Accessing BLM and State Land - Whats Legal??

There is a 2000 acre parcel of BLM land that back up to a road near where we hunt. There is also an 8700 acre parcel of state land that backs up to one area that we hunt. These areas are shown on the onX overlay for the state.

So my question is.....

How do I go about finding out if it is legal to access the land or if it is leased and closed to hunting? I'm new at this and am trying to learn how to find these answers.

The last thing I want to do is go into an area and get a trespassing fine.....

What state? The rules depend on the state.

Wyoming

If the road you're on is public you should be good to go to access it.

I don't understand the problem. The BLM has access from the road - so you have access. The state ground contacts ground that you already have access too, so you have access. I must be missing something. If it is state land or BLM land in Wyoming, you can hunt it.

BrentD said:

I don't understand the problem. The BLM has access from the road - so you have access. The state ground contacts ground that you already have access too, so you have access. I must be missing something. If it is state land or BLM land in Wyoming, you can hunt it.

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This is what I'm trying to clear up... if I can get to it via road I can hunt anything labeled "state land" or "BLM" land without the fear of trespassing.

I wasn't sure if there were some that were off limits or not per state rules/regulations

Four22 said:

This is what I'm trying to clear up... if I can get to it via road I can hunt anything labeled "state land" or "BLM" land without the fear of trespassing.

I wasn't sure if there were some that were off limits or not per state rules/regulations

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Yes, so long as it's a public road. Some landowners may try to buffalo you by saying they lease the state land, but that's not for hunting rights.

Also, if that state land or BLM is enrolled in an HMA, you should have the HMA permission slip.

BrentD said:

. If it is state land or BLM land in Wyoming, you can hunt it.

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Not exactly. If it's cultivated state land you can't hunt. And some state land is included in some of the public access areas that have to be drawn for access.

Broom Creek HMA is a good example of a place where you can't hunt BLM or state ground even though you can access it by road, there are plenty of others. Best to check the HMA map to see what's included.

https://wgfd.wyo.gov/public-access/hunter-management-areas/Broom-Creek

The "which state" question is very germane. In CO, the majority of state land is not open to public hunting (those lands that are open can be verified on the CPW website). Even in WY, in which the majority of state land is open to hunting, it isn't an absolute rule. For example, state land leased for the purpose of cultivated crop land (https://wgfd.wyo.gov/News/Know-the-rules-on-state-land-use) isn't open to public hunting. If you have a question on a specific area, it never hurts to call the appropriate agency and get a verified answer.

PrairieHunter said:

Not exactly. If it's cultivated state land you can't hunt.

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Under what Statute would you be cited in that scenario?

I have no idea what statute it is under, just that I found it on the state land board website and figure it isn't worth messing with. Here is the link I referenced http://lands.wyo.gov/resources/recreation and the verbiage from the "Hunting and Fishing" section: "The Board of Land Commissioners extends to the public the privilege of hunting and fishing on legally accessible state lands, unless otherwise closed by direction of the Board, on its own motion or upon request of the surface lessee. This privilege does not extend to lands classified and used as cultivated cropland."
Again, not sure who the enforcement agency is on this one, or what mechanism the fine/punishment would come from, but I wouldn't mess around with cultivated state land based on that excerpt from the land board. Buzz, if their website is inaccurate, could you please share the pertinent details? There are a few pivots on state land I have in mind for this weekend chasing speedgoats. The current plan is to catch them moving off into rougher BLM ground, but hunting them on the pivot itself would be nice to have as an option. Thanks!

When issued a citation, isn't it required that a statute is cited that you violated?

If its illegal, there has to be a statute making it so.

BuzzH said:

When issued a citation, isn't it required that a statute is cited that you violated?

If its illegal, there has to be a statute making it so.

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Wouldn't trespassing be the statute? You are on land where the owner (State of WY) has declared is not open for hunting. A landowner in WY does not need to post signs, correct? The burden is on the potential trespasser to know where the property lines are, correct? And, the burden on the hunter to know if they are allowed to hunt on property? As an example, if state land is within a city limit or next to a prison then might not be open for hunting.

BuzzH said:

Under what Statute would you be cited in that scenario?

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Buzz,

Just going by what I read on the game and fish web site. I wish it was open as I know some great hunting on state land that is cultivated, but only the outfitter who leases that land hunts it. If you have something you would like to add feel free.
This is the explanation I was referring to.
https://wgfd.wyo.gov/Ask-Game-and-Fish/Dustin,-what-is-state-land-and-is-it-legal-to-hunt

There are many different types of state land; some are state parks, others are managed by the Wyoming Military Department and Game and Fish manages some land as well, but the vast majority is considered State Trust Land or more commonly known as state land. These state lands are held in trust and managed by the State Board of Land Commissioners (Board) and the Office of State Lands and Investments (OSLI) to produce income to support public schools and other State institutions. State lands are designated in blue on Bureau of Land Management land status maps.

The State Board of Land Commissioners extends the privilege of hunting and fishing on legally accessible State Trust Lands to the public, unless otherwise closed by direction of the Board. The regulations controlling public use of state lands are simple:

First, the lands must be legally accessible. Anyone crossing private land to reach state land must have the permission of the private landowner. Many of Wyoming’s state land parcels are intermingled with, surrounded by, or fenced in with private land and are indistinguishable from private land. The responsibility of knowing whether you are on private or state land is YOURS. The private landowner has no obligation to grant such permission.

Second, off-road vehicle use, overnight camping, and open fires are prohibited on state lands. All motorized vehicles must remain on established roads, and there can be complete road closures for vehicles. Activities that would damage state lands, roads, improvements, or lessee property interests are prohibited.

Finally, cultivated croplands are not open to hunting.

Buzz,

I believe the statute being violated could be 36-2-107(b)(vi). Rules have the force of law, as long as the authority to promulgate rules exists. I think defending corner-crossing in a WY court would be a walk in the park. Not this.

LopeHunter said:

Wouldn't trespassing be the statute? You are on land where the owner (State of WY) has declared is not open for hunting. A landowner in WY does not need to post signs, correct? The burden is on the potential trespasser to know where the property lines are, correct? And, the burden on the hunter to know if they are allowed to hunt on property? As an example, if state land is within a city limit or next to a prison then might not be open for hunting.

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Trespassing on State Land?

OK...

jtm307 said:

Buzz,

I believe the statute being violated could be 36-2-107(b)(vi). Rules have the force of law, as long as the authority to promulgate rules exists. I think defending corner-crossing in a WY court would be a walk in the park. Not this.

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Not my interpretation, or that of some in the LE division that I've talked to.

Four22,

As long as there is a public road and you don't have to cross private land, you should be fine. I haven't checked all state parcels, but on the ones I have, OnX maps has been accurate. So check the state land restrictions layer. To be absolutely sure there aren't any restrictions you can check with the State lands website to see if that particular parcel in question has any restrictions. Start here: http://lands.wyo.gov/resources/restrictions.

PrairieHunter said:

Buzz,

Just going by what I read on the game and fish web site. I wish it was open as I know some great hunting on state land that is cultivated, but only the outfitter who leases that land hunts it. If you have something you would like to add feel free.
This is the explanation I was referring to.
https://wgfd.wyo.gov/Ask-Game-and-Fish/Dustin,-what-is-state-land-and-is-it-legal-to-hunt

There are many different types of state land; some are state parks, others are managed by the Wyoming Military Department and Game and Fish manages some land as well, but the vast majority is considered State Trust Land or more commonly known as state land. These state lands are held in trust and managed by the State Board of Land Commissioners (Board) and the Office of State Lands and Investments (OSLI) to produce income to support public schools and other State institutions. State lands are designated in blue on Bureau of Land Management land status maps.

The State Board of Land Commissioners extends the privilege of hunting and fishing on legally accessible State Trust Lands to the public, unless otherwise closed by direction of the Board. The regulations controlling public use of state lands are simple:

First, the lands must be legally accessible. Anyone crossing private land to reach state land must have the permission of the private landowner. Many of Wyoming’s state land parcels are intermingled with, surrounded by, or fenced in with private land and are indistinguishable from private land. The responsibility of knowing whether you are on private or state land is YOURS. The private landowner has no obligation to grant such permission.

Second, off-road vehicle use, overnight camping, and open fires are prohibited on state lands. All motorized vehicles must remain on established roads, and there can be complete road closures for vehicles. Activities that would damage state lands, roads, improvements, or lessee property interests are prohibited.

Finally, cultivated croplands are not open to hunting.

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An outfitter cant lease cultivated state lands under the land board rules...matter of a fact, under the rules, the lessee cant hunt it either, or give permission to hunt it.

But, again, what statute is being violated if they do?

I'm not a lawyer, but my thought on it is this: To be convicted of violation, yes, the act in question needs to violate a statute on the books as determined by a legal body (jury or judge). However, the issuance of the citation can be based on whatever the LEO thinks you are in violation of at the time the ticket is issued. They may be proven wrong in court after the fact (like in this example, if there is no actual statute on the books as it pertains to cultivated state lands and hunting), but by issuing the ticket up front I would be obligated to go through the hassle of court proceedings to prove my innocence. In this example, I could see a local sheriff/deputy writing a ticket for trespass if he/she believes the land board's assertion that cultivated state croplands are not open to hunting. I don't know WY laws well enough to gamble one way or the other, so for me personally the risk vs. reward of hunting on state-owned cultivated land isn't there and I'll pass unless I see hard evidence that they are open to hunting. There are a lot of gray areas that boil down to personal risk vs. reward (even if you know you are legally right, it just isn't worth the hassle sometimes). For example, I don't have a problem parking on the interstate in WY, and have harvested critters this way in the past and will continue to do so. Where I'm elk hunting this weekend I may have to corner cross, and I'm ok with that too. However, since generally speaking a lot of cultivated land tends to be on average more visible and closer to homes/people than a lot of the remote areas where corner crossing or interstate parking may occur, I think that ups the odds of a law enforcement confrontation so I'll pass.
Also, I don't have a lot of faith that all of the local LEOs would know the full state of WY statute book cover to cover, and would be happy to write a ticket upfront and let the courts figure it out later. I was scouting outside of Thermopolis two weekends ago, and pulled over on some BLM to camp for the night. It was raining pretty good, so I decided to just sleep in the truck instead of setting up a tent. I awoke to a flashlight shining in my eyes and a deputy knocking loudly on the window, accusing me of trespassing. I assured him that I was on BLM, and he didn't buy it. I showed him my GPS with OnX chip, and my phone with the OnX app, and he still wasn't buying it. I pointed to the sign on the cattle guard 30 yards away saying "Now entering your public lands-BLM" and he still wasn't buying it and insisted I was trespassing. It wasn't until the dispatcher called the deputy and confirmed that I indeed was on BLM and had every right to be there, that he left in a huff and dropped the trespassing citation threat. I would have certainly won in court, but the 7 hour drive each way during business hours to contest in court the ticket he almost gave me would have been a major inconvenience.
To the OP, sorry for the thread derail, but I do think this friendly discussion regarding access to cultivated state land highlights that there are some access gray areas still, and it comes down to making a personal risk-vs-reward decision regarding what you are comfortable with based on what you know about the access issue at hand. The more you learn (asking questions here, calling the appropriate agencies, etc) the more confident you may become, but it still boils down to your decision at the end for the day regarding what you are or aren't comfortable with.