Navigable Waterway Property Line

Discussion in '(MDC) General Information' started by Rack_Hunter, May 22, 2016.

  1. Rack_Hunter

    Rack_Hunter Sensitivity Aficionado

    I have heard that the rule of thumb in Missouri is that the boundary of the public right to be on streams is the highest level that the water has reached during flood stage. Given the recent floods in SW MO, I do not believe this to be the case as most creek side campgrounds would not have much if any land left.

    Or is ithe top of the bank the property line on a navigable waterway?

    And how do you determine the top of the bank on the low side (gravel bar) side of the creek?

    I'm not wanting to trespass, but I believe I have a right to stop and use several feet of the gravel bank next to the stream.

    Thank you
     
  2. OutbackBio

    OutbackBio Well-Known Member

    Dec 11, 2009
    Kansas City
    Normal high water mark is the term used but this is one of the most confusing regulations in MO. You will have to discuss this with your local agent. Sorry to the MDC guys for tossing in my 2 cents :thumbup:
     

  3. Maconplc

    Maconplc Active Member

    623
    Dec 14, 2009
    Thanks Paul. I've never felt like my toes were getting stepped on when someone was helping get my work done:).

    Like Paul said, this is one of the more confusing laws on the books. The normal high water mark is not the normal flood stage. It's the "normal" level of the stream, which doesn't include gravel bars, etc. so in order to stay legal you might need to stand in the water. Also, you do not have the right to trespass to access the stream.