HELP! I Was Charged With Hunting on Posted Land.

Contributor: Adam Justinger

Introduction

Every fall, North Dakota’s open prairies draw hunters from across the country. But many don’t realize that North Dakota’s land access laws are unique, and a simple misunderstanding can lead to criminal charges for hunting on posted land or trespassing. In North Dakota, hunters may enter unposted land to hunt, without first obtaining permission from the landowner or tenant. However, once land is posted, either physically or electronically, hunters must first obtain permission from the landowner or lessee with hunting rights. Like most things, there are limitations to some of these laws. For example, if there are unharvested crops in the field, permission is required regardless of whether the land is posted. But even this has exceptions. Before hitting the field, make sure you read up on all of the regulations surrounding posted land in North Dakota.

Even though unposted land is generally open for hunting, it’s often best practice to reach out to the landowner or tenant before entering. Many landowners appreciate being asked, and a quick conversation can help avoid confusion, conflict, or unintended trespassing issues. A little courtesy can go a long way. This is especially important when that courtesy might prevent a criminal charge later.

Posting

Prior to August 1, 2021, land was either unposted or physically posted with some sort of signage. The specific requirements of the signage are provided by North Dakota law. However, on August 1, 2021, a new law took effect that allowed landowners to electronically post their land. Hunters now have to check for both physical posted signs and if the property is electronically posted. To determine if a property is electronically posted, hunters can utilize an app such as OnX or the North Dakota Game and Fish Hunting Atlas.

Hunting on Posted Land

Under North Dakota law, no person may hunt or pursue game, or enter for those purposes, upon legally posted land belonging to another without first obtaining the permission of the person legally entitled to grant the same. If a person hunts on posted land without permission, they are guilty of a class B misdemeanor for the first offense. The maximum penalty for a class B misdemeanor is 30 days in jail and a maximum fine of $1,500. If someone commits a subsequent offense within a two year period, they are guilty of a class A misdemeanor. A class A misdemeanor has a maximum penalty of 360 days imprisonment and a maximum fine of $3,000.

Further, if an individual is convicted of hunting on posted land without permission, the court shall suspend the defendant’s hunting, fishing, and trapping privileges for a period of at least one year, two years for the second conviction, and three years for the third or subsequent conviction. Additionally, North Dakota is a part of the Interstate Wildlife Violator Compact. As such, all participating states may recognize the suspension of license privileges of any person by any participating state as though the violation resulting in the suspension had occurred in their state and could have been the basis for suspension of license privileges in their state.

In Conclusion

Before you take the field this year, make sure you understand North Dakota’s posting laws. If you don’t, there can be serious consequences. If you are facing a hunting on posted land charge in North Dakota, it is important to have an experienced attorney in this area of the law to assist you. For help with game and fish charges in North Dakota please contact SW&L Attorneys at 701-297-2890. For future articles, check out our blog. This article is for informational purposes only and is subject to our disclaimer.