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#1 |
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So interesting question...docks and such. They are beyond the high water marker. How does that work?
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#2 | |
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http://www.gencourt.state.nh.us/rsa/...OC-L-482-A.htm http://des.nh.gov/organization/commi...-wt100-900.pdf |
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#3 | |
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Me I’d never park where I wouldn’t want someone parking if I owned property on the lake. That being said there are also quite a few landowners who bring on their own grief in the way they treat others. I’ve seen both sides of the coin and there have been many threads over the years pertaining to this subject. As for docks, think of it as your car parked on a public road. Yes you own the car but not the area where you have it parked. The dock is private property and it is illegal for another person to come aboard the raft. Sometimes boaters will stop in an isolated spot thinking no one is home; sometimes a simple hi will move the boater on as they realize someone is home. In the same instance a boater who is threatened can come back with others and hang out just to make a point, or worse. Remember a boater may not know who you are, but they know where you live!
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#4 | |
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And waterfront owners do have some rights that non-owners do not have: "Riparian rights include such things as the right to access for swimming, boating and fishing; the right to wharf out to a point of navigability; the right to erect structures such as docks, piers, and boat lifts; the right to use the water for domestic purposes; the right to accretions caused by water level fluctuations". All that said, as mentioned by others, people can float right in front of your camp, cast under your dock or boat, swim in front of your property, etc. As Belmont Resident said, it's easy to tell the courteous boaters from those who are not. I think the vast majority of folks on the lake are just trying to enjoy their day on the water. |
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#5 |
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Alot of great answers to the original question. From where i am sitting I do believe that courteous boaters will not drop anchor close by anyone's private space. I always look for an area that is far away from anyone else.. I try and respect others on the water and on adjoining waterfront land. I do see many instances where a boat will get way too close to a dock or other boats that may be at anchor. Yes it is a public lake and some folks sometimes forget to be completely safe and to use good common sense on the water.
I admit there were times many years back when I used poor judgement with respect to others out there.Just some personal observations |
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#6 |
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Personally I have no problem with fishermen coming in close, but in an often failed attempt to cast as close as possible to the dock, I get lures in my canvas, and one left a lure on my dock with 30' of fishing line attached, waiting to wrap around my prop. The highways and rest areas are public property, too, but would you want someone casting all around your car? Courtesy and "common" sense, as always, is the rule to be followed.
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#7 |
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Because Winnipissaukee's water level is artificially maintained, your actual property line may be arguable but we had a local cop agree on a previous thread, that as long as their "feet are wet" the police won't get involved. Same with boaters, the water's surface is public domain even in a marina.
Also, since your dock is interfering with the public right of way, a wader has the right to step on it to get across or to get on land just to the extent needed to get past it. Several land-owners have responded to this detail by saying they would get prickly with anyone who stepped on their dock or land for this purpose but I think that's just being mean-spirited. I do advise that you post your property from the land and water-side if you are serious about keeping non-guests away. When I managed a property a few years back, the most common violaters were boat-kids wading along the shore. But old or young, they all reacted positively to "Keep your feet wet please." |
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#8 |
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I also find most fishermen to be courteous. They cast and move along. I find if someone stays too long that our dogs and or teenagers and their loud hip hop usually send them on their way fast!!
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#9 |
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I recently had a fisherman get his lure snagged on a bush on my shore front. He docked his boat at my dock. Got out, walked on my shore to retrieve his lure.
Very unacceptable. That lure should have become mine!
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#10 |
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He overstepped his bounds.
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#11 | |
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If you're serious, I would have to disagree and say he did the courteous thing. I'd never leave a lure snagged on somebodys dock or tree if I can easily retrieve it. |
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#12 | |
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#13 | |
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You're on my land without my permission? He didn't "easily retrieve it" he docked his boat at my dock and came on my land, and that is not acceptable. Do you dive into the water to retrieve a lure you've caught on a submerged tree? And if a swim near there have you put me in danger? Get real! Don't cast your stuff onto my shore! And you won't have to trespass to recover it. When I see a stranger on my land, my first concern is for the safety of those with me. Stay off my land or wreak my rath!!!
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#14 | |
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#15 |
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On all quadrants of my land
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#16 | |
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I'm sure that fisherman thought he was doing the polite thing by getting it off your property and not leaving it to become a hazard for animals/people. It's people with your attitude that has made the lake a less friendlier place, but I agree that greater care should be taken when fishing around docks and others property as to avoid such a situation. Last edited by HomeWood; 07-14-2012 at 11:50 PM. |
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#17 | |
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Someone plucking a lure out of a branch is by no means a reason to get all bent out of shape. I never was a great caster and cannot tell you how many times I sent a lure to close to the shore and had to retrieve it. ![]() One of the things that is always in the back of my mind when dealing with people around my home is that they know where I live and I have no idea who they are, or what type of person they are. In today’s society you never know what recourse someone might take. ![]() So sometimes a little common sense and less abrasiveness goes a long way.
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#18 |
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We have three or four large blueberry bushes overhanging the water and last summer we came home from work to find a family in their pontoon boat happily picking berries.
We didn't really mind because we have plenty of berries,plus they had kids with them that were pretty cute and enjoying themselves. |
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#19 |
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Call it "respect" for one's neighbor ~ on sea, lake, or land....
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#20 |
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Under old English common law, people have the right to pick fruit as far as their arms can reach without stepping foot over the property line. So far as I know this has never been challenged in NH since independence.
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#21 | |
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#22 |
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Thank you for the reminder.
W. A. Sundell & a. vs. Town of New London SUPREME COURT OF NEW HAMPSHIRE 119 N.H. 839, December 12, 1979 HEADNOTE 1. Waters--Public Both at common law and by statute, title to waters of a great pond vest in the State for public use. RSA 271:20 (Supp. 1977). 2. Waters--Public--Littoral Owners Although statute, vesting title of lake waters in the State for public use, provides that no individual shall have any rights not common to all citizens, littoral owners have common law property rights which are more extensive than those of the public generally, which could not be taken without compensation, and which were not affected by the statute. RSA 271:20 (Supp. 1977). 3. Waters--Public--Littoral Owners Private rights of littoral owners include but are not limited to the right to use and occupy the waters adjacent to their shore for a variety of recreational purposes, the right to erect boat houses, and to wharf out into the water. 4. Waters--Public--Littoral Owners Although waters of great ponds are public waters, littoral owners have private property rights which are separate from, independent of, and more extensive than the public's rights. 5. Waters--Public--Littoral Owners Since owners of shore property around lake have private littoral rights separate from the public's rights, court did not err in declining to direct verdicts for the defendant town, where littoral owners brought a private nuisance claim against the town seeking damages for interference with their littoral rights, and not for interference with rights common to the public. |
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#23 | |
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#24 |
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#25 | |
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Although waters of great ponds are public waters, littoral owners have private property rights which are separate from, independent of, and more extensive than the public's rights. What you or I say, means little. What the Supreme Court says, means much. |
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#26 | |
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Littoral Ownership Rights You have stated you have ownership of the lake. False (see definition of littoral) Rights (of which are regulated by state) does not mean ownership. Hence MP, DEP or any other myriad of organizations could take away and restrict (as they already do) the ability to install a dock, lift, mooring, swim line, swim raft, etc. That case does not grant exclusive rights to much of anything. |
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#27 | |
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When you were a kid and threw a ball into your neighbors yard by accident did you go get the ball? What's the difference? When I fished a lot, I would always try to stay as far away as I could from peoples homes. but I'd cast where the fish were. At the begining of the season the bass where near the shore. I would always try the spots where there were little hosues as well. As for the rafters, just as long as they don't block the enterance to the marina I'm ok with them. But at least a couple times a year they do. |
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#28 |
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GARYSANFRAN ---
Where EXACTLY do you live ??
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#29 |
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I know all the rules, and I especially don't like to anchor my cruiser off someones beach or waterfront. That's why NRZ's tick me off so much.
But how do people feel about kayakers? I'm been doing a lot of kayaking recently. How would you as a land owner feel if I stopped in a waist deep sandy area near your land and cooled off for a few minutes. Reboarding a kayak in deep water is a chore, so a swim near shore is much easier. I have my houseless spots, so I don't need to do this very often but how would you feel? |
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#30 | |
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#31 | |
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#32 |
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Thanks R Gal, someday I might make that paddle, but it's a long way from Smith Cove.
My favorite place for a dip is in front of Lincoln Park. A great spot, mix of rocks and sand, and alway great wake action. Since swimming at Lincoln Park is against the law (why?) I have to keep my feet wet. |
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#33 | |
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#34 |
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GARY,
Is you property "POSTED"? Does not New Hampshire consider all lands open to the Public if not "POSTED"? I am trying to reference the State's laws regarding HUNTING in NH. Does this apply in this situation? If you are worried about some one with a Fishing Pole how do you feel about a couple of "HUNTERS" with shot guns chasing down that Buck that just ran across your property? |
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#36 |
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I don't know where folks who never had waterfront property before get the idea they 'own the water' in front of their property. I see too many of this happening lately. When I bought property, I assume I have little control of what happens on the water in front of me. Even though I had to pay a view tax.
As I boater, I respect others property. I don't go walking on their shorefront unless it is an emergency. I prefer not to raft in front of a cabin to respect their right to a beautiful view. When fishing, I feel guilty if I snag a lure in front of a property. I think of a child stepping or tangling in the lure. I always make sure I retreive the lure. When I use to dive, I had to carry a knive in case I get tangled in line.
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#37 |
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Every person will have a different opinion on this senerio. I personally would appreciate any fishing lures retrieved by said fisherman, even if it means comining onto my property. Having myself or my dogs getting hooked is not worth it to me.
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#38 |
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Are we talking about the fisherman with the 10 HP aluminum row boat or the fishermen with the 21 foot boat with two Mercury 150 HP outboard engines?
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#39 |
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The draught on a 21 ft "bass/fishing" boat probably isn't much different than that aluminum row boat actually. And with a trolling motor you can get in and out of plenty of places that you could not do otherwise. Just sayin'
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#40 | |
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![]() If I happen to be outside when a snag like this happens, I would be glad to retrieve a lost lure for a fishing friend and save them the trouble. Last edited by Rattlesnake Gal; 07-15-2012 at 04:08 PM. |
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#41 |
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The reason I don't like strangers walking across the front of my property has to do with my privacy. Something I value. My house is built 15' from the water and the front is all glass. Anyone standing on my land, on the water side of my house, is literally only a few feet from my living room, kitchen and one bedroom with an unobstructed view into each room. I find it very unsettling to walk into any of these rooms, in whatever state I'm in, to see a stranger looking directly at me from just a few feet away. From the lake, the view is from a lower angle and not as obtrusive. It's not that I'm anti-social. I just like to know when to expect company.
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#43 |
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You know it is funny this year. While I am sitting on my front porch I usually wave at paddlers and bass boat fishermen as they are within a few feet of my wharf. They usually wave back. This year not one paddler waved back. What's with that? Didn't have any bass fisherman that close, so I can't comment on their reaction to my friendly wave. It's getting pretty ugly up here. Getting so I don't think I am going to wave anymore. Just saying, I am a friendly shorefront owner. Are there others out there that yell and scream at folks who come close to their dock? Is this why I am getting no reaction from folks? I don't like the way things are going. I's very depressing.
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#44 |
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Our shoreline has great people on it and we consistently wave/chit chat when the opportunity is there. The occasional paddler or fisherman usually gives a wave.
I have noticed the boat to boat waves have decreased. I remember being a kid and waving to what seemed like every single boat we passed and getting a wave back. |
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My question is were you nearby when you saw this happen? If so why did you not go untangle the lure yourself and let the fisherman reel it in and that way he would not have had to dock the boat and go on your property to retrieve it.
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I think the fisherman retreiving his lure was not doing it to deprive you of a lure...he/she was doing it to remove a hazard accidently put there. |
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Tonight, 5 of us were sitting on the deck and a boat with 2 young couples stopped 75ft in front of our place. They killed the engine and one of the young men jumped up and went to the outboard engine. It got my attention as I was concerned they might be having trouble. He proceeded to lean on the motor, unzip his fly and pee in the lake. As he rezipped, I yelled out HEY! The four of them looked at us and I figured they got the message.
![]() Then one of the young ladies went to the back of the boat and I figured, this is going to be interesting. She climbed down the ladder until her A$$ was in the water and paused for 30 seconds. Then she got back in the boat. They started the boat and left. ![]() ![]() ![]() Fishermen can retrieve all the lures they want on my dock, but I don’t think that peeing in the lake right in front of my house comes even close to reasonable etiquette. |
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#50 |
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A video of them using the lake and then posted on YOUTUBE might help. Of course, then you have the legal problem if they talk, because you did not get their permission. Either way I would have taken pictures and given them to the MP.
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#51 |
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1st, this was a great Sunday read on the desk watching the early people fishing and drinking my coffee!
2nd, most people fishing are respectful and it's great to be sharing the lake in all kinds of ways and I think that is something that is lost on some people. There are two things that I have experienced that I feel go beyond sharing. One is that people fishing troll up with thier main motor running directly into the area in front of our dock while we have kids in the water. Last year we had one guy go between two kids that were less than 15ft apart. The other is casting into the area that the kids are, we have had people cast into our dock area over the heads of the kids. I'm into sharing the lake and feel that each person does it in his / her own way and we should all respect that. But there is a line of safety and common sence and we have seen that line crossed too many times since being on the island. |
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And what do you suppose all the ice fishermen do to relieve themselves all winter when they are out fishing and drinking?? And where do all those beer cans go?
It's not an issue unique to summer :-( |
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I find that almost all bring the trash with them...in the summer are you cleaning up tons of beers cans, or bottles?
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Sorry, no. I didn't mean to say that all ice fisherman litter. The boat ramp near my home often has a bunch of beer cans strewn about at the end of the weekend. I will attest to that.
Certainly not everyone does it, but there are some that do :-( I don't ice fish, but seriously...where does one pee when ice fishing?? |
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In Alton Bay is the best restroom of any of the towns with a dock. Wolfeboro has a small one in the restaurant at the docks, Meredith is a big ? and as for the others, well.
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![]() As you are facing inland from the lake, go to the street corner on the right. Walk up the hill two blocks and go left. It is a small building on the right hand side of the street. It's easily a quarter mile walk. I estimate that to be just barely not close enough for someone with a fast digestive track. |
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A quarter mile! It faster to go to the Mill. They have them about 1 flight up.
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DEPENDS ![]() |
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.....best reply ever
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I fish almost everyday. I run across very rude fisherman occasionally, the ones who approach the Spot where you are already fishing and cast right into your area. I refuse to do the same and am careful to avoid other fisherman. I could not imagine casting into swimmers or other boats. I sometimes find people relaxing on the docks as I approach. I apologize for disturbing them and they always are very nice back to me. Sometimes a simple smile and a wave gets the same back.
Rude people, often from other regions do damage the environment. We find rude people in all aspects of our lives, work, driving, shopping, boating, etc. I try my best to ignore them and enjoy my day. |
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(lol...)
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this is mostly opinion? but i'll take a mountain view on top of Red Hill any day over waterfront property. as the economy gets better the lake will become more and more noisy. no thanks
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I have seen snowmobilers more than once, stop, zip it down and go on the ice. That probably isn't as bad as summer time in the lake though. Freezing must help do something?????
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“I never drink water because of the disgusting things that fish do in it.” ― W.C. Fields
...and what about all those geese, ducks, loons, turtles, snakes, moose, deer, etc. that swim around in the lake? Everyone out of the pool! ![]() |
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From my vantage point, we see this behavior over and over again. People come through the hole in the wall headed south, apparently realize they have a ways to go and a person will either stand on the swim platform (male) or squat and relieve themselves. If they are close enough I will yell something like " HEY I DRINK THAT WATER!" I don't really but most of these boats are big enough to have a marine toilet and they should be using it.
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Years ago a friend that has lab access took a sample from Braun Bay to be tested. That was the last year I visited Braun Bay on a weekend.
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And you all call that fun! I can think of a dozen places i would rather be then have that many people around me on such a huge lake to enjoy.
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→ If your boat has a swim platform, you should have a toilet on board—and be using it. ![]() 2) "We share the lake"—and everything in it. ![]() 3) Near me, 100± acres of grass is irrigated with phosphorus-laden lakewater: when the lawn is fertilized, the newly-concentrated mix gets redistributed back into the lake through surface waters. ![]() 4) ...and "Beer is only rented"... ![]() 5) Ever notice when things quiet down—like late on this past Sunday afternoon—the sea gulls move in? ![]() |
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Some of use even have some good video/audio equipment on board. Net result: I file a complaint with Marine patrol. If I return and you do it again, I file a protection from harassment with the court. Not so funny now is it? ![]() |
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I pulled this from a post where you castigated me for calling MP:
LawnPsycho: Break up what rafts? It's actually quite rare to see boats tied together on Winni and is much more the exception than the rule. Based on your post, I have to question if your goal is reduce noise or to discourage other boaters from using the lake (a public body of water) via heavy handed actions by the Marine Patrol? Luckily for the most part the MP has not acted heavy handed but if they did, I think it would actually work counter too your goal. If MP starts looking for every tiny infraction it would not be long before the backlash started. That same guy you want to sweep away also paid for his boat, slip, hotels, registration, etc. Quote:
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