Ditches?

[Flush 'Em Hard Rocky]

I heard a few guys talking about not hunting the public land in SD, rather hunting the roadside ditches. Is this common in SD and is that considered public land. Would you recommend that for a first timer to SD?

As always, thanks for the replies, I appreciate it.

 

[Ringneck Redneck]

Ditches are legal in SD but follow the rules for staying away from livestock and buildings. Some people drive around road hunting the ditches. I prefer walking the ditches. Last year I did pretty good ditch hunting. It's an easy way to hunt if you don't have a dog or you're hunting by yourself.

 

[pheasantaddict]

Are there any other legel issues he should know? Like, Can you shoot a rooster that comes out of the ditch and flies across a posted fence line? etc...

 

[landman]

Here is the scoop on ditches.

Interstate ditches are owned by the public but its not legal to hunt on them. Most state roads are owned by the state but just the actual hardtop portion, the ditch is owned by the landowner. On County and township roads the landowner owns the ditch and the road to the center.

The ditch is owned by the landowner but its subject to an easement for public use for vehicles and utilities. Most County roads are mowed and sprayed for weeds by the county while most township roads are maintained by the landowner. The landowner has the right to cut and harvest the hay from his ditches.

Any maintenance expenses on state roads are paid from State tax revenues, while County and Township roads are maintained by local taxes, mostly from the Personal Property tax levied on the adjacent land. Taxes on a section of land (one mile square) will run about $8,000 per year. Very few ditches along state roads are left unmowed making them poor candidates for any legal type of road hunting.

Landowners are becoming increasingly intolorant of road hunters, me included, due to abuse of the road hunting privilege. Actions such as trespassing, letting dogs chase up roosters outside the ditch area, shooting too close to cattle or buildings and shooting from a vehicle weigh on this privilege. Also illegal road hunting of deer from the road is becoming increasingly repulsive to many landowners. The cell phone has made it easier to report violators, which seems to have decreased the frequency of road hunters.

Recently some landowners took the road hunting issue to court arguing that it is illegal to fire over a person's property. Although they lost this argument in court it is my opinion that a lawsuit to challenge the unarmed retrieval would stand up. I don't think the supreme court would rule that the state can make it legal to trespass on private land, especially for a recreational purpose. Without unarmed retrieval, it would make it nearly impossible to legally hunt the right-of-way.

By the way, a half-mile of right of way on a county road is only two acres including the road.

LM

 

[Downtown Bang!]

An unmowed road ditch with harvested crops on one side and roosting cover on the other can be a real productive way to finish off a limit at the end of the day. You have everything a pheasant could want (grit, cover & food) in very close proximity. When that close many birds will walk when transitioning between the three and if caught in the R.O.W. will be vulnerable to hunters.

It's been a few years but i've been opportunistic in the past and shot a couple birds this way. Frankly, its not exactly the South Dakota wild bird experience I'm targeting. If you do it my advice would be to get the SD regs and learn the rules backwards and forwards. Look for areas like described above well away from livestock or homes and buildings. Preferably on minimum maintenance or infrequently traveled roads. Keep the dogs under control and inside the R.O.W. Finally, always be aware that this is a very sensitive issue and out of state hunters who break the rules or do this in a disrepectful way give us all a bad name.

I'll just leave the discussion with this last comment. In my book one hard earned and educated public land rooster is easily as satisfying from a hunting perspective as three taken from a road ditch. Just my opinion.

DB

 

[UGUIDE]

You're right DB, I think the public land bird or limit is the ultimate in wild bird experiences as far as fair chase is concerned. A lot of pressure and no controls or management factor into the list of variables and unknown's.

LM, I sympathize with many of your points. I think the state will fight hard to keep road ditches in the huntable acres for the public but the A-holes out there may just ruin it for the rest like they do in every other activity.

These are the main thorns going against road hunting that I see.
+ deer hunters - makes absolutely no sense to me how deer hunters can drive around the country chasing deer they think they are going to get a shot at that they have absolutely no legal way to shoot them.
+ pheasant hunters that are road hunting and can't control their dogs and/or let there dogs roam around on adjacent cover in hopes of kicking a bird up for a shot.

 

[Flush 'Em Hard Rocky]

Thanks all! I think the one thing that can be said is that it is the A-holes that ruin everything for the rest of us. I live by the simple respect rule and always hunt with the proper etiquette and respect for landowners, other hunters and wildlife. Why can't everyone do that?

 

[Bilbo Baggins]

Lots of great posts. I have never road hunted and don't plan on starting now. I have seen too many guys jump out of a vehicle (or shoot out of the window) and make total fools of themselves. If they think nobody is watching them I think many of them would be in for a big surprise. If a hunter wants to legally road hunt I don't see anything wrong with it but it is not my cup of tea.

 

[FCSpringer]

Iwill not take the bait, I will not take the bait, I will not take the bait. , I have been telling my self this for it seems months now since you put this up. I believe as sportsmen even land owners as I am, should fight to your last breath not to give up any hunting access or hunting rights......................Whats next. OH Crap I took the dang bait. I feel like a Large mouth bass now. :cheers:

 

[Dakotazeb]

Rocky,

Come on out mid-November or later and try the public areas. You might be surprised. The ditches might be okay but it is a sensitive issue. If you want to try a few ditches do it in areas far away from buildings, livestock, main roads, etc.

DZ