HNTFSH wrote:I'm guessing what you're after isn't a law related to any of the ODNR regulations but rather civil. While state regs may point to related restrictions...trespassing is trespassing whether you're hunting, fishing, boating or just walking your dog.
IANAL, but from what I've seen other states do, submerged lands are subject to riparian rights laws. Basically meaning that non-submerged land is bound by different rules as the submerged land is governed by riparian rights. Now each state interprets these different such as some allow ownership of land to the middle of the stream, others say the low water mark is the demarcation of private land ownership. However, all case law I've seen has always found that the riparian rights, all of them, are subject to various reasonable uses. If there is not explicit law, case law would be needed to interpret the common law meaning for Ohio.
This document from OSU helps to cite old Ohio case law on riparian rights.http://senr.osu.edu/images/Principles_of_Water.pdf
Right to go on navigable waters. Despite this private ownership, the public has a
right to go upon any water that is "navigable". Cases in recent decades have broadened the
meaning of this word, but they have not defined it so that one may be certain that he is not a
trespasser, or that his activity on or in the water is lawful. Certain principles are established,
however, warranting assumptions that offer the recreational user of a stream legal reassurance
on many miles of Ohio streams that have not been specifically adjudicated as "navigable".
Mooring a boat. From an early time, a person using a navigable river had the right
to moor in front of private land to do such things as repair his engine, since this was an
"incident of navigation and commerce".1 The right of the shore owner to the water "is but a
usufructory right, a right to enjoy that which belongs to another . . ." and "that other, as to the
water of a navigable stream, is the public for, in Ohio, it is established law, that navigable rivers
are public highways".2 However, a ship owner has no right to run a line to shore.3
Fishing and hunting by boat. A right that adheres to any waters that are navigable,
and thus "public", is the right to the public to fish.1 It is not so clear that hunting is one of these
uses, but arguably it is. In State v. Shannon2 the Court held that a statute which prohibits
hunting on posted land included a privately-owned streambed under navigable water. However,
that statute has been repealed. The present statute states:
"No person shall hunt or trap upon any lands, pond, lake, or private waters of
another, except water claimed by riparian right of ownership in adjacent lands, or
shoot, shoot at, catch, kill, injure, or pursue a wild bird, wild waterfowl, or wild
animal thereon with out obtaining written permission from the owner or this
This statue does not prohibit hunting or trapping on navigable waters.
This is an old publication, but still used as reference by the ODNR http://www.dnr.state.oh.us/tabid/4038/Default.aspx