Fishing Forum

Full Version: Lincoln beach and a Sherriff
You're currently viewing a stripped down version of our content. View the full version with proper formatting.
fished out in front of the orchards sunday morning, never had a hit, fished til 10, 3 other trucks showed up, all said its been real slow.

went over to first spring just started to walk out what looked like BKLs tracks and a sheriff pulled up. he said cant park truck down here, after questioning him about it he said cant have any vehicles below the high water mark, the EPA and other agency's have asked them to start enforcing it and he was just warning people now, he kicked everyone out at the first spring,
he said 750$ fine for parking there and 2k fine for being in the water.
so waders off, went back around to the orchards to see if the Sherriff was there, nope he didn't talk to them, 4 trucks down on the flats and 2 by the 3rd spring, no Sherriff.

there are no signs at Lincoln about it, is did see signs at sandy beach this spring, the sherriff said all those signs have been tore down, sounded like that is what was pushing the warnings.

BTW, there is a trolling motor in the harbor that can be retrieved now for who ever lost it.
[signature]
Wait...a $2,000 fine for being in the water? Does that mean you being in the water or your vehicle?

Neither makes any sense. People back their vehicles partly into the water at every official boat ramp. If there's a pollution issue, it's just as valid there as on a beach.
[signature]
I think it was more for the people that go out and get stuck than anything, over to sandy beach they have a big problem with people tearing up the beach making roads where ever, I wouldn't be surprised if that area don't get closed like the knolls did,
[signature]
It wouldn't have bothered me so much if he would have sent the guys out by the orchards packing too.
he was real nice about it, so I'm not sure how far they will take it, I was hoping BLK would know more,
[signature]
[#0000FF]Methinks the sheriff was interpreting the law for his own convenience. Historically, all the shoreline below the high water mark has been considered public property...and vehicles have always been allowed...at their own risk. The only problem is when they get there over private posted property...and that is not the case at the springs.

The area around Sandy Beach IS private property and there is a new owner since last year. He has already threatened to gate off all the access to all that area.
[/#0000FF]
[signature]
Egads man! I have had my truck on that point every day for the past three weeks and I have never had anyone bug me. Just got back a few minutes ago from my trip this morning. This is a shocker to me. I'd like to know more about the reasoning for this. The lake bottom below the high water mark is state owned so what is the objection to being on it. I can see the orchard owners getting nasty about going out across the private property but this smells fishy to me.

I wanna know more about this. I'll be makin' some calls to try to find out more but in the mean time I'll continue to be there every morning this week. I'd like to get a "warning" with a bit of explanation as to who and why.

Tube Dude and I are planning a "gorilla floatilla" for Thurs and our planned launch point is the first spring.

I'll have more clarification on this stupid no-no as soon as I can make a few phone calls. I'll report my findings unless they deny computer access from the County Jail.

Ruined my whole day.
[signature]
I hope that's all it is, but no body argued with him, he did mention sandy beach a lot, must be having a lot of problems ther
the day wasn't a total loss, found a Leatherman, 1 anchor,
1 transom saver, 1 rod holder that looked like the one I was missing, the trolling motor in the harbor is seized up been there for a while, some one had a bad day to loose that.
[signature]
Sorry to ruin your day, I figure you would be the one find out for sure what going on.
[signature]
Damn!! It is so. Talked to one of the Ut. Co. deputies and he can't really give me any justification other than they do not want the area polluted with trash. Sounds okay but why not just fine for just fine the trashy people that leave trash? Sad state of affairs when you cannot access state owned fishing water. Apparently you can fish there is you want to hoof it a quarter of mile to access the point. Their intent is to issue warnings to "trespassers" until it is understood that access is not allowed by vehicle.

I ain't too happy about this... in fact I'm totally pissed off about it. I just can't see any damage that is done by driving on bedrock to access a favored fishing spot. I plan to continue fishing there until I get my warning and then I'm done for the year. Just never thought I'd see the day when I would risk a fine by simply driving my truck on state owned land that is not marked as posted.

I better sign off before my typing starts smoking with profanity.

I'm a criminal fisherman.

BLK
[signature]
[#0000FF]Deputies do not make or interpret the laws. I have been fishing that area for over 50 years...through high and low waters...through closures and open gates. And I have talked to MANY deputies...sometimes while standing beside my vehicle parked out on the rock shelves. Virtually everybody "in the know" has pretty much said what I said...that you can fish on public property...below the high water line...but only by accessing it via public access and not across posted land.

There have been court challenges both ways. Tickets issued for trespass hold up. Tickets issued for parking on public land...after public access...are dismissed. The tough part is verifying your point of access.

Furthermore, unless there is a public posting of any special rules and regulations pertaining to said public property they are subject to the same rules (trash disposal, etc.) that apply elsewhere. There are such rules posted at various places around the Lincoln Beach county park and they mention such things as no alcohol, but there is no restriction on parking off road. And this has been going on for years...including vehicles driving partially into the lake to allow anglers to fish from the truck beds. There has never been a specific law or ordinance against it.

I would not want to challenge a deputy...and risk a ticket for ticking him off...or getting shot with my hands raised. But if I was given a ticket I would fight it to the bitter end. And I am reasonably confident I would not have to pay. In the absence of written ordinances and a history of enforcement it is difficult to get a judge to set a precedent.

But I ain't a lawyer (thank the dieties) and I ain't qualified to give legal advice. So we all must act according to what is clearly legal as well as what is held forth as legal by an officer. Confrontations seldom accomplish anything besides elevated blood pressure...and maybe worse.
[/#0000FF]
[signature]
Pat-- I hate it when people are calm and rational... you ruin everything. Your point is well taken and I suppose I can live with it until the water comes back??? I'll park in the parking lot and shanks mare it out to the point for some bank tanglin'.

The best has come and gone.

BLK
[signature]
[#0000FF]I have sent an email to Chris Crockett...of the DWR Springville office. He has been working directly with the landowners and the Utah County commissioners to get public access rights restored for the Knolls. I figured if anyone could get a definitive answer on the status of the point at Lincoln Beach he would. I know he was also involved in the failed attempt by DWR to obtain ownership of the whole Lincoln Point area and should still have some background info available.

In the meantime, I will pursue any other input and info I can get elsewhere.
[/#0000FF]
[signature]
The lake and the fishermen have been the readheaded step child all summer. Every time someone finds a way to put a line in the water someone else finds a way to shut them down. I haven't fished the lake since the the first algae bloom because the water was too low to launch on the north end. I was living vicariously through BLK. I am sorry gentleman I hope you can find a way back on.
[signature]
[#0000FF]Utah Lake is first subject to state laws and regulations in matters of water usage and safety. After that it is regulated by Utah County, and the basic laws of Utah County prevail. This includes traffic and parking. [url "http://www.co.utah.ut.us/ordinances/index.asp"]IN THIS LINK[/url] you will find a complete set of Utah County Regulations. But if you merely want to read the regs on [url "http://www.co.utah.ut.us/apps/WebLink/Dept/ATTY/CCCode23.pdf"]TRAFFIC AND PARKING[/url] heres that link.

If you don't got the time or energy to follow links, here is an excerpt from #23:
[/#0000FF]

23-4-2. Regulation of parking.
The Sheriff's Department may place signs on all county roads and highways prohibiting or restricting the parking of vehicles where in its opinion, as evidenced by an order entered in its records, such parking is dangerous to those using said roads or where the parking of vehicles would unduly interfere with the free movement of traffic thereon.

The Sheriff's Department may prohibit, restrict or regulate the parking, stopping or standing of vehicles on any off-street parking facility or property which the County owns or operates. [#FF0000]No such regulations shall apply until signs giving [/#FF0000]
[#FF0000] [/#FF0000]
[#FF0000]notice thereof have been erected.[/#FF0000]
[signature]
While this doesn't affect me at the moment, it's always disappointing to hear something like this. It seems that left to their own "interpretation" law enforcement will take the easier road and issue a de facto ban.

If the reasoning behind this is people leaving trash, getting stuck, or crossing private property, then law enforcement should go after those actually leaving trash, getting stuck, or crossing private property. Punishing everyone because some people are jerks is wrong.

I hope someone can find a way to clear this up.
[signature]
For all you Lincoln Beach fans !! The issue is not access, but the EPA, yes that good ol Federal agency that is looking out for our well being. I had this discussion several years ago with the rangers at Deer Creek when I was launching my toon on the beach by the Island ramp. The ramp was 20ft out of water and it was flatter to the left of the ramp than below it, so I drove over to the flat portion and was putting everything together when the ranger showed up. EPA is afraid that your rig will drip oil, tranny fluid, etc on the rocks, polluting the water when it comes up. I questioned the reasoning for this, especially because any petroleum products would dissipate long before the water hit them. I have also questioned the no parking to the side of the ramps when there is such a long walk up to the parking lot, same reasoning. So until someone at EPA has a common sense Epiphany, no parking on the beaches !!! Really dumb, but that is the reason.

PS: Yes the trash is part of it ( dregs) but the pollution is the primary reason !!
But the same fluids dripping on a concrete ramp a few feet away is okay, right?

Yup, that's your goobermint for you.
[signature]
This really pisses me off! Pleasant Grove can dump there s_ _t in the lake and I can't even harass a few lowly catfish! With Yuba water levels low, DMAD lake access closed, and Utah County Barnys on the prowl I guess it over for this Southern Boy. Did I mention that I am PISSED?
[signature]
[quote Therapist]The issue is not access, but the EPA[/quote]

When I said I hope someone can clear this up, that wasn't the answer I was hoping for.... [:/]
[signature]
Just wondering if this also restricts the Loy's from harassing the Carp?
[signature]