Creek access at bridges question

[KCRIVERRAT]

[Al Agnew]

County prosecutor is still the best way to get an answer. However, it might not be the answer you want. To be honest, if you're not leaving a vehicle there, if it was me I'd just do it. I've heard of plenty of bad answers and misinformation from MDC agents, who surprisingly enough are sometimes not well versed on stream access rules.

The way I go about deciding whether to use an access like that is, are any occupied houses within sight of the bridge? If so, you're likely to have an irate landowner run you off before you can get put in; some of them seem to spend their days watching "their" bridge. Is there a decent place to park long enough to put in that's not blocking traffic? If not, you're taking a chance of local law enforcement spotting you doing it. And is there a decent path to the water? If so, it means other people have been doing it so the landowner isn't too zealous about it.

[fishinwrench]

For years we had a prosecutor in my county that would charge you with trespass for accessing creeks via county road bridges.

But now we have a new prosecutor.... And he and his family like to FISH, so we are good to go NOW.

Amazing how that works. And genuine proof that the system is broke.

[MOPanfisher]

You could also go knock on the landowners door, explain what you want to do, not parking etc., just a drop off and slide in. Many landowners are much more amenable to being asked than just doing it. Might even find out he has a better place to launch and make a friend.

[drew03cmc]

You could also go knock on the landowners door, explain what you want to do, not parking etc., just a drop off and slide in. Many landowners are much more amenable to being asked than just doing it. Might even find out he has a better place to launch and make a friend.

It's not the landowner's call though, legally speaking.

[bs1827]

It's not the landowner's call though, legally speaking.

Maybe I'm interpreting it wrong, but I think MOPanfisher is saying that if the landowner's property boarders the creek Brad may be able to put in on his property with permission.

[MOPanfisher]

I fully realize that it is highway right of way, however in many places the actual right of way is not a very useable place to launch, either a small boat or even canoe. The adjacent owner may well have a better place close by. Besides even grumpy landowners appreciate being asked by a polite individual, never know you might make a friend with good creek access and even good places to turkey/mushroom hunt. Park at the bridge, take along a trash bag or two, and pick up the trash etc. if the adjacent landowners come out to talk to you, well you are already in good standing. If not put the trash bags in the back of your truck when you go talk to him, explain that you like to fish and didn't like seeing all the trash there, amazing sometimes what that little bit of positive energy will do.

[Smalliebigs]

I fully realize that it is highway right of way, however in many places the actual right of way is not a very useable place to launch, either a small boat or even canoe. The adjacent owner may well have a better place close by. Besides even grumpy landowners appreciate being asked by a polite individual, never know you might make a friend with good creek access and even good places to turkey/mushroom hunt. Park at the bridge, take along a trash bag or two, and pick up the trash etc. if the adjacent landowners come out to talk to you, well you are already in good standing. If not put the trash bags in the back of your truck when you go talk to him, explain that you like to fish and didn't like seeing all the trash there, amazing sometimes what that little bit of positive energy will do.

agreed....I do it all the time.....it scored me access to a private access on the Little Piney that is awesome but, I'm not the biggest fly fisherman in the world so I rarely if ever take advantage of my friends land.....but he also has two other farms one on the Mineral Fork and one on the marginal stream that flows into the river that begins with a G. I have had access to all three for years because I was caught picking up trash at this guys land on the Little Piney....I also give this gentleman a gift certificate to Citizen Kanes steak house for Christmas every year just to stay in contact.

[Brad Landolt]

While it doesn't really say too much besides "ask someone else" here is the reply from MDC:

At no time are you allowed to venture on to private land to access a bridge or other fishing spot without landowner permission. Bridges are generally considered public access to rivers and streams. If there is an access road that leads under the bridge, and it is not marked as "no trespassing", generally you're okay. However, parking and getting access under the bridge can be a challenge sometimes. Many newer bridges no longer provide a convenient right-of-way to get under the bridge.

Safety concerns are really the biggest factor. If MoDot or the county determines that it is unsafe for the public to have access on top of or under a bridge, they can prohibit access to fishing. The same goes for parking. Some counties may not allow parking on the side of the road near a particular bridge. Again, at no time are you allowed to venture on to private land to access a bridge or other fishing spot without landowner permission.

Two things I would suggest. Contact the county assessor's office and find where the public and private land surrounding the bridge is. Then contact the Conservation Agent for that county to see if parking or fishing around that particular bridge is prohibited. You can find the county Conservation Agent on our website at http://mdc.mo.gov/node/19935.

I hope this helps,