North Dakota or South Dakota?

[koonie]

A couple of friends and I are talking about a duck hunting trip to one of the Dakotas. None of us has been waterfowling there before. I'm wondering mostly about how easy/difficult it is to find land to hunt on. Also looking for opinions on which of the Dakotas to hunt.

[Gordie]

Personal;ly I think SoDak is harder to get permission to hunt on landowner property but I havent been that way for quite soe time. Nodak I have spent a week out their for the last 5 years and only had one bad hunt and it was still good to the standards that we hold around hear. land is not that hard to find and if you want to hunt divers there is alot of big water to be had.

[Finlander]

South Dakota has a limited amount of non resident licenses and if you haven't applied by now I think it's too late to get a license!

[Take 'Em]

South Dakota can be real tough to be on land in the good waterfowl areas of the state. In North Dakota you can hunt private land that is not posted without getting permission. South Dakota you need permission from the landowner no matter what, huge pain during harvest.

[Maxxed Out]

Agreed. Go with Nodak. Getting on Ag land is getting harder every year in Sodak.

[carpshooterdeluxe]

Your group would do just fine with an SD trip if you drew licenses. Sure it takes a little longer to get permission, but its worth it. There are areas of the state that have phenomenal duck numbers and little pressure from waterfowl hunters. The only gun shots these ducks hear are from the orange army out chasing cocks.

[arrow]

You have until July 6th to apply for SD non resident license. I have hunted both states and can tell you its incredibly hard to get access in SD. For sure there are less duck hunters in SD but the access issue is extremely frustrating. Most farmers have learned that hunters will pay for access given their experience with pheasant hunters. It is their land and they can do as they please. Water hunts are possible but field hunts are really tough to do in SD. If you like to field hunt than ND should be your choice. If water hunts are your thing its a flip of the coin. I have had positive experiences in both states and see substantially more waterfowl than here in MN. However, seeing birds and getting access to them are not the same as you will find out in either state, in particular in SD.

[carpshooterdeluxe]

For sure there are less duck hunters in SD but the access issue is extremely frustrating. Most farmers have learned that hunters will pay for access given their experience with pheasant hunters. It is their land and they can do as they please.

Most farmers give you permission in SD. If you don't get permission, 3 things are likely why: "my family hunts", "we rent the land and the renter has the hunting rights, you'll have to ask him", and "such and such already has permission." Arrow, I'm curious as to what part of the state you run into trespass fees for waterfowling? You can pm me if you don't want to broadcast it, but I've been here 10 years and have gotten asked to pay maybe 1 or 2 times, and that was in the golden triangle.

[BoxMN]

I don't know SD, but what I can say is that I think the ND farmers and small town folks we meet and got to be friends with are by far the nicest people I have ever met in my life. "Minnesota Nice" should go to ND to take some lessons on how to truly be "nice"...

[Gordie]

I don't know SD, but what I can say is that I think the ND farmers and small town folks we meet and got to be friends with are by far the nicest people I have ever met in my life. "Minnesota Nice" should go to ND to take some lessons on how to truly be "nice"...

+1

[Gordie]

I don't know SD, but what I can say is that I think the ND farmers and small town folks we meet and got to be friends with are by far the nicest people I have ever met in my life. "Minnesota Nice" should go to ND to take some lessons on how to truly be "nice"...

+1

[fishuhalik]

All i know is in the last couple months that I've been driving around the Williston/Tioga/Stanley area, every pothole and puddle has at least a half-dozen ducks of one kind or another. Being a MN duck hunter, all the pintails, shovelers and cans have me drooling!!! And not to mention all the pheasants, I can't wait for this fall!!!

[arrow]

I have hunted the northeastern part of South Dakota and the north central area of North Dakota without getting too specific. My experience with asking permission in SD is usually its very difficult to find the farmer and most often they say no which again I don't blame them at all. I'm a stranger to them and I'm asking to come onto their property with a weapon. I'm a close to a senior citizen and I hunt with one other person so its not like I'm approaching with a big group or appear inexperienced. I do have out of state license plates of course and I'm sure that has an impact. I want to be sure to note that everyone has been curteous and kind in saying no, usually they say they have a local friend, neighbor, cousin, son, etc who hunts that field or slough. They are more than happy to chat about weather, rain, lake levels, etc which is all good but hunting their land is another story. ND has its posting issues now in certain areas but with their current trespassing laws its just an easier state to hunt for waterfowl do it yourselfers in my opinion.

[Bryce]

Someone correct me if I'm wrong but doesn't nodak trespass law also have the clause of having to leave unposted land at the owners request. Wouldn't that be a kick to the nether regions to be all set up and have to pick up? Permission is the best route.

Also be aware that standing crops are considered posted. Again someone correct me if I'm wrong but winter wheat, which is becoming more prevalent, would put the property off limits.

[Maxxed Out]

I don't have a handbook but I don't believe your first statement is accurate, and would seem to go against the principle of the rule. When hunting snows a couple of years ago we found a feed field that was not posted and we asked the farmer any way because they were right there. They told us they really appreciate us asking and even if they said "no" to us we could hunt it legally anyway. They just asked we tried not to create ruts.

From our experience in Nodak (having hunted out there and having one of my best friends who runs a very large seed company) the farmers there are mainly concerned with protecting cover for deer and pheasant hunting.

I honestly don't know why an out of stater would hunt in Sodak. All you are doing is adding obstacles to your hunt between the out of state license and access to land. Then hunting in either is likely going to be amazing with a little scouting in either state. You just take all the negative variables out of the equation when hunting Nodak.

[BigTen]

If you are asked to leave and dont, you are trespassing.

[brittman]

Maxxed Out is wrong - Big Ten is correct. Landowner can ask you to leave any time they see fit. I know a couple big time ND farmers that chose not to post their land. The area guides know better to hunt the land without permission, because these two farmers do not want guides using their land when they have paying clients - permission or not. They usually run them out if they choose to test it. The labeled trailers are a dead give away.

If you can ask a ND farmer do so. Also keep an eye in the area to see if the farmers equipment is nearby. Many farmers till the land and/or put down anhydrous ammonia in the fall. You do not want to be set up in a field and then see the tractor pull into the field at 8AM.

[Maxxed Out]

http://gf.nd.gov/sites/default/files/regulations/waterfowl/pdf/waterfowl-guide.pdf

Heres a link. It doesn't say anything to support myself or Brittman. It does talk about no hunting winter wheat, alfalfa etc.

I can only speak from my personal experience and talking to a very large farmer (who would know his rights) who told us essentially there is nothing they could do to stop us from hunting because it wasn't posted.

It seems they way the law is interpreted in Nodak that for Ag land you are forgoing the right to be able to dictate who enters your ag land if you do not post it.

If that is the case I have never heard of anyone being asked to leave unposted land by a farmer and I dont' think the person who posed the original question would need to worry about it. If the farmer didn't want people hunting their ag land it will be posted.

[TylerS]

The quick and dirty rule: if it's not posted, hunt it. And if the farmer comes out and tells you to leave, then leave. In the end, the landowner's rights supersede those of the hunter, but when it comes to freelancing, Nodak is a pretty righteous place to try it out. Unless you're totally new to the waterfowling thing or don't feel like putting in all the work of scouting, setting up and tearing down, there is absolutely NO reason to run a guide in N.D.

[Maxxed Out]

there is absolutely NO reason to run a guide in N.D.

Agreed.

In addition if a farmer doesn't want people walking on he's likely to have posted it. This has gotten to be a little nit picky of a discussion which often happens, bottom line the hunt with the least amount of road blocks and most likely access to land is Nodak.

I should also add, the next day we hunted another field across the road that was posted. We asked the farmer and he didn't hesitate at all to give us permission.

To the others point about Sodak, this was not our experience out there at all out there. We ended up paying a farmer $300 for the weekend to use his fields for snows this spring. We were not guiding that weekend and we were not in my truck that has my logo. It just became very evident early that unless we wanted to fork over some cash, which I'm fine with, we weren't going to get access.

[arrow]

That has been my experience as well in South Dakota, if you want to hunt private land be prepared to pay. I always try to ask permission even in ND when its not posted but sometimes it can be a real challenge to find and contact landowner. If I set up and they asked me to leave I would do so whatever the law may say its their private property and I don't want to allienate everyone in the area against hunters. Word travels pretty fast in smaller towns and I believe you would find yourself a very unpopular person likely to be shutout from all but most public of lands.

[BigTen]

Wrong. Look up ND Century Code 12.1-22-03. Item 4.

It states that you are guilty of class B misdemeanor if you remain on the premises of another after being asked to leave by an appropriate person.

Not sure what would give one the impression that the landowner could not ask you to leave his private property unless it was a riparian situation (shoreline, water, etc) as those situations can be more gray.

[Maxxed Out]

http://www.legis.nd.gov/assembly/61-2009/bill-text/JAVP0100.pdf

Well I'm fully engaged in this debate now. You know it's not hunting season and the dvr is empty when I'm googling ND state laws at 9:30 at night. :-)

I googled the century code. The link is above. Here is the section I think you are referring to:

An individual is guilty of a class B misdemeanor if, knowing that that individual is not licensed or privileged to do so, the individual enters or remains in any place as to which notice against trespass is given by actual communication to the actor by the individual in charge of the premises.....

I thought I would get some more clarity on this since they don't talk about land but premises which is usually referred to a structure or building or house. So I googled premises and got this definition

A house or building, together with its land and outbuildings, occupied by a business or considered in an official context

So to me I interpret that as the land that is attached to the particular premises since it says "with it's land" and not "or it's land".

The rest of the statute all refers to the posted land. It never references ag land with no "premises" attached.

So what has all this wasted time proved to me. I would hunt in Nodak and not worry about ND Century Code 12.1-22-03. Item 4. because if a farmer didn't want me to hunt his ag land he would have posted it.

[BigTen]

About all I can say is that if you would actually go to the specific location i told you to go to, you would see that the exact scenario we are talking about is addressed pretty clearly.

Item 4 states:

An individual is guilty of a Class B Misdemeanor if that individual remains upon the property of another after being requested to leave the property by a duly authorized individual. An individual who violates this subsection is guilty of a Class A Misdemeanor for the second or subsequent violation within a 2 year period.

Hopefully this clarifies the issue for you.

[BigTen]

http://www.legis.nd.gov/assembly/61-2009/bill-text/JAVP0100.pdf

Well I'm fully engaged in this debate now. You know it's not hunting season and the dvr is empty when I'm googling ND state laws at 9:30 at night. :-)

I googled the century code. The link is above. Here is the section I think you are referring to:

An individual is guilty of a class B misdemeanor if, knowing that that individual is not licensed or privileged to do so, the individual enters or remains in any place as to which notice against trespass is given by actual communication to the actor by the individual in charge of the premises.....

I thought I would get some more clarity on this since they don't talk about land but premises which is usually referred to a structure or building or house. So I googled premises and got this definition

A house or building, together with its land and outbuildings, occupied by a business or considered in an official context

So to me I interpret that as the land that is attached to the particular premises since it says "with it's land" and not "or it's land".

The rest of the statute all refers to the posted land. It never references ag land with no "premises" attached.

So what has all this wasted time proved to me. I would hunt in Nodak and not worry about ND Century Code 12.1-22-03. Item 4. because if a farmer didn't want me to hunt his ag land he would have posted it.

Here is the correct link.

http://www.legis.nd.gov/cencode/t12-1c22.pdf