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). Only
the owner of the occupied dwelling, church, or
schoolhouse; the owner of livestock; or a person
who has written permission from the owner of the
occupied dwelling, church, or schoolhouse, or the
owner of the livestock 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. No other
person may discharge a firearm at small game
within the safety zone.
The rights-of-way along a section line or
other highway are open for hunting if:
• 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.
• 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-ofway 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
originate from the road rights-of-way 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 highway.
• 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-ofway, negligently endangers another person
or puts that person in fear of imminent
serious bodily harm, is guilty of a Class 1
misdemeanor.
Last edited by battue; 08/26/20.
