Wet Feet?

Discussion in 'North Dakota Flyway Forum' started by SconnieBoy, Oct 17, 2017.

  1. SconnieBoy

    SconnieBoy Refuge Member

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    Hi all, couple questions before heading out to ND on Friday.

    First one, if a lake/pothole/slough does not have access point yet a road is next to it, am I legally able to walk across the ditch to get to the water? And to specify what I mean by ditch, I mean 10-15 yards from the shoulder to the water versus something is 50 yards away in the middle of a field.

    Second question pertaining to water. In Wisconsin the law states that you are legally able hunt where there is water, including areas that may flood during high water. So essentially the law is usually interpreted as long as your boots are wet, you are legal. Does this apply in ND as well or not? This is more for if I find a lake that is holding birds, if I could sit along the shoreline and be okay.

    I am always one to err on the side of caution as I do not want to trespass at all and would rather give up an opportunity to shoot some birds than break the law.
     
  2. KEN

    KEN Moderator Moderator

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    Are you talking about private land or public land. If the pothole is on Private land and posted.....it is posted to the middle of the road. If it is posted on both sides, the entire road is posted. If not posted at all or is public land,you can hunt from the middle of the road on the side that is not posted.
     
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  3. SconnieBoy

    SconnieBoy Refuge Member

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    Thank you for the explanation! I assumed that the public land/not posted would be good but I was looking for clarification on the posted land which you were able to help me out with :tu:tu
     
  4. zoops

    zoops Refuge Member

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    While you'd be better off asking a game warden, I don't believe you can hunt water that is adjacent to private land. Example would be if you docked in legally but then went back and hunted a bay where the land is posted. Since you presumably aren't hunting the middle of the lake and are sitting on the shoreline or standing/lodged in cattails, I thought that I have heard that this would not be allowed per ND's laws - basically that the land under the water is considered posted if the land adjacent to it is. I definitely could be wrong but I thought that I have heard that before. I think it is different on navigable waterways like the Missouri or Red rivers, where you are ok to the high water line regardless if it's posted or not.
    I was actually meaning to ask a similar question after reading that hunting the water on Devils Lake has become popular - most of the lake shore is privately owned (and posted presumably) - has this been as issue at all there?
     
  5. Dean Nelson

    Dean Nelson Moderator Goose Hunting/North Dakota Moderator

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    Generally if your floating your legal no different then fishing. In most cases anything a local would refer to as a pothole instead of a lake you would never find us pulling a maneuver like that on because you're just asking for trouble. For the bigger water it's ordinary high-water mark which is basically wherever grass starts growing. Even if land is posted the road ditch is open to all for travel even if that's a boat although you will find some special cases around Devil's Lake but it's a rule used A TON by ice fishermen during the winter.

    There's lots of laws like this most guys don't seem to know cross over. Hell I could walk down to the river in downtown bismarck throw out some decoys and start shooting geese without breaking a single law..... code of Ethics sure... a few of those but no laws.
     
    Last edited: Oct 18, 2017
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