Illinois BHA Seeks to Clarify Muddy Stream Access Laws

With the Mississippi River bordering the west, Lake Michigan at its northeast corner, and thousands of lakes, rivers, and streams, Illinois would seem on the surface to be a haven for water recreation. But if you thought access to Illinois rivers looked the same as Wisconsin, Missouri, Kentucky, and Indiana, you would be mistaken. 98% of the flowing water in Illinois is not considered public, not just the bed, not just the bank, the water itself. On rivers not recognized as public, the adjoining landowner owns to the middle of the river, and that property line acts the same as it does on land; you cannot cross it without permission. The remaining 2% of the flowing water in Illinois is considered public and open for public use, the result of the State’s interpretations of what is considered navigable. A confusing concept involving public boat ramps on non-public rivers, no-trespassing signs in the middle of rivers, and public areas that extend to the middle of the river. Public access to rivers in Illinois can be as muddy as the waters that flow in them.

“Navigable” has been the long-lasting standard of what is publicly accessible when it comes to rivers. Before roads and trains, rivers were the transportation industry and vital to the expansion of society. The ability to float a boat established the river’s use for the public and the transportation of their goods. What was once a common concept, traveling on rivers, gave way to modern transportation, and today most rivers are seen solely as a natural occurrence or a recreational opportunity as opposed to a transportation necessity. In Illinois, the view of what is or was navigable shifted, and the public access to some rivers across the state was lost in translation.

Rivers such as the Mackinaw, Embarras, DuPage, Middle Fork of the Vermillion, Upper Sangamon, Edwards, Little Wabash, Upper Kaskaskia, Saline, Cache, and Big Muddy are just a few rivers where all or parts of the river are not considered public waters, even though use of the rivers helped shape Illinois’ history. In 1888, the Newton Press promoted the soil, rivers, trains, and people of Jasper County, IL, describing the Embarras as the largest and most important river in the county, always flowing and even supporting steamers (steam-powered boats) several miles upriver from Newton. The Middle Fork of the Vermillion is the state’s only designated National Scenic River, though not recognized by the state as public water, and is only accessible because local governments own the adjoining land. The Big Muddy, Edwards, and Little Wabash have portions that are designated as public, but only a fraction of the actual length of the river.

To add to the confusion, many rivers can be accessed by public boat ramps, but are not recognized as public under Illinois law. Without permission from adjoining landowners, you cannot legally access those waters. The construction of many access points has been supported by local governments to promote the recreational values of the community. Cumberland County owns the Beaumont Boat Ramp on the Embarras River. This 5-star reviewed river is described as a great place for kayaks, and you'd be well on your way into a non-public river. The Wyckles Canoe and Kayak Access point on the Sangamon River in Macon County will allow access to float downriver on the non-public portion. In 2020, Mahomet, Illinois, constructed an ADA accessible boat ramp into the Upper Sanagmon, a portion of the river not recognized as public. In 2021, Lisle, IL, constructed a boat ramp into the nonpublic DuPage River.

The use of rivers has largely shifted from goods to good times, but the desire for exploration and recreation has remained, and it is clear that people are still drawn to the waters of Illinois. Today, recreation has become the primary use of many rivers. Recreation’s role in society is just as vital as trade and is quite possibly the most important good that can be transported. Recreation is what maintains our connection to the world around us, and our drive to retain it for future generations.

Access to Illinois rivers has been a difficult concept to sell in modern Illinois. The Illinois Chapter of Backcountry Hunters & Anglers (ILBHA) has tracked and engaged on the issue since 2020. Misinterpretations and misunderstandings have led to a standstill in public access to these rivers. Many are unsure of what the problem actually is, while others are scared of what a solution means.

The historical importance of Illinois’ waterways has largely been forgotten, though its access issues remain.  A vast majority of the rivers in Illinois are not public, whether you can launch on them or not. The good news is that there are solutions. We believe if it can be floated, it should be yours to float. One thing is for sure: Rivers will continue to shape Illinois and its future, whether they allow public access or not. The Illinois Chapter of Backcountry Hunters & Anglers remains committed to the access of Illinois rivers that were once the highways of the state. We hope you join us in supporting your ability to connect with the wild rivers of Illinois.