Hunting from the road?

[madplotter]

So we just bought both sides of the road so I have a question. The DNR says you cannot discharge a gun from a road or shoulder.

Do they consider the ditches private property?
Can you walk down the road with a loaded gun? I assume you can.
Since I own both sides, I would assume they have no business standing there.

Just some questions for the coming onslaught of 2nd season...

 

[arm]

My favorite are the guys that drive up and down the roads, turn around in field drives, slow down when they see a deer and speed away if they see someone. All dressed in orange, likely with loaded guns in their laps and full intention of going after something on private property. Just gives Shotgun season a terrible reputation

 

[Wapsi Tree Rat]

From the IDNR playbook

You cannot shoot any rifle on or over any of the public highways or waters of the state or any railroad right-of-way. You cannot discharge a shotgun shooting a slug, pistol or revolver on or over a public roadway. Aditionly, no person shall discharge a rifle, including a muzzleloading rifle or musket, or a handgun from a highway; or discharge a shotgun shooting slugs from a highway north of U.S. Highway 30, while deer hunting. “Roadway” means the portion of the highway improved, designed or ordinarily used for vehicular travel, including the shoulder. “Highway” means the entire width between property lines, from fenceline to fenceline (includes the ditches).

Looks like south of Hwy 30 ditch hunting is legal

 

[madplotter]

From the IDNR playbook

You cannot shoot any rifle on or over any of the public highways or waters of the state or any railroad right-of-way. You cannot discharge a shotgun shooting a slug, pistol or revolver on or over a public roadway. Aditionly, no person shall discharge a rifle, including a muzzleloading rifle or musket, or a handgun from a highway; or discharge a shotgun shooting slugs from a highway north of U.S. Highway 30, while deer hunting. “Roadway” means the portion of the highway improved, designed or ordinarily used for vehicular travel, including the shoulder. “Highway” means the entire width between property lines, from fenceline to fenceline (includes the ditches).

Looks like south of Hwy 30 ditch hunting is legal

That's the part I do not understand. I get that highway is fence to fence but then south of US 30? What the heck?

 

[LYON]

The south of hwy 30 thing has been discussed on here before. If I remember correctly, the verdict is that nobody knows why. LOL. My thought has always been that, in general, south of 30 has more hills and wooded areas than north of 30. There are many areas north of 30 where shooting from a ditch could put you in a rather elevated location above very flat ground. Maybe it's a safety thing? I don't really know, that's just been my thought.

 

[madplotter]

The south of hwy 30 thing has been discussed on here before. If I remember correctly, the verdict is that nobody knows why. LOL. My thought has always been that, in general, south of 30 has more hills and wooded areas than north of 30. There are many areas north of 30 where shooting from a ditch could put you in a rather elevated location above very flat ground. Maybe it's a safety thing? I don't really know, that's just been my thought.

That could be.

So, just so I understand what I don't understand what I thought I knew before and after I read the book...They (shotgun hunters) could hunt ditches even though I own both sides of the road?

 

[Wapsi Tree Rat]

Since I own both sides, I would assume they have no business standing there.

I'm guessing you're not too keen on slugs flying around your property....here ya go...get a couple "scare crows", dress them in orange, put them in the ditch, and give them your old BB guns in hand. Park your oldest pickup truck on the road 50 yds away and that should do the trick.

 

[LYON]

That could be.

So, just so I understand what I don't understand what I thought I knew before and after I read the book...They (shotgun hunters) could hunt ditches even though I own both sides of the road?

South of Highway 30, yes. The way I read it....

 

[Bone Slayer]

I remember hearing earlier in the year you must be across the fence of the highway/road and ditch. However, if there is no fence you must be 15 yards or feet from the road I can't exactly remember but I would guess yards.

 

[madplotter]

I'm guessing you're not too keen on slugs flying around your property....here's ya go...get a couple "scare crows", dress them in orange, put them in the ditch, and give them your old BB guns in hand. Park your oldest pickup truck on the road 50 yds away and that should do the trick.

Heck of an idea

 

[arm]

Maybe I'm not following this. I can go to any farm below said division and hunt in the ditch? Set up a blind, wait for deer to cross the road and shoot it in when it's in the ditch? whatever

 

[Wapsi Tree Rat]

Maybe I'm not following this. I can go to any farm below said division and hunt in the ditch? Set up a blind, wait for deer to cross the road and shoot it in when it's in the ditch? whatever

I was a bit baffled too so I did find it in another source very clearly spelled out. Here's the link• https://www.legis.iowa.gov/docs/publications/LG/14972.pdf

on page 9

No shooting a shotgun shooting slugs, a pistol, or a revolver on or over a public roadway. “Roadway” means the traveled portion of the road and the shoulders ordinarily used for vehicular traffic as defined in Code Section 321.1(65), but does not include the ditches. It is permissible to shoot a shotgun with bird shot on or over the roadway or from a ditch. It is also permissible to shoot a shotgun shooting slugs from a road ditch down the road ditch or into an adjacent field, but not from the traveled portion of the road or from the shoulder.

 

[Iowa_Buckeye]

The 'ditch' is not private property. I think it is defined as 33 feet from the center of the road or something like that. It is the public right of way and you can hunt/trap the right of way (also called ROW, especially in trappers language) as long as you follow the specific laws spelled out for it. Many folks hunt ditches for pheasant and such. I really doubt many do it for deer......
ROW trapping is really popular for road trappers. Can pile up a lot of fur under the bridges and culvert that go under the road. Not much walking required.

 

[Bone Slayer]

The 'ditch' is not private property. I think it is defined as 33 feet from the center of the road or something like that. It is the public right of way and you can hunt/trap the right of way (also called ROW, especially in trappers language) as long as you follow the specific laws spelled out for it. Many folks hunt ditches for pheasant and such. I really doubt many do it for deer......
ROW trapping is really popular for road trappers. Can pile up a lot of fur under the bridges and culvert that go under the road. Not much walking required.

The difference is you can road hunt or trap using bird shot, but hunting with slugs is a difference situation.

 

[Iowa_Buckeye]

Yea some laws are goofy.
And I really doubt many take advantage of setting up in a ditch to hunt deer, even if legal in their particular area.
But aren't outrageous hypothetical situations just so much fun to discuss and get worked up about!
It is still illegal for anyone to shoot at something over the fence (on private).

 

[arm]

But aren't outrageous hypothetical situations just so much fun to discuss and get worked up about!

Haha. yep! post just came at the exact time where some guys like to circle around the roads like vultures. I know I'm not the only one

 

[Wapsi Tree Rat]

It is still illegal for anyone to shoot at something over the fence (on private).

Not to beat this to death.... I get it that a shot with a slug from a roadway ditch onto private land is a legal shot. That wording just HAS to assume permission , right? Are you saying just anyone can legally shoot a deer in my front yard as long as he's standing in the ditch? My house is a good 500 yds from the road so the shot would meet the inhabited building criteria of 200 yds....doesn't seem right.

 

[Iowa_Buckeye]

Yea of course u can do it if u have permission. Doubt u would be standing in the ditch if that was the case though. And having public property off your front yard is no different than having it in your back yard. Say a public hunting area your property borders that meets the legal distance from the regs. Once again I don't think it is something to worry about.

 

[Wapsi Tree Rat]

Yep, agreed. If someone were to pick a deer off my front yard, the only thing to fear is my wife. Heck, I don't even have permission to hunt my front yard!