HB 1236 Safety Zone Increase

WDH said:
Besides the recreational mowing of 6+ plus miles of ditches is not real high on my list of things I need to do either....
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You don't think you could use the mowing practice? 😆😆

How about a very visible, readable sign, just on the field side of the fence, that reads, "Please don't shoot toward my house!" I suppose eventually it'd become a target, but I bet most people would honor it, even if they're past the 660' mark.

My favorite sign I've seen said, "Private property. Survivors will be prosecuted!"
 
I have tried all kinds of signs, but they do tend to attract people who feel a need to pattern their shotgun. I asked the game warden about the lasers. If I use one, the GFP would consider that hunter harassment. I thought about cutting the telephone poles down, but I don't need the jail time.
I know this is an isolated problem and not on the legislative or GFP to do list. I will just keep trying something else.
Hell, trapping muskrats got more attention in the senate chambers than this type of problem.
 
WDH said:
I asked the game warden about the lasers. If I use one, the GFP would consider that hunter harassment.
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If it were me, I would push back on that. If the lasers are only shining on your property and not on the hunters or the ditch, that should be allowed. We are only talking about a 300 yard section along the ditch (I believe you said 300 yards would be good enough).
 
Are these geese coming off of a refuge or wpa or out feeding and then flying over your land. I thought a bird had to originate and or be shot over a public right of way/ ditch
How can these guys be camped out in the ditch and pass shooting geese without breaking a dozen rules. Maybe they should pass a law that says you can’t pass shoot geese from the ditch.
 
The geese are coming off the Missouri river flying out to feed and returning. The geese can be shot at as they pass over the section line. Same rules for unarmed retrieval as upland birds.
The uproar for outlawing pass shooting would match or exceed the road hunting passion. Same players would show up to oppose it. SDWF, Izzack Walton league, etc.
 
WDH said:
The geese are coming off the Missouri river flying out to feed and returning. The geese can be shot at as they pass over the section line. Same rules for unarmed retrieval as upland birds.
The uproar for outlawing pass shooting would match or exceed the road hunting passion. Same players would show up to oppose it. SDWF, Izzack Walton league, etc.
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We had issues similar to that on our road. One side is a refuge, the other private property. Folks were shooting from the ditch, bids were dropping on the road causing all sorts of issues. The DNR posted “no hunting from right of way signs.”
 
One good thing about this post is that you can learn a lot from reading other peoples point of view. I gather that most on this site are honest hunters who follow the rules, landowners trying to be good stewards of their property for wildlife, or both.

Me personally I love pheasant hunting and it's always have nice to have more public land open to hunting. I respect private property and always err on the side of caution wherever I hunt. One last thing, lets say they do change this law someday, and set a new shooting distance. My one request, "please just pick an even number." This way I don't have to think, "two football fields plus two first downs." 🙂🏈.
 
McFarmer said:
We had issues similar to that on our road. One side is a refuge, the other private property. Folks were shooting from the ditch, bids were dropping on the road causing all sorts of issues. The DNR posted “no hunting from right of way signs.”
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Maybe it is just my Friday brain, but I'm not understanding what "no hunting from right of way signs" means. Did they put some special signs in the ditch and then this was a way to signify you can't shoot between the other signs?

Nevermind. I think I figured it out. Should read:

The DNR posted "no hunting from right of way" signs.

Meaning, they disallowed hunting in that particular ditch, due to the extenuating circumstances.
 
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Bob Peters said:
One good thing about this post is that you can learn a lot from reading other peoples point of view. I gather that most on this site are honest hunters who follow the rules, landowners trying to be good stewards of their property for wildlife, or both.

Me personally I love pheasant hunting and it's always have nice to have more public land open to hunting. I respect private property and always err on the side of caution wherever I hunt. One last thing, lets say they do change this law someday, and set a new shooting distance. My one request, "please just pick an even number." This way I don't have to think, "two football fields plus two first downs." 🙂🏈.
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I've gotten pretty good at seeing/visualizing 1/8 of a mile by practicing driving 15 seconds at 30 mph for many years. If it ever changes I'll have to completely relearn things, & you know what they say about old dogs. 😆
 
This safety zone law has larger implications than livestock and homestead safety. There is a trend in SD to build homes next to WPA and GPA areas. Expanding the safty zone 1/4 mile from on occupied building or livestock renders many of the SD WPA and GPA areas off limits for taking game in those areas, except for the residents of those homes. Yes, you read that right, the occupiers of the home can hunt there. I had a long discussion with a US fish and wildlife warden about this very fact. Essentially the resident in the home boarding the WPA and/or GPA or Walk in CRP has taken that public land for private use. The hunter can walk this ground, but the hunter cannot shoot at that game. And some land owners are claiming the fence around the yard is the beginning of the safety zone. a 1/4 mile radius around the yard can 40 acres and/or more.
Also this new 1/4 mile law creates a whole new dilemma for grouse hunting on the SD grass lands.
Now in Iowa, New construction bordering or next to existing to Public Hunting ground does not receive safety zone protections by law.
 
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KMenn said:
This safety zone law has larger implications than livestock and homestead safety. There is a trend in SD to build homes next to WPA and GPA areas. Expanding the safty zone 1/4 mile from on occupied building or livestock renders many of the SD WPA and GPA areas off limits for taking game in those areas, except for the residents of those homes. Yes, you read that right, the occupiers of the home can hunt there. I had a long discussion with a US fish and wildlife warden about this very fact. Essentially the resident in the home boarding the WPA and/or GPA or Walk in CRP has taken that public land for private use. The hunter can walk this ground, but the hunter cannot shoot at that game. And some land owners are claiming the fence around the yard is the beginning of the safety zone. a 1/4 mile radius around the yard can 40 acres and/or more.
Also this new 1/4 mile law creates a whole new dilemma for grouse hunting on the SD grass lands.
Now in Iowa, New construction bordering or next to existing to Public Hunting ground does not receive safety zone protections by law.
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Unless there's another law or regulation I'm not aware of, or unless certain homes or public areas somehow receive special treatment, I don't believe that's correct. SDCL 41-9-1.1, which establishes the safety zone, only applies to public road rights-of-way & other rights-of-way along section lines. It doesn't apply to public land in general or private land leased by the state for public hunting.

This is from the GF&P FAQ page, & I believe it also applies to WPA, GPA, CREP, etc.

Screenshot_20250304_061950_Chrome.jpg
 
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A5 Sweet 16 said:
Unless there's another law or regulation I'm not aware of, or unless certain homes or public areas somehow receive special treatment, I don't believe that's correct. SDCL 41-9-1.1, which establishes the safety zone, only applies to public road rights-of-way & other rights-of-way along section lines. It doesn't apply to public land in general or private land leased by the state for public hunting.

This is from the GF&P FAQ page, & I believe it also applies to WPA, GPA, CREP, etc.

View attachment 10823
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That is good to know if SD, I have always used the 660 buffer for public lands that are adjacent to feedlots or dwellings. I'm assuming this rule applies to WPA's, GMA's, and CREP?
 
A5 is correct.
The 660 safety zone only applies to road right of ways. It does not apply to private or public land inside the boundaries of the right of ways.
A person may build a house next to a WPA/GPA/Walk-in Areas or private property, but the 660 law does not apply. Hunters can go right up to the fence line. The homeowners have no control of what goes occurs on the other side of the fence. But you are still responsible for damages, reckless endangerment etc. If someone tries to stop you, they can be charged with hunter harassment.
Common sense applies here. Do you really want to next to a yard full of kids?
 
OK, true story. This 24 years previous. I was hunting in an WPA north of Humbolt SD, there was a home across from the parking area. I did not park there. I parked on in another area. I did walk through the area in front of that home parallel about 70-100 yards to the fence line in the WPA following my dogs. A few roosters flushed, which was my intention, to move the birds away from that area close to that home. Later that evening, at home, I had two SD game wardens at my door, tracked by my license plates, I was questioned by the Wardens if I had fired in the safety zone, and if I hunt with a 20 gauge. I explained what i did and that i do not possess a 20 gauge. Below is the regs as written in the SD Hunting handbook. The reg is subject to vague interpratation. Notice the phrase surrounding for the safety zone.

Road rights-of-way, excluding the
Interstate highway system, are open for
the hunting of small game and waterfowl
(see Mourning Dove, Youth Pheasant
and Resident-Only Pheasant seasons for
special road hunting restrictions). Only the
owner of the occupied dwelling, church, or
schoolhouse; the owner of livestock; or a
person who has written permission from the
owner of the occupied dwelling, church, or
schoolhouse, or the owner of the livestock
may use such highways or rights-of-way for
the purposes of discharging any firearm or
for the purposes of hunting within a 660-
foot safety zone SURROUNDING an occupied
dwelling, a church, schoolhouse, or livestock.
No other person may discharge a firearm
at small game within the safety zone.
 
KMenn said:
OK, true story. This 24 years previous. I was hunting in an WPA north of Humbolt SD, there was a home across from the parking area. I did not park there. I parked on in another area. I did walk through the area in front of that home parallel about 70-100 yards to the fence line in the WPA following my dogs. A few roosters flushed, which was my intention, to move the birds away from that area close to that home. Later that evening, at home, I had two SD game wardens at my door, tracked by my license plates, I was questioned by the Wardens if I had fired in the safety zone, and if I hunt with a 20 gauge. I explained what i did and that i do not possess a 20 gauge. Below is the regs as written in the SD Hunting handbook. The reg is subject to vague interpratation. Notice the phrase surrounding for the safety zone.

Road rights-of-way, excluding the
Interstate highway system, are open for
the hunting of small game and waterfowl
(see Mourning Dove, Youth Pheasant
and Resident-Only Pheasant seasons for
special road hunting restrictions). Only the
owner of the occupied dwelling, church, or
schoolhouse; the owner of livestock; or a
person who has written permission from the
owner of the occupied dwelling, church, or
schoolhouse, or the owner of the livestock
may use such highways or rights-of-way for
the purposes of discharging any firearm or
for the purposes of hunting within a 660-
foot safety zone SURROUNDING an occupied
dwelling, a church, schoolhouse, or livestock.
No other person may discharge a firearm
at small game within the safety zone.
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There is/was a few different acreage owners up in that area that like to complain about hunters any chance they get. Women are the worst. We got called in years ago for what was described to us by the CO in between fits of laughter as "shooting machine guns at seagulls." We were snow goose hunting.
 
gim said:
I could see that.

The sheriff or CO generally has to catch you in the act to cite you too though; simply hearsay from a landowner isn't enough...unless of course one admits to it on record.

I try to stay on the good side of landowners; without them, I would have no place to hunt.
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Oh yeah, I don't want to piss off any landowners that's for sure. My cousin has cost me more than a few good ranches.
 
KMenn said:
OK, true story. This 24 years previous. I was hunting in an WPA north of Humbolt SD, there was a home across from the parking area. I did not park there. I parked on in another area. I did walk through the area in front of that home parallel about 70-100 yards to the fence line in the WPA following my dogs. A few roosters flushed, which was my intention, to move the birds away from that area close to that home. Later that evening, at home, I had two SD game wardens at my door, tracked by my license plates, I was questioned by the Wardens if I had fired in the safety zone, and if I hunt with a 20 gauge. I explained what i did and that i do not possess a 20 gauge. Below is the regs as written in the SD Hunting handbook. The reg is subject to vague interpratation. Notice the phrase surrounding for the safety zone.

Road rights-of-way, excluding the
Interstate highway system, are open for
the hunting of small game and waterfowl
(see Mourning Dove, Youth Pheasant
and Resident-Only Pheasant seasons for
special road hunting restrictions). Only the
owner of the occupied dwelling, church, or
schoolhouse; the owner of livestock; or a
person who has written permission from the
owner of the occupied dwelling, church, or
schoolhouse, or the owner of the livestock
may use such highways or rights-of-way for
the purposes of discharging any firearm or
for the purposes of hunting within a 660-
foot safety zone SURROUNDING an occupied
dwelling, a church, schoolhouse, or livestock.
No other person may discharge a firearm
at small game within the safety zone.
Click to expand...

I don't see anything vague about it. Yes, the safety zone surrounds a home, cow, church, or school, but it only applies to people hunting rights-of-way. If you're on the road/section line side of the fence (or where a fence would be), it applies. If you're on the land/property side, it doesn't apply. Strange but true. I'd never bet that each & every game warden is aware of it or would interpret it that way if called by a landowner. But I believe my explanation would hold up in court. The object, of course, would be to avoid court in the first place.

I have seen safety zone signs out on public land, around adjacent homes. I suspect they were improperly placed, although I wouldn't be surprised if somehow some homes or pieces of land get special treatment under the law. I'd recommend abiding by those signs just in case.
 
KMenn said:
Road rights-of-way, excluding the
Interstate highway system, are open for
the hunting of small game and waterfowl
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Everything below in what you posted is in reference to Road rights-of-way. In other words surrounding means the 660 feet surrounding the property that is in the road right of way. Not everything in a 660 foot circumference of the house as your interpretation is implying.
 
In MN one thing that's nice is if you are standing on public land there are zero distance restrictions. You of course are responsible for your shot. However if you are on private land, then there is a "safety zone. "
So if you own a nice crp field and a neighbor puts up a house close to the property line you can't discharge within 500 feet of it.

There's a nice WPA I drive by a few times a year in southern MN. A couple years ago a guy built a McMansion right on the property line, makes me scratch my head because his property is a big one and he could have built in a different corner of it.

In Iowa there are safety zone requirements if a building was erected before a certain date. This makes it clear as mud, because how am I supposed to know when a building went up? And why do they always put containment hog barns up right next to public land?
 
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