Need some Clarification

SpellNC9

SpellNC9

Six Pointer
The landowner protection act says "specifically related only to hunting, fishing or trapping on POSTED land"
My son and I have been trapping along a creek for the past 5 weeks or so and yesterday I was met by the HOA vice president "Karen" handing me a letter that says I am not allowed to access the river from the street because it belongs to her HOA. I was given a citation by the game warden and he told me that any land in NC that you hunt on you need Landowner's Written Permission. The HOA wasnt posted, there were ZERO signs! As I'm reading this GS14-159.6 and 159-7 I read it as land that is POSTED. I would have never gone onto land that had posted signs on it....I'm not like that. I honestly thought it was town property,

Can anyone shed light on this for me? Has anyone else been through this?

I have a court date at the end of march.

Thanks guys!
 
7mm-08

7mm-08

Twelve Pointer
DBCooper said:
I agree....but funny isn't the word I'd have used.
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Well, I was trying to be blunt, but not too blunt. I’m amused at how many people think that, but irritated when it happens. Especially when it affects me.

I think I’m going to put that line in my signature with the little beer drinking emoji long with a few links to my Bigfoot hunting club and #3 lives.


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YanceyGreenhorn

YanceyGreenhorn

Still Not a Moderator
woodmoose said:
written permission required

get OnX
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THIS. OnX is a game changer. If something on there isn’t clear to me in black n white, I’m knocking on a door or picking up the phone.

Had landowner ask me to trap beaver prior to trapping season (nuisance beavers On private land). Told me I wasn’t allowed to set on land, had to be in water. Explained to him I couldn’t set them in water due to it being public water. Pulled up OnX and showed him the property boundaries and E regs regarding trapping nuisance beaver. Ended up being a good conversation .OnX has saved my hind end more than once
 

CRC

Old Mossy Horns
Written permission is not required under state law for property that is not posted

It varies by county and locality whether written permission is needed

Purple paint or posted signs.. Its not hard. Under state law. Local laws or ordinances may vary.
 
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creekhobo

creekhobo

Ten Pointer
CRC said:
Written permission is not required under state law for property that is not posted

It varies by county and locality whether written permission is needed

Purple paint or posted signs.. Its not hard. Under state law. Local laws or ordinances may vary.
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He's right. Forsyth County doesn't have a local written permission law.

Local Laws by County: A-H | eRegulations

Some local county-by-county legislation also pertains to hunting, inland fishing and trapping activities in North Carolina. Following is a county-by-county listing of acts that might not violate the general laws and regulations, but that are prohibited by local legislation passed by the General...
www.eregulations.com www.eregulations.com
 
7mm-08

7mm-08

Twelve Pointer
CRC said:
Written permission is not required under state law for property that is not posted

It varies by county and locality whether written permission is needed

Purple paint or posted signs.. Its not hard. Under state law. Local laws or ordinances may vary.
Click to expand...

So you are in the, if it ain’t posted it’s public boat too?


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Loganwayne

Loganwayne

Ten Pointer
7mm-08 said:
It’s always funny to me when people think, “ If it ain’t posted, it’s public”.


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Are there not states that are like that? I seem to remember the hunting public hunting somewhere that butted up to public and they were allowed to hunt on it because it wasn’t posted?


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ellwoodjake

Twelve Pointer
Were you actually trapping on HOA property, or is the river public property? What is the statue # on your citation?
 
7mm-08

7mm-08

Twelve Pointer
We can be blurring so many lines here too. It’s painted as the game warden was wrong. I wasn’t there. I don’t know. But when Karen says you gots’ta leave, you gots’ta leave. You can’t say but, or no. Anything other than yes Mrs. Karen is a ticket.
But again, I wasn’t there. I don’t want to split that hair and be the one that changes case law over that. It’s expensive when you win and expensive when you lose. I’m also not going to court and telling the judge that this guy in NCH&F told me...


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lasttombstone

lasttombstone

Kinder, Gentler LTS
I'm not one of the bashing types and understand how some folks can be confused but the first rule I learned back home was, if it ain't yours, keep off till someone the owner tells you it's OK. Back then we didn't even know there was anything such as public land.
 
Tipmoose

Tipmoose

Administrator
Staff member
Contributor
7mm-08 said:
And there lies the problem. I’m not going to tell people that just because a thing is legal, it’s ok to do.


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If its legal I don't see how you can stop anyone. If its not legal, then you just answered your own question.
 
lasttombstone

lasttombstone

Kinder, Gentler LTS
After reviewing the regs, were you crossing the HOA property to access your trapping area? Without permission from the landowner that would be trespassing. Just saying. What is the status of the waterway? Is it navigable or does it come under the "property line is the centerline of the waterway" rule? Seems to be a few questions you may not have found the answer to prior to setting. Hope you can get it worked out without it costing you too awfully much.
 
ncscrubmaster

ncscrubmaster

Twelve Pointer
Contributor
I deal with those Karen types all the time. She was just probably laying and waiting to pounce on you like a fat girl hits a buffet. It wasn’t that what you were doing really mattered to anyone it’s just her flexing her muscles (the ones at her jaw line). I don’t know of a law Forsyth County has on the books about that. I believe you can beat it. The game warden should know the law. It would be interesting to see if they know each other. I have some property over in the city. I can’t hunt it because of there stupid rules. I asked a game warden one time if I could hunt it. He said knock yourself out the wildlife commission is not going to enforce the city rules. He said now WSPD may feel different about it.
 
bwfarms

bwfarms

Old Mossy Horns
Loganwayne said:
Are there not states that are like that? I seem to remember the hunting public hunting somewhere that butted up to public and they were allowed to hunt on it because it wasn’t posted?


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nccatfisher said:
Yes, South Dakota for one.
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Pertaining to South Dakota, not entirely. Read up on the Water Compromise of meanderings and nonmeandering waterways. If flooded crop land is not posted then you can ride your boat or wade over it. If it’s posted then you cannot.

Now Walk Ins there might be some confusion. Walk Ins are private land that are used in daily agriculture practices leased by GFP. They are not always posted but you can access these blocks without obtaining permission. Many times they do buffer state owned game land but you need to refer to the game land maps which are pretty easy to read. Respect the boundaries.

However, I believe it was North Dakota that is the one that allowed anyone to hunt non posted land.
 
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