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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41221
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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I live in PA, and we have a small creek that runs through

Customer Question

I live in PA, and we have a small creek that runs through our property. Historically, it was considered non-navigable, and we did not allow fishing. The EPA recently enacted a rule under the Clean Water Act that expanded the definition of "navigable" waters.
Under the EPA broad definition of navigable waters, our creek would be considered to be navigable. Question-does the new EPA definition of "navigable" waters mean that our creek is now considered to be public waters and are we now required to allow the public
to walk and fish in the creek?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 2 years ago.
Thank you for your question. I am a licensed Pennsylvania professional and will do my best to assist you with your concerns.
To answer directly, no, this DOES NOT create a right for public access. While it may be covered under the EPA guidelines, it does not extend some sort of a right to the public as part of the control.
Sincerely,
Dimitry, Esq.

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