Can you fence off a lake? Wody Polskie explains

Thousands of cottages, fences, and private property signs have sprung up along Polish lakes. A tourist eager for a swim may feel disappointed at the lack of access to water, which is, after all, a public good. What does the law say about such situations? Can you fence off a lake in Poland?

A 1.5-meter safety strip

Magdalena Żmuda, Deputy President of Wody Polskie for Water Services, addressed the issue of conflicts between tourists and shoreline property owners in the Powody do rozmowy podcast. As it turns out, both sides are making mistakes.

The current Water Law states that everyone has the right to common use of water. We may walk along the shoreline, swim, or practice water sports, provided it does not conflict with local bans. For natural bodies of water not regulated by any damming structures, the law prohibits shoreline property owners from fencing off their land closer than 1.5 meters from the shoreline.

What exactly does this mean? If a lake’s water level is not artificially raised, a strip of land around its entire shore must be left open to allow free passage and safe exit from the water in case of danger.

Dammed waters and the elusive shoreline – two legal loopholes

According to Magdalena Żmuda, many fences and no entry signs along Polish lakes are unjustified and illegal, and as misdemeanors, they are subject to penalties. Specific cases can be reported to Wody Polskie or the police.

However, before picking up the phone, it’s worth checking the circumstances. On dammed waters – those with a weir or sluice – the above rule does not apply. In such cases, a property can be fenced up to the so-called MaxPP, or maximum damming level.

Even on natural lakes, a fence reaching the water’s edge does not necessarily mean the law has been violated. Legally, the shoreline is determined based on the average water level over the past 10 years, which depends heavily on hydrological conditions. In wet years, the 1.5-meter safety strip may be completely flooded, making it impossible to walk along the shore without getting wet.

Walking, yes – picnicking, no

The frustration of holidaymakers who cannot walk freely around a lake is only one side of the coin. On the other side is the right to property and the understandable reluctance of landowners to host crowds of passersby on their land. How does the Water Law address this issue?

According to Magdalena Żmuda, the right to pass along the shoreline or to exit the water in an emergency is not the same as the right to stay on the land for recreation. If a property owner complies with the law and has not put up a fence or a no entry sign, this does not mean we can use their land freely. Sunbathing, swimming, or barbecuing go beyond the right of public access to water. It is, however, permissible to come ashore from the water or moor a boat if the situation requires it.

Want to know more? We covered the topic of fencing in Wodne Sprawy last year. Additionally, Krzysztof Gruszecki has written about guaranteeing access to water and the measures that can be taken if such access is obstructed – it’s worth reading his article.

The editorial team of Wodne Sprawy reminds readers that the mere fact that a section of shoreline is unfenced and appears abandoned does not justify arrogance or recklessness. As part of our annual 10 deadly sins of the unaware tourist campaign, we appeal to avoid using wild swimming spots and not to moor boats in reed beds, and when camping, fishing, or engaging in water sports, to minimize traces left behind. What is not forbidden is, by the water, often irrational and harmful to ecosystems!