Loch Leven Summary

In March 2021, a concerned Park County resident reached out to PLWA about encumbered public access at Loch Leven fishing access on the Yellowstone River.

There are two separate FWP sites at Loch Leven Fishing Access Site - one with a boat launch, campground, and 20 acre park, and another Day use site with picnic tables and an outhouse. There is a trail system that connects the two FWP sites, and between the sites there are four privately owned properties. When the properties were developed, FWP purchased a 50 foot easement from the high water mark to allow trail users to traffic between the two sites. Upon purchasing the properties in the area, as far back as thirty years ago, property owners were required to sign an access easement on the deed of property including a commitment to maintain the trail. On both sides of the entrances of the trail there are FWP signs stating the trail was purchased by FWP and is for the use of the public.

Currently, at the edge of a single property which borders the day use side in question, the FWP sign is broken and lying face down in the grass. An owner has erected an electric horse fence, bottlenecking the trail straight towards the high water mark. As such, trail users are being forced to walk on river rock to make their way to the trail on the next property, that then follows the 50 ft easement, as agreed.

After the concerned citizen contacted FWP and the game warden many times without success, he reached out to PLWA to assist in the matter. PLWA undertook rigorous review of deed documents, maps, and conducted a site visit of the area to produce photographs, finding that the fencing does direct traffic below the high water mark, creating a risk for anglers and aquatic fauna.

PLWA sent this letter to the Park County FWP office with supporting documents and the photos below. Currently the access issue is open and awaiting response.

UPDATE: June 2023

A few volunteers went out for a site viewing of the area. At the time, the Yellowstone River was flowing at about 19,000 CFS, which is believed to be a fairly average peak flow. It was found that many, if not all, of the properties along the river appear to be encroaching into the easement, which designates 50 feet horizontal to the high water mark. One landowner seems to be constructing a shed partially within the easement. It seems the trail that was originally located up on the bench, off of the steep slope, has gradually been forced toward the river using fencing, staking, and other markers. In many places the old trail is non-existent or impassible. Brush and debris have been dumped onto the slope, and there is now nothing that resembles a designated path for public use. The signage for the trail/easement is present on the upstream end, but needs replacing.

PLWA has been unsuccessful at reaching FWP officials to inquire about the many ongoing issues at this site. As of 2022, we have not received a response on why the full 50-foot easement is not being enforced nor about when repairs to government property will commence.

UPDATE: December 2022

PLWA has attempted to contact FWP on several occasions over the past year with no response.

UPDATE: August 2022

A PLWA board member visited the site and verified there were new picnic tables available for folks to sit along the river this summer that have been removed. The horse fence is still up and encroaching on public property. The FWP sign has not been repaired/replaced. No additional signage was visible. The access is not blocked, but the easement in conjunction with the adjoining property’s driveway make access steep.

PLWA followed up with the Region 3 Supervisor for FWP, but they were unable to provide an update. PLWA expressed the safety concern of not having the entirety of the 50ft easement available during high water season. FWP claims is is difficult to determine where the 50ft easement begins, and therefore where it ends. We discussed the possibility of better signage or markings indicating where the public can travel, but no further resolution has been made.

PLWA has tried reaching out to FWP on multiple occasions since March with no response.

UPDATE: September, 2021

PLWA has not received any response to our letter, yet we continue to receive complaints about the encumbered access at Loch Leven. Multiple calls and messages to various FWP officials that oversee the Loch Leven area have gone unanswered. PLWA has set a deadline of September 30th, 2021 for a response from FWP and then further action will be taken.