not on a gravel bar, you were trespassing.  I'm sure the landowner decided he had had enough of people tromping along the river on his property and asked MDC to put up the signs.  If you started at the access and waded and walked only on the gravel bars, you would be within your rights.  

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It’s always been that way around Delaware Town. Nothing new but the signs showing where public property ends. There have been signs in the past but they have a tendency to disappear. 

Grab a kayak or canoe and you can paddle up and down it all you want. 

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9 hours ago, ICI said:

thats what they told the residents of lindenlure right?

I'm not familiar with that, do you have reference or link? Most of the state is what Al said. If that stream is different, I'm curious why.

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This is a short version of it.  https://www.news-leader.com/story/news/local/ozarks/2015/03/13/high-water-mark-resolved-lindenlure-controversy/70295854/   I guess there are a few differences.

 

I have a kayak, and do float the James a few times.  But i have a couple spots i like just south of the public area.   Sucks because i generally pick up a few things on my way out, hate trash and those who leave it.   

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I guess that is basically what Al said. Clean washed gravel bars are obviously below the high water mark. Mo water law is case law and as such not definite until it goes before a court. The county prosecutor can decide what cases will be prosecuted and what won't, years ago one prosecutor here said the driftwood line was the mark and a later one said we had to be in the water.

This might explain it to some extent; https://styronblog.com/law/harry-styrons-missouri-stream-law/

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