Fisher Road – No River Access? Letter to the Editor Worried About Proposed Changes
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Van Duzen River at Grizzly Creek Redwoods [Image from the Humboldt Del Norte Film Commission]
Have you have ever experienced the beautiful Wild & Scenic Van Duzen River in the vicinity of Hydesville/Carlotta area…the abundance of wildlife, outstanding fishing for salmon and steelhead, or the tranquility of just being on the gravel bar watching the water flow? Well, this may soon be coming to an end as the Humboldt County Public Works Dept. has proposed to abandon (vacate) most of the Fisher Road public right-of-way which has provided public access to the river for over 80 years. The affected portion of Fisher Road would end up being a private driveway for the one residence located closest to the river. The only people allowed past a locked gate would be decided by this one resident.
How in the world can a road, historically accessible to the public for more than 80 years, be converted to a private driveway? Simply put, the landowner complained to the county about an increase in tweakers in the area, including a crazy “Manson” looking character with a machete tied to his waist. Increased trespassing, vandalism, littering, and evidence of campfires were also mentioned as justification for closing this very popular river-access road. I truly sympathize with this landowner for having to deal with unsavory individuals who have little to no respect for private or public property. I believe everyone has a right to be safe and secure within their own home.
For over 40 years I have driven down this road to a parking area adjacent to the river, and then hiked to what I consider to be the best fishing holes on the entire river. I think most all visitors, including myself, who hiked to the river from the parking area didn’t think about whether the surrounding land was either public or private as there were no “private property” or “no trespassing” signs anywhere nearby. I never heard of any visitor, over all these years, being told the area was private land; that they were trespassing and had to leave.
I now know, from reading the county’s Staff Report and talking to staff of the Public Works Dept., that all the land in this area is private. And suddenly a couple of weeks ago I noticed numerous “no trespassing / no river access” signs posted around the “new” parking area (the K-Rail Site). This site was created by the county several years ago when the river wiped out some of the old parking area and several hundred feet of Fisher Road that led to it.
I believe the public has a prescriptive right of access beyond the K-Rail site, through the old parking area, and beyond to the river’s gravel bar. In my opinion, the county’s claim that Fisher Road was never maintained beyond the K-Rails is incorrect, as I have witnessed road maintenance being conducted on several occasions over the years.
Is there some way the public can continue using Fisher Road while minimizing the negative impacts on this landowner? I believe there’s always a way to solve these kinds of problems and it involves compromise on everyone’s part. Law enforcement patrols, in my opinion, should be part of the solution. How about a more intensive “Neighborhood Watch” program? Installing video cameras and signs saying “smile, you’re on camera” might help. Signs informing visitors that the area is closed to public use from sunset to dawn might be appropriate.
On December 20th, the Humboldt County Board of Supervisors (the Board) will once again discuss this project. The Board meeting starts at 9:00 am and is located at the main courthouse in Eureka (825 5th Street). You can access the live stream of the meeting by using the following link: https://humboldt.legistar.com. You can also watch the meeting and comment on this project via “zoom”. Instructions on how to comment are explained on the Board’s website: https://humboldtgov.org and then by clicking “Board Agendas.” You can also just phone the Clerk of the Board at (707) 476-2390 and she will guide you through the process of commenting.
The agenda item for this project will be on the Board’s website by Friday the 16th. Another option to comment is to write a letter to the Board. This can be done by emailing your letter to both [email protected] and [email protected]. Provide your name and agenda item number (if available). It’s also important that you mention the topic of your letter, for example “Fisher Road Closure in Hydesville.” Your letter must be emailed by close of business on Wednesday the 14th for it to be included in the agenda attachments.
This project was first proposed to the Board on November 8th with virtually no public input other than the aforementioned landowner, two neighbors, and an adjacent rancher. I think the Board needs a lot more public input from Humboldt County residents than what it has received so far. I am confident the Board will then be able to find an equitable solution for all the users of Fisher Road.
You can watch a video of the Board’s discussion of this project by going to the Board’s website and click “Board Agendas”. Look on the calendar for November 8th and on the far right of the page is “video”. The video portion for this project begins at about 1hour, 55 minutes.
Once public access to our cherished river is lost, it is lost forever. Is that what we want for our children and future generations? The time is NOW to let your opinion be known before it’s too late.
The supervisor for this area is Michelle Bushnell. Her phone number is (707) 476-2392 and email address is [email protected]. Please let her know how you feel about this project.
Thank you!
Bruce Cann
Join the discussion! For rules visit: https://kymkemp.com/commenting-rules
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I get what you are saying Bruce. Sounds like this owner in Hydesville has put up with the trespassing for decades. As a property owner on the river I can see both sides.
Rio Dell had a spot like that at the end of Painter St. Citizens of Humboldt have traversed the trails for decades, then all of a sudden some real uptight people buy it, and ban us all. The new owners have prohibited people from walking across even the public right of way to get to the river. It’s been a huge loss to the community. They are just unreasonable people and yell at people that aren’t even on their property. Just because they can see them. I don’t want to see you lose this spot on the Van Duzen, like we did here in Rio Dell. Maybe if we could work with the owner to devise work/clean-up parties to keep it nice down there. Although I personally think it would be better to maybe limit the people, because how do you get rid of the tweakers? They can go down in one day and dump truckloads of shit, and if they do it at the wrong time, the river can come up and wash it away before someone can get to it and clean it up. Maybe have a combo lock and if someone wants to go through they have to meet the owner and get permission. Can’t really blame him for not wanting to clean up the messes. Campfires is a whole nother ball game. People party and are not safe with fire. Let’s imagine this owner is older, how scary it must be to have someone building fires in your backyard and they aren’t sober. Hell to the no on that one. Even if they aren’t older, it’s just unreasonable for someone to be building fires on private property, even if they are sober. I hope some kind of agreement can be arrange with the owner and the responsible users of the road. I have lived her for more than 30 years, I always knew there was river access there on Fisher road, but I have always been told it was private and for locals only (Hydesville and Carlotta residents only) I have never been down it because of the signs that say private drive. Now with this article advertising the road, I would imagine it’s even more imperative now that he lock it up. I will try and make this meeting. Best of luck to you keeping it open.
No. There wasn’t trespassing for decades. There was public access and a county maintained parking area before the river washed the very end of the road away. Private property signs are new this year.
That’s not true, the road was open for people to drive on the river bar for more than decades.the private signs are not new, they have been there the last 50 years. The public easement moves with the river, it has for the whole existence of fisher road. There was never any issues with the public down there with the exception of a select few,most people went out of there way to help clean. There is more to the story on why the Patton’s want the road closed. The reasons they give are untrue.
So what are the true reasons?
I infer, perhaps incorrectly, that the suspicion is that local landowners just want to close down public access to a public area through or adjacent to their property. Sort of a sagebrush rebellion (Reagan era) or like the Bundy ranch takeover of public land a year or so ago. I don’t know about claims of dumping and illegal camping. I know that losing fishing access to the Van Duzen at Carlotta decades ago still irritates me. I saw no abuse other than ranchers pissed that I was fishing “their” hole.
Where you been, no issues? No trash dumping? No fires ? No graffiti? Squatters in trailers and abandoned cars, every time I’ve been down there in the last 15 years it’s been trashed. You might want to take a trip down fisher, or you a politician?
” I always knew there was river access there on Fisher road, but I have always been told it was private and for locals only (Hydesville and Carlotta residents only) I have never been down it because of the signs that say private drive.”
Well you were told wrong. Fishing, recreation, and other public uses have always been accessible by Fisher Road. Logs were hauled out from the far side of the river via Fisher Road and gravel. It wasn’t until the gravel operations grossly expanded and bank armoring of the south bank of the river by the downstream and south bank landowner caused the regression of Yager Creek, destruction of the riparian corridor on the north side has the land between Yager and Van Duzen eroded away in the 1900’s and early 2000’s. This river access corridor has ALWAYS been available to the public. Adjacent lands no.
The land between Yager and the Vanduzen survived the ’64 flood and had mature riparian cottonwood, alder and willow. With gravel operations above and below sanctioned by the county through CHERT in the mid 1990’s (County of Humboldt Envionmental Review Team) a group of professors from HSU). Well they/it failed to adequately control the amount of gravel removed and all stability was lost.
It is not uncommon for non-landowners to make claims to lands they do not own. (Just ask the Forest Service or BLM) Fisher Road is public and I don’t know of any other public access to Van Duzen River for miles – anywhere. The recent signs posted by the county at the juncture of Hwy 36 and Fisher are shiny new and the gate installed by the landowner months ago is still open but installed in anticipation of this move. – I suspect Bushnell, Bohn, the landowner, his lawyer and Ford developed a packaged surprise proposal and motion to “summarily” bequeath the public road to the landowner at the Nov. 8th BOS meeting without any public notice. Kudos to Bass, Wilson and Madrone for at least putting a pause in those plans until further discussion on December 20.
Yes, I was lied to by people, wanting to keep the place serene and not have tons of others showing up. The signs saying private roads have been there for as long as I can remember. I knew I could try and go down there, but being a landowner on the Eel, I respected the locals wishes. I have had people come up through my backyard from the river. It’s concerning to say the least. I am quite irritated to find out these last 30 years I could of been enjoying that area, and that many others from far away have come and enjoyed for decades, but I was told no access for out of towners. Still, I sincerely hope this access isn’t lost. And I will be there next summer without a doubt. I always pack out what I pack in, so unless you see me You’ll never know I was even there.
I urge everyone who cares to show up to this meeting! Ask for time off if you need to. Write to the BOS if you can’t make it.
Thank you Seth. I hope you can make it in person to the BOS meeting on the 20th. The agenda should be out by Friday the 16th sometime. If you can’t make it, zoom is an option. Your input, in my opinion, is really important to get a historical perspective.
The majority of California has voted for this, decriminalization of drugs, no penalties for trespassing, homeless fire building or squatting no penalties or consequences. Decades of lousy voting here in California got us to this point. That road access and riverbar was clean 40 years ago . It has been a disaster for the last 15 years , Californias catch and release on criminals has gotten us here. Big thank you to the voters being lenient on criminals. Keep voting irresponsible and keep getting things taken away.
Lousy voting?
Are you saying the people are wrong and you are right?
It’s a Hell of a situation that can be worked out.
I am say the majority run out and by tp due to the media and panic. Many due the same at the poll, that takes us to this place, decriminalization of drugs, swamped with mentally ill burnouts, and homeless.
If your interested, Bidens townhall meeting on Feb 17,2021 clearly states he would like to decriminalize drugs. Check it out, completely ridiculous where this country is headed.
The poor behavior of a few will dictate the freedoms of the rest of us? If this were the case, there would be no public beaches, river access, parks, or trails open to the general public. The public’s right to access natural areas is a right worth protecting.
Unfortunately that’s generally how it works. Simple rule of thumb prevents these sorts of things from happening. Leave the place cleaner than you found it and there are never any issues.
I understand what a bummer it is though. I live a stone’s throw from the river but have to drive 2-3 miles away to access it. I thought the access on Fisher was removed last year? Those new no trespassing signs have been there for awhile now.
What makes the owner think that No Trespassing signs and making the land private will stop tweakers from using the area.
The landowner has built a gate already up the hill by the other residences and will then be able to control vehicle access.
Many have fished here for as long as they can remember, then it’s taken away just like Fernbridge. Mentally ill Manson types with machetes need involuntary hospitalization until they’re better
This County “government” has been irresponsible about public access for years. Here’s a few others: Snow Camp Road, Fernbridge River access to vehicles, Rio Dell vehicle access across from C&C Market. It’s never been upheld in Humboldt that the laws about continuous use access must remain open. I hope the BOS will actually stand up for the law and the rights of the citizens in this case instead of, as usual, violating them. When voters keep electing trash, the result is trashing our rights.
Electing trash nationally is the problem, only way to fix a systemic problem is to start at the top. 50 years of voting in selfish greedy millionaire politicians has gotten us to this place. From Biden to Newsome to our local reps. These losers need to be sent packing, Biden wants to decriminalize drugs, and create more mentally ill. Does he think drugs are good for the brain? 70 percent of our so-called mentally ill fried themselves with drugs. Now they squatt every building fires without a clue. Thanks for the fabulous voting, you have turned fisher road access into a sheet hole. I back this land owner 100 percent, nobody deserves this free for all on their land. Gate it and be done with the ridiculousness
Thanks Obama.
Are there any republicans guilty of what you claim Biden and Newsome are guilty of
All of them Republicans, all millionaire politicians are to blame. They aren’t rich because they are giving.
As long as the MAGA clowns keep running bozos it will be easy picking for the Democrats. Trump is a Republican nightmare and the best thing that we liberals have going for us. Hope nothing happens to the Donald. He and his 30% are all we need wreck the Republican circus.
Sorry about your TDS, but that 30% really gave me a chuckle. I really needed a good laugh. It feels good to laugh! (I’m still laughing…)
Biden has pardoned federal marijuana felons. What a terrible thing. Where do you get the rest of his drug policy? Trump wants to de-legitimize the U.S. Constitution and has dinner with a White Nationalist and anti-Semite. Maybe “Ye” can run as Vice President on the White Nationalist ticket. Being V.P. Is easy says Mike Pence once you get the hang of it. I think your priorities for concern are a bit out of order.
Biden wasn’t just talking weed bud, check out his townhall on Feb 17 2021. He clearly states that no one should go to jail for ANY drug, he doesn’t just say weed. Apparently he didn’t agree with his kid going down for crack. And I totally agree with you about Trump. Now let’s move on to Nancy Pelosi comparing Jan 6 with the civil war, give me a break. 5 fatalities that day, 1 shot by police, 1 overdose, 3 died of natural causes, hardly a comparison. She has lost her mind, but she is a millionaire because of us.
I remember driving out to snow camp to explore and being really confused as to whether or not it was private.
It was all closed because the one POS rich trash that had a cabin up there was in bed with an equally POS BOS. I even helped the POS and his family and friends get to the cabin because they were too drunk and got all their rigs stuck in the snow. Then they turned around and put up the gate before it was legal and the BOS and SO just ignored it.
Is it “private property” or not?. You can’t have it both ways. You all (commenters) presumably have private property or wish you did. Where you can ban undesireables. Now the shoe is on the other foot and you scream of your deprivation. Hilarious.
The affected area is all private (not sure about the railroad ROW now that it has changed hands). Fisher Road is a public road that “lays” over the private property. Hope that helps.
all public roads in Humboldt county lay over private property. Crescent City is the only place i know of that the roads/sidewalks are separate parcels and that was inherited from Crowley. Crowley was a private township before it became Crescent City.
I would brace yourself for a loss on this one.
If any school has accessed that area for education purposes, they cannot close public access.
I see this happening to Holmes Bar too. Now stands a gate blocking access to the river, a beautiful place
The road is going to get opened back up to the public like it’s been for the whole existence of fisher road. We have yet another case of board members participating in back door dealings, Kelly Patton can be quoted “I’ve taken Michelle Bushnell to dinner several times to discuss this matter and she assured me the road will be closed”….Appalling but true.For the many years I’ve been down there never once have I saw the Patton’s picking up any trash , the trash is not the problem ,it’s never been. But I have seen the ranchers and many fisherman picking up debris..the Patton’s simply want the road closed to extort their neighbors and the public for access, this is true based on the guide fisherman he lets thru for a fee. Show up to the meeting Humboldt, voice your opinions.
You heard Mr. Patton say that? If this is true…we’ll, I just hope it was a misunderstanding. And then I might be naive about our political system.
Was a great fishing spot for Salmon and Steelhead….Yager Creek outflow there.
It’s a hike but you can walk in via the railroad tracks.
The railroad tracks would take you to the Patton’s back yard.
He doesn’t own the railroad tracks nor the right- away.
Been years, but a tourist train ran up those tracks all the way to Carlotta.
For awhile later,I believe they were hauling gravel in or out.
Be poetic justice if the trains get revived and ran thru his backyard..
Train ,crack up up. Good one fox , have you looked at those tracks lately? Also have you checked out union wages, you got me rolling. Trillion dollar project on a negative billion dollar budget, yes please vote it in like every other dumb thing this state does.
Could it be a prescriptive easement? https://homeguides.sfgate.com/law-california-property-easements-7838.html
If the county goes ahead and vacates the Fisher Road public easement, then the road becomes private. Then to make it a public road again, a court would have to rule in favor of it being a prescriptive easement and that the public has a right to use it. Not a difficult thing to accomplish but an experienced attorney who knows about prescriptive rights would be needed I think. The county discusses this stuff in their Staff Report for the Nov. 8th Board of Supervisors meeting.
We had a swimming hole in our creek in use for fifty years, new guy moved in and closed it, fenced off accesss, he was a tweaker. Thankfully he left, we got our swimming hole back, and the neighbors tore down the fence. How about residents doing neighborhood watch during the summer and closing the gate from sunset to dawn.
Bruce – I hope you get this property owner to come up with a public access solution, other than closing the road to ALL users.
Our very generous neighbor, in Phillipsville, put a lock on his river access gate, with a sign, explaining why (due to trash dumping, needles etc). He told us that he & his wife got tired of cleaning up after morons over the years.
We have the gate code & his authorization to share it with other neighbors. Although our property has river access, we don’t have car access. So we use our neighbor’s river access to drive to the river bank for the occasional river bank truck load cleanup.
This man & his family own several properties near us & the properties are well kept. In one of his properties anyone is welcome to use it to ride motor vehicles, next to his legal pot plants. It amazes me that no one camps on his land(s), no one steal his pot, no one trashes his land – except at the river bank. Which is in contrast with the influx of squatters in some of the dilapidated properties nearby our property.
It is worth noting that my neighbor was either born in Humboldt or have been around for decades, so in my view, as an outsider, he has a different take on “sharing his river & land’s access” then people that are new to the area – including myself.
I think my neighbor is a generous man & I admire him for that, but I don’t like sharing “my (on paper & to cleanup only – because the river bank is really public land) river bank” with the morons that constantly leave their trash, clothes & needles behind for me to cleanup. Unfortunately, my attitude is that the river bank day users, use me as their cleanup crew, and that infuriates me. I have chased many day user & made them go back & take their trash with them. Under protest, they had to take other people’s trash too.
This sucks. The new owner should have known about all the issues when he purchased the property. He and previous owner didn’t mind people using it because they were charging a local fishing guide a hefty fee to use it. Now that he can’t charge a few because he can’t launch his boat there, they want it closed. Booooooo!
Wow…I didn’t know about that. The Pattons could make a bunch of money by charging fishermen and others for access privileges. I’m not suggesting they would do that but???
Depends on whether the road (or where it used to be) borders the high water mark. All public roads and the few to tens of feet on either side of them are publicly owned and public access. ALSO, any land within the high water mark of any navigable waters (including by small kayak for any distance at high water levels) is owned by the state of California and is public access.
If the road has fallen in at the end, one would assume that the state or county still has rights to underlaying ground where the road and parking lot used to be.
not accurate. better check with the fed, and the tribes before issuing a blanket statement like that.
I for one am disappointed with the county,I’ve noticed more and more homeless camps at damnear every river access rds,and they trash our beautiful area,I do not blame the Patton’s for wanting this.i grew up running around that river bar,sad that these homeless trash get away with fucking it up for the clean honest peaple.the county supervisor needs to deal with this issue asap..
The county has gradually blocked almost every traditional public access to our rivers. I have repeatedly asked Roger Rodini, Jimmy Smith and Rex Bohn to preserve these accesses and they all have done nothing but instead continue to block them citing transients and garbage dumping. This is wrong. They should not take the easy way out. Same thing is happening on arcata bay. Wilson will do nothing. They just don’t care.
The “River Access” is at the end of a county road. It has been debated and blocked for many years. If it was left open and unabated, you would not see manson like people lurking in the shadows. It would be full of people enjoying the river, fishing, outing, and enjoying the environment. The people would have driven off the freaks. But one millionaire land owner thinks otherwise, and wants to dead end the county road. I think this legal fight for river access needs to go to the state courts!
A few decades ago, I think it was Oddfellows Road near Carlotta which offered a short public access from SR 36 to the Van Duzen River. I remember doing well there with steelhead and salmon, if memory serves. This was in the ‘70’s. A few years later I noted that the road was decommissioned and absorbed by the adjacent ranch.
Shutting down public access to natural resources is a trend that needs to be intensely analyzed and commented on. Some may have noticed that there are obstructions and signage along the beach on Wildcat Road between Petrolia and Ferndale. What’s up with that?