Kentucky Department of Fish and
Wildlife Resources
Landowner Fishing Access Program
Kentucky Department of Fish and
Wildlife Resources (KDFWR) is developing a new program to help promote and
increase recreational fishing and boating opportunities throughout Kentucky.
Information, as well as commonly asked questions, about the program is provided
below. For more
information you may contact the department at (502) 564-7109 ext. 4457or via
email at
fw.publicaccess@ky.gov.
What is the Landowner
Fishing Access Program?
The
goal of this program is to promote and increase recreational fishing and boating
opportunities in Kentucky. Private landowners who own farm ponds, lakes, boat
ramps, or stream access can enroll in the program and receive a financial
reimbursement from KDFWR to allow the public to access these areas. Landowners
are not selling or giving up the rights to their land, but merely agreeing to
allow the public access to these specific areas for the sole purpose of fishing
and/or boating.
Who is eligible to enroll
in this program?
Any
landowner who owns access to a stream, river, lake, or farm pond including boat
ramps or canoe access sites.
How much financial
incentive is there to enroll in the program?
KDFWR will provide a financial reimbursement to landowners who enroll in the
program. The amount is based upon scoring criteria that will be evaluated by
Department personnel and the type of access the landowner is enrolling (stream
access, farm pond access, or boat ramp access). Additional reimbursement may be
provided for parking facilities, vegetation control, access road improvements,
fencing, gates, and signage. The amount of reimbursement is calculated on an
annual basis with longer agreement periods resulting in higher reimbursement.
Reimbursements are made on an annual basis for both single and multi-year
agreements.
When will the landowner
receive reimbursement?
Reimbursement for each agreement year that runs from March through February will
be received in February. Reimbursements will be prorated based on the number of
months the access site has been enrolled in the program for that agreement year.
When does a landowner
need to apply for enrollment into the program?
The
landowner can apply at any time during the agreement year. A Department review
will decide whether the site becomes enrolled in the program during the current
agreement year or is deferred to the beginning of the next agreement year.
Does the Department offer
other similar type programs?
There is a similar program allowing public access to private lands for hunting.
Is a participating
landowner liable should the public hurt themselves while accessing their
property?
KRS
411.190 generally relieves the landowner of any liability suffered in connection
with fishing or boating while enrolled in this program unless the liability
suffered is due to the landowner’s willful or malicious failure to guard or warn
against a dangerous condition, use, structure, or activity. KRS 411.190 can be
viewed online at:
http://www.lrc.ky.gov/KRS/411-00/190.PDF
How long can a landowner
enroll in the program?
A
landowner can choose to enroll in the program on an annual basis or can elect to
enroll for multiple years. Maximum enrollment in the program initially shall be
3 years.
Can a participating
landowner establish special restrictions on his property?
A
landowner can require special restrictions be established at their property
prior to enrolling in the program. Examples of such restrictions may include,
but are not limited to the following: (1) no alcohol; (2) no off-road vehicles
(ATV’s); (3) no campfires; (4) no swimming; and (5) day use only.
Can a participating
landowner temporarily close off access to their property?
The
landowner may temporarily close off access to their property for weather, fire
danger, or other circumstances that would put the public in danger or jeopardize
the resource. A landowner may also request that the Department close off their
property during certain periods of the year (i.e. no fishing during winter
months) in the initial agreement.
Will the Department post
signs on enrolled property?
KDFWR will post signs informing the public about the access site and associated
boundaries. Signs may include language concerning where to park vehicles, as
well as, rules and regulations at the site. Replacement of signs will be the
Department’s responsibility.
Will the landowner be
required to maintain the land enrolled in the program?
KDFWR will help maintain the site through regular site visits and inspections of
the property. Trash will be picked up and removed during these inspections.
The Department will not be responsible for repairs needed to parking areas and
access roads. Maintenance issues should be discussed with the Department prior
to enrolling in the program.
The success of this program
will hinge upon the participation of qualified landowners and the cooperation of
the public using these areas. Landowners will expect the public to have respect
for their land and the public will expect ease of access to areas in the
agreement. The Department is committed to this program by maintaining proper
signage, keeping access areas clean, communicating with landowners, and
informing and educating the public about these access sites.