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Is it legal to post a ditch along public highway?
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<blockquote data-quote="Allen" data-source="post: 265442" data-attributes="member: 389"><p>KDM, while I like your explanation of how anglers are able to access the water via the right-of-way, the COE controls only lands they purchased for their projects in the state. E.g. Darling, Ashtabula, Pipestem, Garrison, and Oahe. I think what your are referring to is that they have regulatory control over things like dredge and fill, which they do. However, if it's a navigable stream, the land below the ordinary high water mark is owned by the State of North Dakota as Sovereign Lands. <a href="http://www.swc.nd.gov/reg_approp/sovereignlands/" target="_blank">[FONT=Verdana,Arial,Tahoma,Calibri,Geneva,sans-serif]http://www.swc.nd.gov/reg_approp/sovereignlands/[/FONT]</a></p><p></p><p>Note, the Sheyenne is considered a navigable stream while Apple Creek is not. This makes the rules of boating and access to them slightly different according to the brochure on the above website.</p><p></p><p>Back to the original question. I finally said the heck with it and emailed NDGF with a couple examples of where the original question here applies.</p></blockquote><p></p>
[QUOTE="Allen, post: 265442, member: 389"] KDM, while I like your explanation of how anglers are able to access the water via the right-of-way, the COE controls only lands they purchased for their projects in the state. E.g. Darling, Ashtabula, Pipestem, Garrison, and Oahe. I think what your are referring to is that they have regulatory control over things like dredge and fill, which they do. However, if it's a navigable stream, the land below the ordinary high water mark is owned by the State of North Dakota as Sovereign Lands. [URL="http://www.swc.nd.gov/reg_approp/sovereignlands/"][FONT=Verdana,Arial,Tahoma,Calibri,Geneva,sans-serif]http://www.swc.nd.gov/reg_approp/sovereignlands/[/FONT][/URL] Note, the Sheyenne is considered a navigable stream while Apple Creek is not. This makes the rules of boating and access to them slightly different according to the brochure on the above website. Back to the original question. I finally said the heck with it and emailed NDGF with a couple examples of where the original question here applies. [/QUOTE]
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