A Naperville lawmaker is hoping to fix an antiquated state rule that lets property owners restrict kayakers, swimmers, fishermen and other from using small rivers and streams that cross their private land.
Naperville Kayak rents kayaks and paddle boards to customers who want to traverse the west branch of the DuPage River through Naperville.
State Rep. Janet Yang Rohr, D-Naperville, said she plans to submit legislation that would preserve access and public recreational use of the river while respecting private property rights.The language was drafted a year ago by her office after property rights on the DuPage River came into question when Plainfield residents complained to the Illinois Department of Natural Resources that people tubing on the river left trash and trespassed on their private properties, she said.
“The bill is basically written in a way that non-motorized watercraft, like a kayak or a tube, will be able to float down the river,” Rohr said, as long as the public is respectful an doesn’t litter or step onto private property. The IDNR did not address the issue last year because a dispute — Adam Holm v. Peter Kodat — over a family’s right kayak on the Mazon River was headed to the Supreme Court.
He said lawmakers should redefine navigability in terms of recreation and move Illinois water law into the 21 century.
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