# Texas water access laws



## Bryan_G (Sep 22, 2014)

I'm fairly new to the Texas marsh and to fishing lakes and channels from our bay system, so I wanted to get some feedback about this issue.

The last time I was out ran into some private property signs at the start of a cut positioned in such a way as to stop me from entering the cut. I have no desire to get out of the boat and had always though if you can float it, you can fish it, but these signs wanted me to think otherwise. I have to assume the laws for the marsh are different than the rivers. The Texas navigable water ways laws, although not entirely clear, are pretty favorable to public access.

Does anyone know the public access rights in the marsh, and what laws provide those rights?


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## Matts (Sep 2, 2015)

No lawyer here but it depends on where you are. I know on the Upper Coast (around Taylors Bayou, Sabine River, Neches River, etc) there are quite a few places where they post the entrance to the cuts. Whether or not these signs are real depends on local law enforcement interpretation. Here down in S. Texas, there are some old oil channels down in the Land Cut that go up in to a ranch and are considered private now, after legal battles.


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## Matts (Sep 2, 2015)

I forgot to add that even if the sign is bogus, good luck convincing Bubba of that. The farther east you go in TX, the more caution is warranted. Trust me......


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## Fishtex (May 10, 2014)

Bryan_G said:


> I'm fairly new to the Texas marsh and to fishing lakes and channels from our bay system, so I wanted to get some feedback about this issue.
> 
> The last time I was out ran into some private property signs at the start of a cut positioned in such a way as to stop me from entering the cut. I have no desire to get out of the boat and had always though if you can float it, you can fish it, but these signs wanted me to think otherwise. I have to assume the laws for the marsh are different than the rivers. The Texas navigable water ways laws, although not entirely clear, are pretty favorable to public access.
> 
> Does anyone know the public access rights in the marsh, and what laws provide those rights?


We have issues with a bunch of old ******** who don't know/care/understand the laws in the state. It's a an issue in some Hill Country rivers, and no doubt some other waters - no need to "win the battle and lose the war" with some of these throw backs. Your best bet is to get with the game warden and let him walk you through the legalities. I have a huge problem with airboats and the guides who think they own the coast. They routinely pull all kinds of shit as they they think they own all the bays and build permanent blinds which are illegal and expect you to get out of their way. Unless the property owner has legal rights to the area you mention, you are good to go, getting shot is another thing entirely. Sorry to vent, a couple of 12 yr old scotches got me going.


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## Matts (Sep 2, 2015)

Yeah, on the airboat and "permanent" blinds, the guides can get out of hand. Hopefully with the newish (i.e. 10 yrs) anti-hunter harassment laws, the guides should be able to be ticketed for harassing folks for being in "their" blinds. The problem is that there are blinds absolutely everywhere and it's impossible to tell which ones might be hunted on any given morning. Blinds placed in the bay are on public water, period. Anyone can hunt them and the game warders darn sure won't right one a ticket for being in a blind.


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## Bryan_G (Sep 22, 2014)

Thanks for the comments. I know the law is probably secondary to the enforcement. Im trying to contact the game warden, and then maybe the property owner. I just dont like being bullied off of water that is public access.


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## Matts (Sep 2, 2015)

So where are you located?


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## Bryan_G (Sep 22, 2014)

I'm out of Austin.


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## Matts (Sep 2, 2015)

Ok. Much less of the private water markings down here on the Middle Coast. Upper Coast is a pain.


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## Bryan_G (Sep 22, 2014)

Yeah, I understand the spillover from LA happening up there. It's a different place. I guess that's why I haven't ran into this much on the middle coast.


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## EdK13 (Oct 3, 2013)

Call a Game Warden. They will let you know where not to go.


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## weldandglass (Sep 29, 2009)

I assume we're talking about coastal marsh, subject to the ebb and flow of the tide. My knowledge only applies to these areas and I'm not as well educated on these issues in non-tidal areas such as lakes, river and streams. Please be aware that I'm not a lawyer and am not giving legal advice, but here's the best I can do to explain it:


The General Land Office owns all Gulf of Mexico bottom and most Bay bottom from nine nautical miles offshore to the Mean High Water (MHW) line or Mean Higher High Water (MHHW) line (inland) in most cases. The MHW/MHHW lines are almost indistinguishable from each other for most of the Texas Coast and in virtually all "marshes" the lines fall in the same place on the ground's surface. In the middle Texas coast, smooth cordgrass (Spartina alterniflora) typically grows around the MHW line so in most areas if you are seaward of the smooth cordgrass then you are probably below the MHW and on State Submerged Lands, which the public has a right to access, which is probably outlined somewhere in the Texas Administrative Code of Texas Natural Resources Code. Additionally, areas below the MHW line are considered "Navigable Waters" and this determinatin of navigability is backed by Federal Law (Section 10 of the Rivers and Harbors Act).

There are a few, unique cases where private individuals own navigable bay bottom because their property ownership was not originally defined by the "littoral boundary" (meander of the MHW line) but was defined by a "meets and bounds" description during original conveyance and that "meets and bounds" descriptions has been carried forth ever since. I'm only aware of a handful of private submerged land owners on the middle Texas coast and these are exceptions to the rule.

The only situation you would ever encounter in Texas Coastal Marshes in which you could be potentially trespassing, that I'm aware of, would fall under two scenarios:
1. Under high tide scenarios, where the tide is significantly above MHW, you can often run or float a boat over private property (landward of the MHW line). As I understand it, it is legal to run/float a vessel over private property as long as no contact with the bottom is made or you don't step off the boat onto the natural ground's surface. Once you do, it is my understanding that you are potentially subject to private property trespass laws. If you use some common sense, and remain within areas that would be below the tide line under "normal" tide levels, chances are you are over state submerged lands have the right to be there.
2. If you are on or over one of the few privately owned submerged tracts and set foot on the bay bottom and or make contact with your boat then you are potentially subject to trespassing laws. Again, these areas are uncommon and you would have no way of knowing that the submerged land was actually privately owned unless signs were posted. Remember that as long as you don't make contact with the bottom, you're probably not subject to trespassing laws.

This information applies only to Tidal Waters of Texas.

In summary, if you use common sense, stay seaward of smooth cordgrass and within areas subject to the ebb and flow of the tide under normal tide scenarios (below the MHW line) you're probably fine.

Lastly, the County Sheriff is the enforcer of trespass laws within each county and are often not educated on littoral boundary law. Game wardens sometimes have knowledge but I'm aware of several times in the past where game wardens sided with landowners who thought they owned submerged land and once it was reviewed or litigated, the State of Texas asserted claim to the entire marsh and the landowner "lost" thousands of acres (they only thought they owned the land so it wasn't lost). On a side note, I think our Texas Game Wardens do a really great job, they just don't always have the proper information regarding littoral boundary ownership and ultimately it's not their job.

Stay respectful of private property rights and if you're asked to leave or if signs are posted, it's best to comply and consult a professional (typically the county surveyor, a local Licensed State Land Surveyor or the General Land Office Survey Division).

If you're being bullied and suspect the landowner doesn't have a legitimate claim, you can send me a PM. I support private property rights 100% but have a particular disdain for people who try to restrict public access to public lands through bullying tactics.

Good luck.


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## sjrobin (Jul 13, 2015)

From Texas coastal water law regs. The state of Texas(citizens) owns land under mean low tide no matter the location.
(11) "Submerged land" means any land extending from the boundary between the land of the state and the littoral owners seaward to the low-water mark on any saltwater lake, bay, inlet, estuary, or inland water within the tidewater limits, and any land lying beneath the body of water, but for the purposes of this chapter only, shall exclude beaches bordering on and the water of the open Gulf of Mexico and the land lying beneath this water.


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## permitchaser (Aug 26, 2013)

Does your push pole mean contact?


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## Bryan_G (Sep 22, 2014)

I talked with the local game warden and he seemed to think im okay. He indicated that navigable waters applied. I dont intend to cause issues and there didnt seem to be any structures around. 

Ill probably fish it next time im there. 

Thanks for the info on mhw and low tide. It's all pretty confusing, and I know neither us or the land owners think it's completely fair.


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## Copperspoonfly (Oct 26, 2015)

Bryan,
Where did this happen? have never had any issue around POC, Port A.


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## jmrodandgun (Sep 20, 2013)

Bryan_G said:


> Yeah, I understand the spillover from LA happening up there


Louisiana is doing their level best to privatize tidal marsh entirely. We have entire parishes without a single public boat ramp. Less than 20% of all tidal marsh is public. Very little information exists to help people know what is public vs what is private. Even state claimed land that is being disputed by a property owner is private until the case is settled, so even a land owner that is wrong can still press criminal trespassing charges until he is proven wrong in court. We have entire settlements that exist at the pleasure of the adjoining land owner, if they were ever to decide to exercise their property rights the areas would cease to exist. I'm looking at you Delacroix. 

I've had good success getting permission to fish certain areas, but I'm also losing public property at an alarming rate. There was about a 900 acre marsh area that was state owned, but sometime between late July and last weekend it has been gated so claimed by an adjoin land owner. It' a bummer but the alternative is to stop fishing shallow water and start drowning bait for speckled trout, until then they will just have to arrest me.


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