As has been discussed on previous occasions in this space, members of the general public in Michigan generally have the right to use the surface of navigable inland lakes and streams. If you are interested in learning about when a body water is navigable, you can read this article. Assuming the body of water is navigable, what is the nature of the public’s right to use the water?
First, the public must have legal access to the body of water in order to use it. For example, this access might come through a publicly maintained access point, or it might come through a private license or easement. It is not legal for a person to trespass in order to access a body of water. This means there are some bodies of water which are navigable but that cannot be used by the public due to a lack of legal access points. While it is theoretically possible that a member of the public could access these waters through a helicopter or airplane, such an outcome is clearly unlikely.
Assuming a member of the public can legally access a navigable body of water, what activities are legal? In general, members of the public may use the water to fish, swim, boat, and sunbathe. These activities sometimes lead to conflicts with riparian landowners. In general, it is legal for members of the public to fish the waters near a riparian shoreline or dock (so long as they do not damage private property). It is also generally legal for a member of the public to anchor their boat in a lake and engage in recreation (so long as all other safety laws are being observed and the anchoring is not overnight). While sometimes annoying to riparian owners, these activities are generally protected by Michigan law.
Many people have questions about what is legal on a Michigan body of water. The attorneys at Dalton & Tomich, PLC regularly handle riparian matters. If you would like to learn more about your rights, or need assistance with a particular matter, please do not hesitate to contact us. We would be happy to speak with you.
