Question: I was traveling in my boat up Butte Creek (a public waterway)
recently when I was prevented from continuing due to a tree that had
fallen across the creek. I am wondering if I would be legally allowed to
cut the tree or its branches so that I can pass through with my boat. I
consulted two different friends who thought I could but for different
reasons. One thought I could cut the tree out because it was disrupting
the environment, and the other thought I could because I would be
unclogging a block in a running stream of water. Neither of their
answers were persuasive so I figured I would ask somebody who would
really knows the laws. (Tyler R.)

Answer: Although you may be traveling along a public waterway, removal
of the tree blocking your passage is the responsibility of the landowner
or the public agency managing the property that the creek flows through.
According to Lt. John Laughlin, public waterways allow for boaters to
float through public and private properties but all vegetation is the
property and responsibility of the landowners. If safe passage requires
more than just pushing the vegetation to the side to allow you through,
you'll need to contact the landowners to deal with it. Depending on
the severity of the tree barrier and magnitude of the removal project,
the landowner may be required to get a streambed alteration agreement
(FGC 1600) from the Department of Fish and Game (DFG). A tree should not
constitute a fish passage blockage, but if it did, DFG should be
contacted.

Carrie Wilson is a marine environmental scientist with the California Department of Fish and Wildlife. While she cannot personally answer everyone’s questions, she will select a few to answer each week in this column. Please contact her at [email protected].