Posting Land
The Code of Virginia articulates guidelines for landowners that wish to mark their proper t y. Understandably, many landowners have concer ns around privacy, safety and liability that lead them to post their property and prohibit hunting. Your columnist encourages landowners to allow hunting. Granting hunting rights to a specific person(s) and setting specific guidelines can provide a landowner with a partner in stewardship and a helpful set of eyes to secure their property.
Hunters are reminded that it is unlawful to hunt on private property without the permission of the landowner whether it is posted or not. Hunters must also have the permission of the landowner to track or retrieve wounded game on private property onto which the animal has wandered.
The only difference between posted and unposted land is the penalties for those caught hunting without permission. Hunting on any unposted property without permission of the landowner is punishable by a fine of up to $500. Hunting without written permission of the landowner on posted land is punishable by a fine of up to $2,500 and/or 12 months in jail.
A landowner may post their property by any of the following methods: Using aluminum (silver) or purple color paint, paint a vertical line at least 2 inches in width and at least 8 inches in length, no less than 3 feet and not more than 6 feet above ground level or normal water level and visible when approaching their property. Or, placing signs that specifically prohibit hunting, fishing, or trespassing on their property.
For landowners, finding responsible hunters can provide many benefits for both the landowner and sportsmen allowed access to the property. Depending on the size and location of the property, hunters granted hunting privileges often provide in-kind benefits such as road maintenance, habitat improvement, security, and safety. Hunt clubs can be a helpful way to identify and control hunter access and lease fees can offset property taxes. Information on locating responsible hunters can be found by sportsmen’s conservation organizations, a number of which are dedicated, reputable partners with Department of Wildlife Resources in promoting safety, ethical practices, habitat improvement, and scientific management of wildlife.
Concern about legal liability for recreationists prevents some landowners from permitting hunting on their property. However, the Virginia General Assembly has addressed this concern in Virginia Code Section 29.1-509.
The landowner should discuss insuring their property against liability with their insurance provider regardless of their decision to post and/ or allow hunting, fishing, or trapping. General liability coverage is often a relatively inexpensive in proportion to the value of the insured’s assets.
Fundamentally, sportsmen are responsible for their own safety and for any damages they cause to the property of others. Individual permission cards can be a good tool to facilitate communication, identity of hunters with permission to hunt, and can articulate codes of ethical conduct set by the landowner while the cardholders are on the property.
Landowners can require sportsmen to show proof of insurance. Sportsman insurance is available through insurance companies and national sportsman organizations. Most of the content of this column was pulled directly from the Virginia Department of Wildlife Resources webpage where people can access information on a wide range of wildlife information specific to Virginia.
