Laws for Private Lakes in Pennsylvania

Pennsylvania is home to over 2,500 lakes within and along its borders. These range in size from the vast Lake Erie and Raystown Lake to smaller natural or artificial lakes on individual properties. The state’s serene waters are beloved by its people, especially boaters and fishers.

Residents of the Keystone State who own lakeside properties or even have an entire lake on their land can appreciate the placid beauty of the waters. However, navigating the legalities of private lake water use rights, including fishing, boating and dock installation, requires sound information.

This article answers these questions so you can enjoy peace of mind as you experience all that Pennsylvania’s private lakes have to offer.

Private Lake Laws and Rights

To understand your rights to access a private lake in Pennsylvania, you must first know some essentials about the state’s water laws.

Riparian Doctrine and Water Rights in Pennsylvania

Water rights in Pennsylvania, including laws for private lakes, are governed by common law and court precedents. A major feature of the common law regarding water allocation in Pennsylvania is the system of riparian doctrine. Riparians are landowners along a waterway.

The basic approach of riparian doctrine is that rights to water are inseparable from rights to the land the water covers. If a body of water flows or extends over multiple properties, all the landowners share equal rights to access the water on their property. They gain those rights as soon as they purchase the land and retain them as long as the land remains theirs.

If there is a conflict between two owners wanting to use water for different purposes, the law prioritizes domestic water uses like washing over industrial uses.

Navigable and Non-Navigable Lakes

How far your riparian rights extend depends on whether the lake on your property is classed as navigable water or not. Navigable lakes are those that have historically been used for commercial navigation. If a lake is navigable, those with the right to access any of it may access all of it. If a lake is non-navigable, landowners only have rights to the water on their property.

Pennsylvania water laws also distinguish different categories of water. Lakes fall into the category of surface water. For more detailed information about Pennsylvania’s water laws related to lakes, focus on the laws that mention surface water.

What Is a Private Lake in Pennsylvania Law?

A private lake in Pennsylvania law is a non-navigable lake on private property.

The rights to use private lakes belong to the adjacent landowners. If the whole lake is on your property alone, you have the exclusive right to use it.

If the lake extends over multiple properties, all the property owners share equal rights to it. A landowner who only has property on one side of a lake owns the lakebed up to its midpoint and has the private right to use the water up to that point.

Some of Pennsylvania’s private lakes are on properties owned by clubs, homeowner’s associations, resorts or other entities. In those cases, the entity has the exclusive rights to use the water. It can decide how to share those rights with members, guests, customers or the general public within the bounds of Pennsylvania’s laws.

Examples of popular private lakes in Pennsylvania include:

• Lake Harmony
• Lake Naomi
• Blue Mountain Lake
• Lake Hauto
• Big Boulder Lake

Liability and Recreation on Private Lakes

Pennsylvania’s Recreational Use of Land and Water Act (RULWA) protects landowners from legal liability when they invite the public to enjoy recreational activities on their property.

RULWA means you can invite others to enjoy a private lake on your property with greater peace of mind. You are not obligated to guarantee their safety nor to warn them of potential dangers. Similarly, if you use a private lake on someone else’s property, you are liable for your own safety.

RULWA’s protections are limited, though. They usually exclude property owners who charge a fee for activities. Additionally, landowners are liable for willful or malicious failures to guard or warn visitors. For example, you may become liable if you know of a danger that would not be obvious to visitors and yet choose not to warn them.

Other Laws for Private Lakes

Aside from the laws concerning water rights and regulations for specific recreational activities like boating, additional state laws apply to private lakes, including:

• The Dam Safety and Encroachments Act: This act gives the Department of Environmental Protection (DEP) the authority to regulate obstructions of water bodies to ensure navigational and environmental safety.
• The Pennsylvania Emergency Management Services Code: This code recognizes the governor’s authority to declare a water shortage emergency. All water management then becomes subject to drought regulations, including rationing and limitations on use.
• Various environmental protection regulations: The DEP enforces additional regulations to promote sustainability, prevent pollution and protect ecosystems.

Whose Lake Is It Anyway?

Strictly speaking, Pennsylvania law does not grant ownership of lakes to lakeside property owners. It only grants rights to use the water. The water itself belongs to the Commonwealth of Pennsylvania. The Pennsylvania DEP is in charge of managing the state’s waters.

Your right to use the water normally includes any use that doesn’t interfere with others who have equal rights to use and enjoy the water. For example, polluting the water would offend their rights.

Can I Boat on a Lake That Is on My Pennsylvania Property?

You can boat on a lake on your property in Pennsylvania. The extent of your freedom to boat on the lake depends on its navigability and the ownership of property on its shores.

Navigable Lake Boating From Your Property

If your property gives you access to a navigable lake, you can boat anywhere on its waters. You are free to enjoy it as long as you don’t use the private land of another lakeside property owner without permission in the process.

Non-Navigable Lake Boating Laws

If it is a non-navigable lake, you have exclusive rights to use the water column on the lakebed adjacent to your property. This includes recreational uses like boating.

If the lake extends over other properties, the other landowners also have exclusive rights to use the water adjacent to their properties. This means you can each enjoy boating on your own stretch of the lake but need special permission from each other to cross into the non-navigable waters on one another’s properties.

If you and another landowner have properties on opposite sides of a non-navigable lake, you each have exclusive rights to use the water up to halfway across the lakebed.

If the whole lake is confined to your property, you are the only one with the right to use it for boating, unless you invite others to enjoy your private lake.

If you choose to go boating on a lake that a club or organization owns, whether you are a member or guest, ensure that you understand and respect their conditions for allowing you to use the lake.

Public Lake Boating in Pennsylvania

Boating on public waters is legal in Pennsylvania. It is only forbidden to cross private property without permission to access public waters.

Legal and Responsible Private Lake Boating

When you have the right to use all or part of a lake for boating, it’s important to use that right responsibly. Legal boating on Pennsylvania’s lakes is always subject to:

• Respect for the rights of others by boating reasonably without impacting their freedom to do the same.
• Regard for the safety of other people, property and yourself through adherence to safety regulations and best practices.
• Preservation of the environment and upholding of environmental regulations applicable to boating.
• Obedience to Pennsylvania’s general boating laws and regulations, such as licensing, registration and water traffic rules.
• Compliance with special boating regulations for lakes that have them.

Fishing Laws for Private Lakes in Pennsylvania

Private lakes in Pennsylvania present ample fishing opportunities. However, it’s important to comply with the laws regulating private lake fishing.

Do I Need a Fishing License in Pennsylvania to Fish a Private Lake?

If you own and permanently reside on a property with a lake, your household may fish the waters on your land without a fishing license.

However, there are other situations where fishing a private lake does require a license:

• If you only reside on your property occasionally or seasonally, you will not qualify for this exception from the normal requirement to have a fishing license in Pennsylvania.
• Fishing a private lake on another individual’s property requires a fishing license and permission from the landowner to avoid trespassing or violating their water rights.
• Fishing a private lake on property owned by a private club or homeowner’s association requires a license, even if you are a member.

Can My Children Fish Private Lakes With Me?

Your children are welcome to join you for private lake fishing. As long as you keep them within reach, they may fish with your active help and supervision.

You can help your child with casting, baiting and handling fishing rods, hooks and lines without needing a fishing license.

How Do I Get a Fishing License in Pennsylvania?

You can obtain a fishing license or permit from the following authorities:

• HuntFishPA’s online services
• Fishing license agents
• Fish and Boat Commission offices

Do I Need a Permit to Fish Trout From a Private Lake?

In addition to a fishing license, a special permit is normally needed to fish for trout in Pennsylvania.

However, you can fish for trout without a permit in certain cases:

• The whole private lake is on your property.
• The whole lake is on the property of an organization that limits fishing exclusively to members, and you are a member.

Can I Stock My Private Lake for Fishing?

You can stock your private lake for fishing, provided you meet the requirement to give proper notice.

Stocking fish in any of Pennsylvania’s waters requires submitting a Notice of Stocking (NOS) to the Pennsylvania Fish and Boat Commission (PFBC). This includes stocking a lake on private property.

Does Pennsylvania Require a Permit to Install a Dock on a Private Lake?

You can install a dock on a private lake in Pennsylvania for recreational purposes. However, you must obtain a permit first.

How to Get a Dock Permit in Pennsylvania

To get a permit to build a dock on a private lake in Pennsylvania, you must apply to the Department of Environmental Protection for a General Permit for small docks and boat launching ramps.

Along with the General Permit Registration Form, you will need to:

• Pay a fee.
• Include a location map showing where the dock will be built.
• Submit a Pennsylvania Natural Diversity Inventory (PNDI) Form.

You’ll need to send these documents to your County Conservation District if they have a delegation agreement with the DEP’s Permitting and Technical Services Section. If there’s no delegation agreement with your County Conservation District, send them to the Permitting and Technical Services Section. Contact your local County Conservation District to find out if they have such an agreement.

If you want to install a dock on a navigable lake, you may also need a federal permit.

Once you’ve applied, wait to receive your General Permit and any other permits or licenses that apply to your project before installing a dock.

What Are the Rules for Private Lake Docks in Pennsylvania?

Several building and environmental regulations apply to docks on private lakes in Pennsylvania. You can find these regulations in the instructions for using the General Permit and should check them carefully before installing your dock. The main purposes of these regulations are to protect the rights of others who have access to the water and preserve the ecosystem in and around the lake.

A few of the key points to note include:

• The maximum dock size is 750 feet unless further restrictions apply to the specific lake.
• The dock should extend at most 50 feet over the lakebed from the water’s edge.
• Your dock should be confined to your property and not interfere with other riparians’ access.
• It should not obstruct navigation by others who have a right to access the lake.
• It should not disrupt the normal migrations of fish.
• You must keep your dock well-maintained and free from debris.

Choose EZ Dock for Your Private Lake Dock

If you want to install a private lake dock on your Pennsylvania property, EZ Dock offers a simple, durable solution.

Our range of floating dock sections, customizable dock configurations, and drive-on, drive-off EZ BoatPort® docks is your best choice for:

• Custom options to accommodate any boat.
• Easy access for everyone, including ADA access.
• Durable materials that resist water, weather and corrosion.
• Low or no maintenance to save you time for enjoying the lake.
• Eco-friendly designs that respect your environment and regulations.

EZ Dock will help you find the perfect docking solution to comply with Pennsylvania’s regulations and enjoy more hours of fuss-free boating. To learn more about installing a private lake dock, request a quote from EZ Dock. If you’re ready to install a dock, find your local EZ Dock distributor to get your low-maintenance, high-performance dock.