Hunting ditches

Stickbow

Member
So after my first trip to South Dakota I am wondering what did I miss by not hunting any ditches. I was wary of hunting my dog along fences knowing full well he would try to make it retrieve by going through one. The reason I ask is one evening when we were done hunting we witnessed a vehicle doing about 70 miles an hour down the Gravel Road. We witnessed a lot of pheasants jumping out of the ditch that were spooked by the vehicle. Seems like there may have been easier hunting and we did not take advantage of it. I will be heading out there to South Dakota this weekend just to hunt for two days by myself so I'm wondering if this is something I need to pursue.
 
Ditches can be great hunting for sure. A lot of times I’ll use hunting ditches as a way to get the dog some rest. Just depends on the situation. Good luck on your return trip this weekend.
 
Hmmm....might be another use for a check cord, have better control over dog, they are not to wide, bad part, there might be some tangles, but better then something terrible occurring.
 
Yeah, I untangled him from one fence and the skid plate he was wearing definitely save him from a trip to the vet for stitches.
 
Road hunting ditches can be productive. Ive taken a lot of birds out of the roadside ditches over the years. But there are less ditches that haven't been mowed every year. I personally feel like it's not so much for the hay, it's to keep hunters out of them. South Dakota government allows roadside ditch hunting to give non residents more access to ground. The vast majority of land is privately owned or Indian land and gaining access to private land is tough. If you road hunt be sure and read your hunting guide and know the law. It varies to some extent from year to year. It's completely legal as long as it's done the right way.
 
Ditch mowing is certainly a hot button for many landowners. Should be noted that they own the Dutch and pay property taxes on it. The gfp proposed to not allow mowing until mid August but that did get adopted. One of the concerns about not mowing is the possibility of snow drifting on the roadway. Many many times banning ditch mowing has come up and it is voted down every time. Certainly not mowing is good for bird numbers and bird hunters but the government telling someone what they can and can't do with the property they pay taxes on is just wrong in my opinion. If government what's to ban mowing take that land out of the tax base and increase snow removal capabilities. Just a thought
 
I agree completely with the landowners rights, I actually side with the landowner and I'm a non-resident. I abide with the laws regarding hunting from the right-of-way and try to comply. All that I was trying to convey was the fact that roadside ditches can be a good way to pick up some extra birds that you would have never gotten with what access to ground you had without it. Just as long as you comply with all of the rules and regulations regarding right-of-way hunting in South Dakota. Most people who come to South Dakota year after year have probably read the rules governing right-of-way hunting at one time or another. But a vast majority does not read it yearly for any changes that may have occurred. For example unless it has changed this year it states that when right-of-way hunting you cannot shoot at a bird once it crosses the property line or the roadway. A couple of years back it was worded that the pheasant had to originate from the right of way but said nothing once the bird broke the plane of the private property boundary line in flight. It did state that you couldnt shoot acroos the roadway though. All that I'm saying is there are changes from year-to-year and make sure you know the law. I hunt ethically and I try to look at things from the landowners point of view when making a decision to harvest a bird. But at the same time I'm paying money to be able to hunt those locations as well. Another example is there is a gentleman who runs a camp and plants Milo and buys birds for hunting parties year after year and any time you drive by there are anywhere from 50 to 100 pheasants along his property line in the ditch and I have never attempted to harvest one bird. Even though legally i was allowed to hunt those birds. I have stopped more than once just to watch them and have been approached by him over the years because he was under the impression that I was one of the many hunters that he has to run off of his property every year. That's his way of life and how he makes his living and I respect that.
 
I agree completely with the landowners rights, I actually side with the landowner and I'm a non-resident. I abide with the laws regarding hunting from the right-of-way and try to comply. All that I was trying to convey was the fact that roadside ditches can be a good way to pick up some extra birds that you would have never gotten with what access to ground you had without it. Just as long as you comply with all of the rules and regulations regarding right-of-way hunting in South Dakota. Most people who come to South Dakota year after year have probably read the rules governing right-of-way hunting at one time or another. But a vast majority does not read it yearly for any changes that may have occurred. For example unless it has changed this year it states that when right-of-way hunting you cannot shoot at a bird once it crosses the property line or the roadway. A couple of years back it was worded that the pheasant had to originate from the right of way but said nothing once the bird broke the plane of the private property boundary line in flight. It did state that you couldnt shoot acroos the roadway though. All that I'm saying is there are changes from year-to-year and make sure you know the law. I hunt ethically and I try to look at things from the landowners point of view when making a decision to harvest a bird. But at the same time I'm paying money to be able to hunt those locations as well. Another example is there is a gentleman who runs a camp and plants Milo and buys birds for hunting parties year after year and any time you drive by there are anywhere from 50 to 100 pheasants along his property line in the ditch and I have never attempted to harvest one bird. Even though legally i was allowed to hunt those birds. I have stopped more than once just to watch them and have been approached by him over the years because he was under the impression that I was one of the many hunters that he has to run off of his property every year. That's his way of life and how he makes his living and I respect that.

Not being a wise guy 0918style, but as long as the bird flushes from the right of way (and not in the 660 foot safety zone around occupied buildings or livestock), you can shoot at it after it leaves the right of way boundary line, as long as the bird isn't flying into Federal or tribal lands. You can also pursue/pick up the bird on private land as long as you are not armed.
 
..."you can shoot at it after it leaves the right-of-way boundary line"

I don't have a copy of the current regs, but I don't believe one can shoot across the fence/boundary (into private land). Perhaps I'm misreading your statement or the regs or both. If you
shoot at a bird within the right-a-way and it sails into private land, you can retrieve the bird, leaving your gun at the fence.

P. 38 of the handbook describes ditch shooting -it's kind of vague.

Others help us out here...
 
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..."you can shoot at it after it leaves the right-of-way boundary line"

I don't have a copy of the current regs, but I don't believe one can shoot across the fence/boundary (into private land). Perhaps I'm misreading your statement or the regs or both. If you
shoot at a bird within the right-a-way and it sails into private land, you can retrieve the bird, leaving your gun at the fence.

P. 38 of the handbook describes ditch shooting -it's kind of vague.

Others help us out here...

From page 38 of the 2018 South Dakota Hunting Handbook:

"...Hunters can take only small game (except mourning doves)and waterfowl within the rights of way on foot. The hunter must be within the rights of way and the game must originate from the rights of way or be flying over the rights of way."

"...Small game and waterfowl taken from the right of way but falling onto private property can be retrieved by unarmed hunters on foot".


That said, I do agree it is a bit vague, and may be purposely written that way. It is clear that the intent is that you and your dog must be only in the right away when hunting.
 
Yes you are 100 percent correct. My post said a couple years back the law stated the bird had to have originated from the right of way. Not the way it stands currently. I believe it was worded that way one year only. Before that it was pretty much written exactly the way it is today. If I can find the old South Dakota hunting guide for that year I'll look it up to see exactly how it was worded then. The bottom line is don't take for granted the way it was written last year is going to be the same year after year. Know the law and the rules and regulations before you go into the field.
 
This is from the 2016 South Dakota Small Game Handbook
Hunters*can*take*only*small*game*(exceptmourning*doves)*and*waterfowl*within*therights-of-way*on*foot.*The*hunter*must*bewithin*the*rights-of-way*and*the*game*musthave*taken*ight*from*within*or*be*ying*overthe*rights-of-way.

•*The*person*must*park*or*stop*their*vehicle

as*far*to*the*right-hand*side*of*the*road*as

possible.

•*If*the*person*who*discharges*a*rearm*is*morethan*50*yards*from*the*vehicle,*the*doors*on*the

side*of*the*vehicle*nearest*the*roadway*must

be*closed,*but*the*engine*may*remain*running.•*If*the*person*who*discharges*a*rearm*is*lessthan*50*yards*from*the*vehicle,*all*of*the*doors

of*the*vehicle*must*be*closed*and*the*engineshall*be*turned*off.•*It*is*NOT*legal*to*shoot*small*game*and

waterfowl*that*takes*ight*from*rights-of-way

over*a*Federal*Refuge*or*Tribal*lands.*If*a

state-licensed*hunter*shoots*at*a*bird*acrossthe*fence*on*either*of*these*lands,*the*hunter

may*be*subject*to*federal*arrest.•*Small*game*and*waterfowl*taken*from*the

rights-of-way*but*falling*onto*private*property

can*be*retrieved*by*unarmed*hunters*on*foot.
 
To sum it up. If the bird gets up within the right of way. Shoot at as long as you want. Whether it's flying over the road right of way or private land. If it takes flight from private land you can only shoot if it flys over the right of way and only while it is over it. And never shoot over refuge or tribal lands.
 
Are you sure they pay tax on the right away? Here in Iowa you own to the middle of the road (gross acres) but you are assessed on the net acres which subtracts out the right-a-way.
 
Learning stuff here. So the landowner owns to the middle of the road? And the Right-of-Way is basically a public easement? Does that make it Public Property? The Hunting Handbook SEEMS to call the right-of-way public land. In the diagram, it calls land outside the right-of-way Private Property. The regs regarding hunting rights-of-way are pretty clear to me. Just trying to understand the reality of it all. Way different than in town, where we're responsible for the "boulevard" & sidewalk, but the property line is typically about a foot inside the sidewalk.
 
From page 38 of the 2018 South Dakota Hunting Handbook:

"...Hunters can take only small game (except mourning doves)and waterfowl within the rights of way on foot. The hunter must be within the rights of way and the game must originate from the rights of way or be flying over the rights of way."

"...Small game and waterfowl taken from the right of way but falling onto private property can be retrieved by unarmed hunters on foot".


That said, I do agree it is a bit vague, and may be purposely written that way. It is clear that the intent is that you and your dog must be only in the right away when hunting.



"...Hunters can take only small game (except mourning doves)and waterfowl within the rights of way on foot. The hunter must be within the rights of way and the game must originate from the rights of way or be flying over the rights of way."


this leaves it wide open......birds in the ditch, leaving the ditch or flying over the ditch......many scenarios open to question...obviously if your dog gets out of the ditch and puts up a bird in the adjacent field, i would not attempt to take that bird....as he did not originate (at first sight) from the ditch. but i can imagine lots of differing opinions on this, based on some individual scenarios of bird flight and contact........how do you ensure a bird and shot arrive over the ditch at the same moment?........this is crazy.

best case, seems to me, is hunting remote ditches, far away from any houses, livestock or posted areas.....no sense challenging any landowner over the rules by hunting under his nose......use common sense.
 
The way it actually works is if you walk the ditch and a bird gets up within shotgun range it is likely to get shot at and the dog will quite likely be what got it up. it is tough to enforce.
 
As for ownership,Not true. I am a land owner and I do not own my ditch. I do not pay tax on the easment, nor does hardly anyone. County roads are county property. Township roads are fair game as well if they are not paying the tax, which most dont. Land owners do not own to the center of all roads LOL. That is a myth
 
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