Too tight but oh so tempting

[crappyice]

A fellow worker was complaining about an excessive amount of deer eating his shrubs. I offered my bowhunting services and he invited me to hunt the hill behind his house. When I arrived and walked behind his house, I was leery. There were three other houses up the hill to the left. All houses ranged 500' or more away from where I would set up. There was an older shed at the edge of a property, not 500' from my spot...that's my first question. Is it 500' from a dwelling or structure?

Behind my set up is a hill that drops straight down and contains two buildings across a street from where I would sit. Probably under 500' away from my set up but too brushy to range. I assume i need to be 500' from there as well even if I will never have a shot in that direction.

Long story short, I decided I would never hunt there. There is no way I would be comfortable enough to arrow a deer and have it end up in some kids backyard but I am curious still about its legality of the downhill structure and the shed

[arrow nocker]

500 feet from an occupied dwelling,unless the occupants don't mind.Go ask the neighbors if they need some deer eradication,

[SteveB]

Need to ask anyway about permission to recover.

It will be needed on a property that size.

[jjb4900]

Does your friend have a good relationship with the neighbor's? if so, maybe he can talk to them 1st and introduce you to them...........they may very well have the same deer problem's that he has.

[fasteddie]

Talk to the neighbor's . If they don't mind , they might even welcome someone taking a few "shrub eaters" . You might find that you have a new found Honey Hole !

[landtracdeerhunter]

How to define a structure or, farm building in use is one of those grey areas. I bet an ECO. would give u a ticket, for being to close, if it boiled right down to it. This whole setup seems like a receipt for disaster. Things could blow up in your face pretty quickly. Better safe then sorry.

[josephmrtn]

How to define a structure or, farm building in use is one of those grey areas. I bet an ECO. would give u a ticket, for being to close, if it boiled right down to it. This whole setup seems like a receipt for disaster. Things could blow up in your face pretty quickly. Better safe then sorry.

unless you get permission then its totaly legal

[Dan92]

i have read dec website over and over on this.. Excluded are temporary residential units including camping trailers, motor homes or other portable shelters. Also excluded are abandoned dwellings, detached garages, tree houses, "playscapes", decks, pool areas, storage sheds and out-buildings - even when/if they are temporarily occupied. A permanent camp or cabin may qualify as a "dwelling house".

now from what i translate from that is only if they live, eat, sleep, etc its is a dwelling.. if its an old shed you are fine.

[josephmrtn]

How to define a structure or, farm building in use is one of those grey areas. I bet an ECO. would give u a ticket, for being to close, if it boiled right down to it. This whole setup seems like a receipt for disaster. Things could blow up in your face pretty quickly. Better safe then sorry.

unless you get permission then its totaly legal

[WNYBuckHunter]

How to define a structure or, farm building in use is one of those grey areas. I bet an ECO. would give u a ticket, for being to close, if it boiled right down to it. This whole setup seems like a receipt for disaster. Things could blow up in your face pretty quickly. Better safe then sorry.

There is no grey area, its occupied structure. If there are livestock in a barn or chicken coop, its occupied. If its a shed, it is not occupied.

I know this because a neighbor of my fathers tried pulling that crap with me by parking his camper at the very edge of his property, within 500 feet of my stand, and called DEC on me when I hunted there. The officer came out and looked and told myself and him what the rules are. My stand is well over 500 feet from his house, and the DEC officer told him theres nothing he can do.

[Culvercreek hunt club]

where are you getting the live stock part of this?

[WNYBuckHunter]

where are you getting the live stock part of this?

From DEC. The exceptions are storage buildings, not livestock buildings.

[Culvercreek hunt club]

isn't a barn an out building? I see no livestock mentioned at all.

Edited November 27, 2012 by Culvercreek hunt club

[jjb4900]

isn't a barn an out building? I see no livestock mentioned at all.

I'm pretty sure it's not the livestock that make it occupied, I'm looking at the ECL right now and it makes no reference to livestock ..........what it does say is "farm building actually occupied or used", so if it's any farm building that is used in anyway, you can't discharge a weapon within 500' feet.............so a shed is not automatically safe to shoot near, if the farmer goes into his shed once or twice a day, it's considered used/occupied.

[Dan92]

Farm building, farm structure that is either occupied or used -- these structures are largely determined on a case-by-case basis. To qualify, the premises alleged to be a farm must be utilized principally for agricultural production for commercial purposes, including but not limited to crops, fruit, hay, livestock, production of dairy products, nurseries/greenhouses. There is no minimum number of acres that must be either owned or farmed to qualify. To receive protection the farm building or farm structure must be either occupied by people or livestock or used in some, even small, degree for storage of farm related tools, equipment or livestock. Excluded would be structures and out-buildings on acreage or lands that are not a "farm" even if they are temporarily occupied.

[joe12]

this is clear as mud and sounds intentionally vague so that they can give you a ticket if they feel like it.

[mxsmitz201]

i thought the DEC was going to reduce the distance you have to be from a dwelling to discharge a bow?

[Dan92]

i thought the DEC was going to reduce the distance you have to be from a dwelling to discharge a bow?

i believe it did not pass i could be wrong though

[WNYBuckHunter]

i thought the DEC was going to reduce the distance you have to be from a dwelling to discharge a bow?

Hasnt been passed at this point. I dont believe it was brought to a vote yet either.

[WNYBuckHunter]

isn't a barn an out building? I see no livestock mentioned at all.

Im just saying what I was told by the DEC officer. Looks like Danc found what he was referring to.

[arrow nocker]

speak to the neighbors.I bet you have a honey hole.

[crappyice]

Thanks for your input and advice.

Even if I were to get permission, I just don't like the idea of sitting in someone's backyard, overlooking their pool, having cars pull in and out. I may venture further away, after discussing my presence with all households. I don't need the stress of worrying that someone in the burbs will call the cops even if all was legit. I still don't like the idea of having to do a recovery in front of little suburban kids..dad will prob sue me for emotional distress and I'll spend my hunting funds on prescription meds and psychotherapy for his kids.

How about the buildings across the street down the hill? M best guesstimate is that the building is about 400 away...straight across. But I am straight up a hill from the buildings..lets call is 150 just to make a good discussion. All distances can only be a guess since I couldn't range it due to the heavy brush. I don't think it matters but again, I would be sitting with m back to this area and no shot will eve go that way.

[Doc]

Thanks for your input and advice.

Even if I were to get permission, I just don't like the idea of sitting in someone's backyard, overlooking their pool, having cars pull in and out. I may venture further away, after discussing my presence with all households. I don't need the stress of worrying that someone in the burbs will call the cops even if all was legit. I still don't like the idea of having to do a recovery in front of little suburban kids..dad will prob sue me for emotional distress and I'll spend my hunting funds on prescription meds and psychotherapy for his kids.

Somehow it just doesn't feel like hunting, does it? There is something to be said for hunting in an area where you can feel a connection with nature with some pretense of wildness to it. At least that is the way it is with me. I don't want to hear neighbors arguing, radios blaring, doors slamming, and kids screaming and playing.

And then there is the thought of some bloody old deer flopping around in the some neighbor kid's sand box while little pre-schoolers scream in terror ..... Well, ok that's a bit of over dramatization ..... lol. However, it is a fact that once you shoot at a deer in those kinds of compressed population conditions there is the reality that you have absolutely no control over what direction and how far that critter will run, or through how many yards it may go before (or even "if") it drags itself to a halt for good. It's not the kind of impression I want to leave on the neighborhood as the story gets repeated and embellished over and over and maybe even with some gruesome pictures.

Sure isn't my kind of hunt.