Hunting Islands

Shockwave

Founding Member
Founding Member
Joined
Sep 20, 2015
Posts
913
Likes
316
Points
248
Location
Bismarck
I was looking on onXmaps and I have a question. If a persons land ownership contains a large area of a lake with some islands and said person has their land posted, are those islands also posted or can you hunt it because it's in the middle of the lake? I know that person technically does not own the water and cannot tell you can't fish the waters from a boat, but how do islands work? The below picture is for a reference.
1708702028700.png
 


espringers

Founding Member
Founding Member
Joined
May 18, 2015
Posts
8,186
Likes
893
Points
428
Location
Devils Lake
well with e-posting, it would certainly cover the shit under water. regular posting? no clue. the rules are pretty clear on regular posters. every 440 yards around the perimeter.
 

Obi-Wan

Founding Member
Founding Member
Joined
May 15, 2015
Posts
7,601
Likes
2,724
Points
678
Location
Bismarck
I was looking on onXmaps and I have a question. If a persons land ownership contains a large area of a lake with some islands and said person has their land posted, are those islands also posted or can you hunt it because it's in the middle of the lake? I know that person technically does not own the water and cannot tell you can't fish the waters from a boat, but how do islands work? The below picture is for a reference.
1708702028700.png
I assume that would depend on the lake. what lake is this ?
 

ndlongshot

Founding Member
Founding Member
Joined
Apr 13, 2015
Posts
1,779
Likes
116
Points
268
accessing water from a public right of way is legal. Water belongs to the state.

I think it becomes illegal when you touch bottom or put out anchor. All the land underneath belongs to the landowner. I think the accessing water from section lines topic came up in SD a few years ago. Not sure how that turned out. Landowners were pissed that guys were accessing lakes in winter for ice fishing.
 


Slappy

★★★★★ Legendary Member
Joined
Mar 9, 2021
Posts
758
Likes
541
Points
253
Location
Bismarck
When in doubt ask permission. Better than finding yourself carrying a firearm where you're not welcome.
 

espringers

Founding Member
Founding Member
Joined
May 18, 2015
Posts
8,186
Likes
893
Points
428
Location
Devils Lake
you can be on shore below the ordinary high water mark on what are known as "navigable" bodies of water in this state. don't get me started on that term. there are some that definitely fall under that term. those that are not on that definitive list are a legal grey area that's worthy of a mid length legal essay. but beaching, hanging out on shore, etc... below the ordinary high water mark is a lot different than hunting.
 
Last edited:

wslayer

Founding Member
Founding Member
Joined
Jul 12, 2015
Posts
2,279
Likes
419
Points
333
@zoops is 100% correct, as soon as you step foot on ground, you are Trespassing. Was in discussion with Game Warden on this topic at Alkaline Lake.
 

Shockwave

Founding Member
Founding Member
Thread starter
Joined
Sep 20, 2015
Posts
913
Likes
316
Points
248
Location
Bismarck
@zoops is 100% correct, as soon as you step foot on ground, you are Trespassing. Was in discussion with Game Warden on this topic at Alkaline Lake.
I guess that makes sense. I just read that I can anchor the boat and shoot from there, so that's always an option.
 

1lessdog

★★★★★ Legendary Member
Joined
Oct 29, 2019
Posts
1,366
Likes
368
Points
253
@zoops is 100% correct, as soon as you step foot on ground, you are Trespassing. Was in discussion with Game Warden on this topic at Alkaline Lake.
We were also, having the discussion with the local Warden at Twin Lake. The land was posted on the west side of the lake. But not on the east side. We were fishing off the road when the Warden showed up. It's a touchy subject, the road was closed to traffic, with the high water. The Warden let us fish. But told us to come in on the east and come in on unposted land. The land owner was a piece of work. My kids were throwing rock in the water and that is what set him off. The biggest rock was maybe the size of a golf ball.


Like I said the landowner was a piece of work. They had a boy everyone called buttworm, and the dad was buttworms dad.
 
Last edited:


zoops

Founding Member
Founding Member
Joined
May 17, 2015
Posts
1,805
Likes
158
Points
278
you can be on shore below the ordinary high water mark on what are known as "navigable" bodies of water in this state. don't get me started on that term. there are some that definitely fall under that term. those that are not on that definitive list are a legal grey area that's worthy of a mid length legal essay. but beaching, hanging out on shore, etc... below the ordinary high water mark is a lot different than hunting.
I've always kind of wondered, aren't there lots of guys that hunt ducks on Devils Lake? I assume most of it is technically private land (presumably posted), how does this work - if they stay in their boat are they ok?
 


SDMF

Founding Member
Founding Member
Joined
Apr 24, 2015
Posts
10,933
Likes
651
Points
438
I guess that makes sense. I just read that I can anchor the boat and shoot from there, so that's always an option.
I'm about 99.998% certain if your anchor touches posted land (even under water), you're trespassing.
 

1bigfokker

Founding Member
Founding Member
Joined
May 15, 2015
Posts
1,223
Likes
168
Points
238
Check out the definition of meandered waters in North Dakota.
 

TRK

New member
Joined
Nov 18, 2016
Posts
15
Likes
0
Points
71
I'm about 99.998% certain if your anchor touches posted land (even under water), you're trespassing.
If this is the case then anchoring while fishing over posted land would be trespassing also?
 

Bauer

Founding Member
Founding Member
Joined
May 17, 2015
Posts
324
Likes
56
Points
162
Location
Garrison ND
I'm about 99.998% certain if your anchor touches posted land (even under water), you're trespassing.
Just like fishing Canadian border waters, you can fish in Ontario waters by accessing via boat, with an Ontario fishing license of course, but the minute you drop a physical anchor that touches mud, you have to have in your possession a remote area border crossing permit as you have now touched Canadian soil. Trolling motor anchors are ok.

Or at least it was that way back in like 2019.
 


Recent Posts

Friends of NDA

Top Posters of the Month

  • This month: 97
  • This month: 94
  • This month: 88
  • This month: 78
  • This month: 76
  • This month: 74
  • This month: 74
  • This month: 67
  • This month: 62
  • This month: 60
Top Bottom