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North Dakota Laws That Affect River Recreationists

The following information was excerpted from the 2003 North Dakota Century Code.  The information is not intended to address all North Dakota laws that might affect river recreationists.  However, it is provided  to educate recreationists on common issues that might affect a paddling trip.  Further information may be obtained by viewing the North Dakota Century Code or contacting local authorities.

Title 47 Property.  Chapter 01 General Provisions.  Section 15.  Banks and beds of streams - Boundary of ownership.

Except when the grant under which the land is held indicates a different intent, the owner of the upland, when it borders on a navigable lake or stream, takes to the edge of the lake or stream at low watermark.  All navigable rivers shall remain and be deemed public highways.  In all cases when the opposite banks of any stream not navigable belong to different persons, the stream and the bed thereof shall become common to both.

Title 12.1 Criminal Code.  Chapter 22 Robbery - Breaking and Entering Offenses.  Section 03.  Criminal trespass.  Subsection 3.

A person is guilty of a class B misdemeanor if, knowing that that person is not licensed or privileged to do so, that person enters or remains in any place as to which notice against trespass is given by actual communication to the actor by the person in charge of the premises or other authorized person or by posting in a manner reasonably likely to come to the attention of intruders.  The name of the person posting the premises must appear on each sign in legible characters.  A person who violates this subsection is guilty of a class A misdemeanor for the second or subsequent offense within a two-year period.

Title 47 Property.  Chapter 27 Closing Fence Gates.  Section 01.  Fence gates to be closed.  

A person who opens a gate or bars in a fence enclosing farm premises shall not leave such gate or bars open unless that person is in lawful possession of the premises.

Title 47 Property.  Chapter 27 Closing Fence Gates.  Section 03. Violations - Penalty.

Anyone who shall violate the provisions of this chapter shall be guilty of a class B misdemeanor and, in addition, shall be civilly liable for any damages that may result, directly or indirectly.

State of North Dakota, 2006, 2005 North Dakota Century Code: accessed May 12, 2006, at URL http://www.legis.nd.gov/information/statutes/cent-code.html.

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