PatrickWard Posted August 23, 2011 Report Share Posted August 23, 2011 I realize I should know the answer to this question, but am relatively new to the state and am wondering whether Illinois has the same public access laws as most other states, such as access from bridges is always permissible. With the Vermillion river fiasco, I'm not sure. I ask because a colleague showed me pics of nice smallies caught on the Kickapoo Creek in Peoria county. I can't seem to identify any public access points with the exception of bridges in the areas he fished. He indicated he gained access from a parallel road which would seem to me that he trespassed. All fish were CPR and caught on a fly-rod with streamers and scuds. Quote Link to comment Share on other sites More sharing options...
Mike G Posted August 23, 2011 Report Share Posted August 23, 2011 Beware. Illinois laws on this are Feudal in regards to access very different from neighboring Wisconsin. But I cannot wait to hear what the other guys say. Quote Link to comment Share on other sites More sharing options...
Jonn Graham Posted August 23, 2011 Report Share Posted August 23, 2011 This has been talked about before on this site. The law states that if the stream is not listed as navigatable (there is a list you can obtain from the state), then, by law you must gain permission to wade or float the said stream. Quote Link to comment Share on other sites More sharing options...
John Gillio Posted August 23, 2011 Report Share Posted August 23, 2011 This has been talked about before on this site. The law states that if the stream is not listed as navigatable (there is a list you can obtain from the state), then, by law you must gain permission to wade or float the said stream. The Vermilion is not on Illinois short list of navigatable rivers. Quote Link to comment Share on other sites More sharing options...
Fredmo Posted August 25, 2011 Report Share Posted August 25, 2011 I looked at the "short" list, and find both Vermilion rivers are on it, but there is either only the last half mile from the Illinois, or all but that last half mile is included. It is written so you have to sit and read it over several times to figure out what they mean, and I just didn't have the time tonight. This looks like one of those situations where the legislature authorized the DNR to come up with the list, so it is something created by a bureaucracy, not our elected representatives. There is a petition process outlined to request that bodies of water be added to the list. Wonder if that has been invoked by anyone on the upper Vermilion. Doesn't look like it is rocket science, might not even need to hire an attorney. Quote Link to comment Share on other sites More sharing options...
Scott Ferguson Posted August 25, 2011 Report Share Posted August 25, 2011 You can turn in a petition but if a landowner shows up with a deed, that shows he owns the river, you'd need to get lawyers involved. Then if you win, the landowner gets money for the land (or water) the state took away by allowing public access. The state is broke, will they want to pay? Or, as has been done in the past in other states, the lawyers have to fight to say that the original deed was invalid because whoever sold the river in the first place had no right to do so. So the landowner therefore is not entitled to any money. Lots of lawsuits. Quote Link to comment Share on other sites More sharing options...
Norm M Posted August 25, 2011 Report Share Posted August 25, 2011 http://illinoissmallmouthalliance.net/forums/index.php?showtopic=6491 previous thread on this site Quote Link to comment Share on other sites More sharing options...
John Gillio Posted August 25, 2011 Report Share Posted August 25, 2011 I looked at the "short" list, and find both Vermilion rivers are on it, but there is either only the last half mile from the Illinois, or all but that last half mile is included. It is written so you have to sit and read it over several times to figure out what they mean, and I just didn't have the time tonight. This looks like one of those situations where the legislature authorized the DNR to come up with the list, so it is something created by a bureaucracy, not our elected representatives. There is a petition process outlined to request that bodies of water be added to the list. Wonder if that has been invoked by anyone on the upper Vermilion. Doesn't look like it is rocket science, might not even need to hire an attorney. Yes ,the area near the mouth of the river is considered navigable. It was used by the cement mill to bring in coal I believe. The loading dock had not been used used for quite some time. Then some idiot burned it down. The mill has had many incidents on their property over the years. After the mill closed the river, Representative Mautino had sponsored a bill to make the river navigable up to one of the bridges upstream from the mills property.The bill was allowed to die after the mill made an agreement with the DNR to make the area by the dam safer. The DNR will decide when the river opens. Quote Link to comment Share on other sites More sharing options...
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