Cape Fear River (road, difference, about)

[goldenage1]

Originally Posted by hey_guy

Uhm there is some public access to the bank

The Carolina Beach State Park is the only place near Wilmington where you can pitch a tent near the river. The campground is actually along Snow's Cut, and you are not allowed to swim there. There are plenty of hiking and boat-launch options. The details are here: Camping | NC State Parks

There are also a couple of river-front parks in Wilmington, but they are for day-use only, not camping.

[hey_guy]

Originally Posted by goldenage1

The Carolina Beach State Park is the only place near Wilmington where you can pitch a tent near the river. The campground is actually along Snow's Cut, and you are not allowed to swim there. There are plenty of hiking and boat-launch options. The details are here: Camping | NC State Parks

There are also a couple of river-front parks in Wilmington, but they are for day-use only, not camping.

I'm not necessarily disagreeing with you however the public has a right to navigate rivers and can avail itself of land when necessary

http://www.nationalrivers.org/2013%2...0on%208x11.pdf

Mr. Whisnant asked: “Do all citizens have the right to travel by boat down the course of North Carolina streams that are navigable in fact by canoe or kayak, without the consent of riparian property owners?”

Mr. Oakley responded: “The answer to your question may be summa*rized as follows: Yes. Citizens have the right to travel by ‘useful vessels’ such as canoes and kayaks, ‘in the usual and ordinary mode’ on waters which are in their natural condition capable of such use, without the consent of the owners of the shore.

“Under the public trust doctrine, as applied in North Carolina, citizens have the right to use the state’s navigable waters for the exercise of public trust rights, without the consent of riparian owners, i.e., the owners of the land adjacent to those waters. Public trust rights are defined by common law, and ‘include, but are not limited to, the right to navigate, swim, hunt, fish, and enjoy all recreational activities in the water*courses of the State and the right to freely use and enjoy the State’s ocean and estuarine beaches and public access to the beaches.’” N.C.G.S. 1-45.1.

***

Camping could be seen as a logical extension of my right to navigate rivers. I can't paddle all night...

[hey_guy]

I would comfortably camp on land below the high water mark (sand bank) as the property owners rights only go as far as dry sand

[goldenage1]

Originally Posted by hey_guy

I would comfortably camp on land below the high water mark (sand bank) as the property owners rights only go as far as dry sand

I read through the document. As I understand, Federal law give the kayer the right to portage around or walk on the banks of a river. It does not grant the right to over-night campping.

If I were a property owner with a river-front home, I would have a major problem with some kayaker pitching a tent within my view. I would not go argue the points of law with him, I would be calling the sheriff to get that guy off what I regard as my property. The sheriff might tell me I was wrong, but in the meantime, there would be a big argument with the camper.

In the interests of safety and respect for private property, I would advise any kayaker to camp in public campgrounds only.

[poppydog]

I agree with goldenage. If the landowner has a gun I don't want to be arguing the finer points of the law.

[hey_guy]

*shrug* I'm unwilling to let threats of violence or threatening cops prevent me from legal shelter because my presence 'offends their view'

Do you think when the water recedes you just suddenly get more land, lol?

I grew up on the feeder rivers to the cape fear and this sort of behavior isn't untypical, lunch on the banks, stop and pee, yes even camp sometimes

and hopefully anyone will think harder about showing kindness to travelers who just need a rest whether it be a kayaker or a a canoer or a bike tourer

[gatorxxx]

Originally Posted by urbywan

This is the south snakes and nasty things in the hot 90 degree river. Then there is nasty hog waste runoff further down the river past wilson.

No I would not put my rear end in an inner tube and float down the cape fear!

You must be talking about the Tar or Neuse River, not the Cape Fear near Wilson.

[roadpony]

Originally Posted by gatorxxx

You must be talking about the Tar or Neuse River, not the Cape Fear near Wilson.

FWIW, you are responding to a post from nearly 9 years ago.

[Lucky Dawg]

Originally Posted by hey_guy

I would comfortably camp on land below the high water mark (sand bank) as the property owners rights only go as far as dry sand

You are confusing littoral rights and riparian rights. They aren't the same.

[LRoyal10900]

Originally Posted by LordHelmit

Man don't they pull at least like one or two dead bodies a year out of Cape Fear especially in the Fayetteville "region"? I wouldn't put a toe in there. Nasty river.

Only people who are foolish enough to go in there...and the occasional boater who falls overboards or capsizes.