Last summer, a private property owners association in Western North Carolina filed a contested case against the NC Wildlife Resources Commission to block public recreation on sections of two navigable waterways; the Watauga River and Boone Fork of the Watauga. NCBHA has been tracking the case since the beginning — here’s a recap and the latest update.
In September 2024, NCBHA reported that the Twin Rivers Property Owners’ Association had secured a court order prohibiting wade-fishing on two stretches of river adjacent to its privately held lands.
How did Twin Rivers accomplish this? They filed a contested case —not in a court with the authority to hear property disputes, but before a quasi-judicial state agency that handles administrative law matters.
Legal arguments
Twin Rivers’ lawyers played a game of “gotcha” and made a murky legal argument based on paperwork and technicalities.
A simplified version of their argument:
- The Wildlife Resources Commission granted us (Twin Rivers POA) a fishing registration.
- In the fishing registration, we said we owned the land and had the right to control the adjacent rivers.
- Because WRC granted the registration while it included our claim of control, WRC must enforce it the way we see fit.
- We spent lots of money stocking these waters and growing trophy trout.
- The WRC must police the waters and keep public anglers out.
The NC Wildlife Commission made its position clear from the start. While it DID approve a fishing registration for Twin Rivers POA, it DID NOT grant the landowners exclusive rights to the contested river sections. These sections are proven to be navigable and therefore held in trust by the State for the benefit of the public. Everyone, including anglers, has the right to wade and recreate on them.
Early on in the case, the WRC legal team filed a motion to dismiss but the administrative law judge denied it.
Current status
More recently, on Dec. 17, the WRC took an even stronger stance and filed a petition in Superior Court in Watauga County, asking that another judge review the order.
The Commission cited the public trust doctrine, the state constitutional right to hunt and fish, and the property rights that are at issue in this case, saying it’s not within the administrative agency’s power to enter orders on these issues.
For now, the underlying case is on hold until the Superior Court addresses the petition.
Why it matters and what’s next
While this may seem like a minor infringement of the public trust doctrine — it’s just two stretches of water in western North Carolina after all — it must be seen within a broader context.
Private landowners throughout the U.S. are seeking to undermine public rights through privatization, be it legal challenges like these, or other means. (Just check out BHA’s blog for more examples.)
The North American Model of Wildlife Conservation rests on a democratic foundation. When people from all walks of life are able to hunt and fish and recreate on public lands, it creates an engaged, passionate corps of conservationists. And nature needs all of these stewards — not just those privileged enough to pay for access.
If we allow these seemingly smaller incidents to fly under the radar, we’re missing the point. This is how the public trust doctrine erodes —one acre or one stream at a time — if we don’t remain vigilant.
NCBHA will keep tracking this case and standing in solidarity with the NC Wildlife Commission as they fight against this alarming trend of privatization.
Please reach out if you would like to get more involved and stand with us: [email protected].