Officials Cite Safety Concerns as River Access Rules Blur Legal Line in Chimney Rock

Questions over what the public can legally do in a North Carolina river resurfaced at the June 16 Chimney Rock Village Council meeting, where officials emphasized safety concerns along the Rocky Broad River while stopping short of citing any specific state law prohibiting people from entering the water.

The discussion centered on access to the Broad River as it flows through Chimney Rock Village, where recovery work, erosion, and bank stabilization continue following Hurricane Helene and repeated high-water events.

Fishing allowed, but “don’t put your feet in” guidance questioned

Village officials reiterated that fishing is allowed but advised visitors to avoid entering the water or standing on portions of the riverbank due to safety risks.

Village Manager Steve Duncan framed the policy as a safety directive tied to unstable conditions along the river corridor, where debris, erosion, and shifting banks remain ongoing concerns.

However, during the meeting, officials did not cite any specific North Carolina statute or regulation prohibiting a person from entering a navigable river by stepping into the water at public access points.

Instead, guidance from town leadership focused on discouraging physical entry into the water, even while acknowledging that fishing and other water activities themselves cannot be prohibited.

Under North Carolina’s recreational fishing framework, anglers must carry a valid license issued by the North Carolina Wildlife Resources Commission. Separately, state law treats navigable waterways such as the Rocky Broad River as public trust waters, meaning the public may fish, swim, and navigate within the water itself, including designated reaches like the Broad River segment from the Henderson County line to the U.S. 64/74 bridge (except where posted otherwise), and in regulated areas such as Hatchery Supported Trout Waters; however, that public right applies only to the waterway and does not extend onto private riverbanks or allow trespassing, standing, or crossing private property without landowner permission.

Public safety concerns cited amid debris and erosion

Business owner Kristen Sottile urged caution, pointing to continuing runoff and debris movement following major storms and repeated heavy rainfall.

“It's also for people's safety because with the high waters that we're getting from the torrential rains that we're getting, everything is coming down the river,” Sottile said. “We're not having the river consistently being cleaned after all of these events. You don't know what's coming down, so it's just as a precaution for property owners along the river, as well as people coming to visit, because that's the last thing that we need here as a village is somebody getting hurt from something that was in the river that obviously nobody knew about.”

Officials said those conditions — not a specific prohibition on river access — are driving warnings to avoid wading or entering the water.

Enforcement shaped by property boundaries and liability concerns

Village staff also said enforcement is complicated by private property lines along sections of the river corridor, where access points vary and reconstruction work is ongoing.

“You cannot go across private property to get in the river,” Duncan said.

Mayor Pro Tem Buck Meliski described the village’s simplified enforcement approach as allowing fishing while discouraging other river access behaviors.

“If you’ve got a fishing pole, you’re allowed to fish,” he said.

Legal gray area left unaddressed

While officials repeatedly emphasized safety, the meeting highlighted an unresolved question: whether local authorities have legal standing to prohibit someone from entering the water itself in a public river corridor, absent trespass or other violations.

No state law was cited during the discussion to support a blanket restriction on stepping into the river from lawful access points, though officials stressed that conditions along the river remain unstable and potentially hazardous due to ongoing recovery work.

Tourism and safety messaging under strain

Business owners and residents said inconsistent messaging from security personnel and changing conditions have created confusion for visitors, particularly in a tourism-dependent area where river access is part of the local draw.

Officials said conditions along the river are expected to continue changing as stabilization, bridge repair, and debris removal projects move forward.

Mayor Peter O’Leary said access will remain fluid.

“There may be some areas that are open, and then we may have to close them again because there’s construction,” he said.

Ongoing uncertainty along the river corridor

Village leaders said portions of the Rocky Broad River corridor will remain subject to changing access conditions throughout the recovery period.

For now, officials say fishing remains permitted, but physical entry into the water is discouraged based on safety concerns — leaving lingering questions about where legal access ends and local policy begins.

A mile down the street in Lake Lure, town officials and businesses are welcoming people to the lake and the beach. Chimney Rock officials say their businesses have largely reopened and they welcome visitors.