Road hunting etiquette. Land owner and Hunter

Land Owner in SD

As a land owner in South Dakota I have to say that there are more bad (Law Breaking) hunters than law abiding hunters that road hunt. Probably because they get caught up in the excitement of the hunt or don't read and abide by the regulation in the front of our hunting regulation book (available where you get your license). Most of my land is surrounded by county or township roads so road hunting is a constant. If the road hunter would abide by the law and only shoot at the birds while in the right of way (fence row to fence row) instead of shooting pheasants that originate on private property and stays on private property and then the hunter crosses onto the property with his gun to retrieve the bird and then engages the birds that flush while he is doing so. Or the birds originate in the right of way and fly on to private property where the hunter shoots it (also illegal). More often than not the hunters and it doesn't matter if they are local or out of state break the law while road hunting. Landowners own the land to the center of the road and pay taxes on it even though it is a right of way. I do not have my land in the Ag program so I do not receive subsidies. If I see someone walking ditches along my property I will stop and watch at a distance but will not interfere unless he/she violates the law. Land owners are constantly dealing with hunters trespassing to hunt habitat close to the road because it is easy, so after a while it is tiring keeping the law breaking hunters out. Another area is those that road hunt and discharges their guns close to farms steads or feedlots that cause a threat to my property and family. Also road hunting does not apply to large game (deer or turkey) but is violated more during those seasons. I get upset because my family spends a lot of money for habitat on our property only to have more than a few bad apples come along and wreck it or take advantage of it. I would say if you are road hunting and within the law you have nothing to fear other than an upset farmer every once in a while yelling at you, then yell back if you are lawful. RLH
 
Redleg,
Thanks for your reply and input as a reasonable landowner asking for reasonable ,respectful and lawful hunters around your property.
 
Response

I don't want to sound like the land owners quoted in the thread, but after a bushel of bad apples breaking the law, sometimes we are short fused. Also to press charges for hunting trespassing which is different than criminal trespassing laws in SD. To press charges I have to file with the Game Warden with proof and then he must contact the alleged violator and the evidence goes to the DA where they decide to prosecute or not. I haven't checked lately but the fine if convicted is minimal. Fortunately only trees and no trespassing signs has been the victim of shooting too close to the farmstead. One year I had a hunter chasing deer with a truck drive right through the farmstead and into our field then through a fence. It was crazy and I didn't catch him, but those are few and far between. RLH
 
Road hunting

I always do the best I can about asking when I ditch hunt, and don't bother with ditches around cattle. I always ditch hunt alone though, never in a group. Good to get the truck off the road, too. I've never been out there during the first month of the season so I don't know what's its like. To be honest I seldom see another hunter when I'm out there, especially in December. I've had a couple of times when I ask about the ditches, folks have other land that they let me hunt. A days limit for me is talking to three farmers and bagging three birds. I've had some success in the ditches. To me it's not much different than hunting private land, just dustier. Haha
 
After my first trip to SD this past season, I have to say that the great state of South Dakota does offer the out of state/non land owning hunter an awesome opportunity with the road hunting program. Two of us hunted first week of Nov. ,3 days, and had a great time. I always parked as far off the road as I could, and a few times that wasn't enough, with the combines, but instead of the nasty looks I was kind of expecting, we always got a wave. We never cleaned a bird roadside and picked up as many empties as we could find.
We saw plenty of good looking spots/birds, within the 660' safety zone signs and just passed them by. We did have two encounters with local owners though, both negative. First was we were sitting on the tailgate, with a bird, eating lunch, parked on the unimproved side of a county gravel and unimproved road intersection. These two guys had passed us earlier when we were walking a ditch, they were pulling corn, when they came back by they stopped and asked if we could move the truck because they were closing the road off to put cattle out. No big deal, although I didn't know they could just "close the road", then one says "This is private property, I only charge $200 a day to hunt though". My buddy and I just looked at each other, then back at them without saying a word. After realizing we're not falling for it, he just shrugged his shoulders and drove off.
I wonder how much they've made from people who didn't know those guys were full of it.

Second encounter was in the last 15 minutes of shooting time. We were walking a ditch, I shot a bird and was close to the truck. I notice a truck driving real slow past my friend, then stopped. Truck goes past me and when my friend gets to my truck I ask what that was all about. He said some old guy said he owns all the fields on the other side of the fence and said we better not be shooting towards his field. There were no safety zone signs, building, cattle, etc., and the old guy had just watched me shoot a bird over his field. He didn't say anything to me, the guy who shot towards his field, he says something to my friend, who hadn't even shot.
We get in the truck and go on down the road. This old guy follows us, I stop, he stops, always staying 50 yards behind us. We go, he goes. Little did he know he was following two guys that had nothing but time to kill. We must've drug this old guy along for miles before he gave up.
The old guy I get, ornery old man, but the first two, just a couple of A-holes trying to take advantage of the out of staters.
 
Road hunting

I'm pretty sure that the law states that the shot must be taken within the "envelope of the right of way" meaning no shots past/over the fence line. That's a tall order, I know. You can retrieve the bird as long as you stow your weapon in the right of way. I usually can get my dog to get it if she's in a good mood. If a farmer wants me out I just leave. No reason to escalate those situations. Completely takes the fun out of it. There are so many miles of ditch out there that it makes no difference.
 
Just to clear this up. If the bird take flight from the ditch you can shoot until it either falls or is out of range. It does not matter if it is flying over private land if it originated in public land or a road. If it takes flight from private land you can only shoot at it while it is over public land or a road.
 
Road hunting

I was in central SD in late November 2014. We were driving to view some cover in a field to determine how to hunt (we had permission). A truck with some hunters stopped us and asked if we knew any areas to road hunt. There was no cover in the ditches here so I gave them directions to where there had been cover in the ditch in the past. The fellows were from Nebraska, came all the way north to road hunt, and had their main dog run over and killed by a truck...which didn't stop.

Be careful! Stay off the main roads! Truckers really move and don't want to bother with dogs.
 
Thanks

Thanks for clearing that up for me. I've passed on a number of birds over private land. That takes a little pressure off. Not sure why I was confused on that.
 
Main roads

That's my worst nightmare. I always try and hunt ditches in what I feel is the middle of nowhere, and make sure the collar works and the dog stays close. I'm always alone so good to be on the look out for traffic all the time. I know it's much more relaxing to hunt a tract, but it takes some flexibility to find the birds.
 
Right of way

I talked to a warden about the right of way issue with regard to pheasants, and he said that five years ago the rule regarding the shooting of birds in the right a way was changed to include birds that venture over private land as legal targets. He also said that birds that originate from private property and fly over the right of way are not legal targets, but that there wasn't an attorney in the state that would take that case. I started out there about six or seven years ago, and need to do a better job with keeping up on those kinds of rule tweaks.
 
This is out of the 2015 SD Hunting Regulation.
See the sentence about the bird must originate from the right of way or is in the right of way to engage, it doesn't say you can shoot over private property.
Hunting on Public Road Rights-of-Way
Laws and rules governing trespass and motor vehicles are complex. The laws may be simplified if the hunter remembers
to hunt only on foot during established seasons, to ask permission to enter private land and not to drive on state and
federal lands. It is also advisable to restrict vehicular travel in wet weather when roads, trails, rangeland and cropland
could be damaged and in dry conditions when fire danger is high.
ATTENTION DOG OWNERS: Hunters who hunt road rights-of-way should understand they must
maintain control of their hunting dogs at all times. Dog owners who allow their animals to remain
on private property without landowner permission for the purpose of flushing game birds may
be subject to trespassing charges. Dogs may be used in the unarmed retrieval of lawfully taken
waterfowl and small game birds from private property. However, under no circumstances may
dogs be used to intentionally flush birds from private property to hunters in the road rights-of-way.
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). However, no person, except the adjoining landowner or any person receiving
written permission from the adjoining landowner, 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. Neither the person discharging a firearm at small
game nor the small game being shot at may be within the 660-foot safety zone.
The rights-of-way along a section line or other highway are open for hunting if:
1. The rights-of-way have been commonly used by the public for vehicular travel, as demonstrated by
the existence of a well-worn vehicle trail.
2. An intentional alteration or adaptation has been made to the rights-of-way to enhance the natural
terrain?s utility for vehicular travel or to permit vehicular travel where it was not possible before.
NOTE: Fences are sometimes not on a rights-of-way boundary and sometimes there is no fence.
Most section line rights-of-way are 66 feet wide. Some acquired rights-of-way are wider.
?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 have taken flight from within or
be flying over the 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 firearm is more than 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 firearm is less than 50 yards from the vehicle, all of the doors of the
vehicle must be closed and the engine shall be turned off.
? It is NOT legal to shoot small game and waterfowl that takes flight from rights-of-way over a Federal
Refuge or Tribal lands. If a state-licensed hunter shoots at a bird across the 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.
? No person may discharge a firearm, muzzleloader, crossbow or bow and arrow at any big game
animal, except turkey to be taken with a shotgun using shot shells or with a bow and arrow, from within
the rights-of-way of an improved public or.
? A person may not discharge a firearm or other weapon across or from any Black Hills National Forest
system road.
? Any person who, while hunting road rights-of-way, negligently endangers another person or puts that
person in fear of imminent serious bodily harm, is guilty of a Class 1 misdemeanor.
2015 GENERAL LAWS
 
Right of way

Yes, that's the same information that I have read. It does not come out and clearly say the bird over the fence line is legal, so it's confusing. I'm hoping my new Browning A5 Sweet 16 at 5 3/4 lbs will be so quick to the shoulder that it won't allow the birds to leave the right of way airspace. Haha, we'll see. The warden said it's a rule that is impossible to enforce, that's why they changed the interpretation. I'd have a hard time totally giving up the ditches, especially as I get older.
 
Ditch Hunting

Yes, you are correct it is vague and can be interpreted both ways. I encourage road hunting and it provides the non land owners an opportunity and a reason to return to hunt SD. The sweet 16 just needs to be loaded and the gun will do all of the work for you. Good Luck.
RLH
 
Key word there being or. Therefore if it originates from the ditch you can shoot until it is out of range. Over public or private doesn't matter. It does not say originate and be flying over the ditch.
 
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The state gave the public 40 yards of private property around the outside of most of the sections in pheasant country. It is difficult to enforce any law about road hunting, and it is up to the landowner defend his property.
 
Disagree

This discussion just proves why there is tension between some land owners and hunters. I disagree that you can shoot at the bird if it is over private property no matter where it originated from. The sentence before the quoted states: "Hunters can take only small game (except mourning doves) and waterfowl within the rights-of-way on foot." This is where it states within the right of way. RLH
 
Big Rand, you need to read it again: it clearly states "and the game must have taken flight from within or be flying over the rights-of-way." RLH
 
It doesn't say taken flight and be flying over right of way though . It says or. Therefore if it takes flight from the right of way it can be shot at over the right of way or private. If it were written that you may only shoot at a pheasant while it was over the right of way, why put that if it originates there that you can shoot it. Couldn't you just put that the only time you are allowed to shoot at a pheasant is when it is over the right of way, whether it originated from the right of way or not? Just saying, I've asked the game department guys when they check my license every year and also at the sportsmen shows I've asked a couple of times and that's what I get told. It's a mute point for me anyways since I don't road hunt. I know enough public land and am a healthy individual so I prefer to walk with my dog. Also afraid of getting her cut on fences and other things lying in ditches.
 
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