POSTING OUR PROPERTY

[DogMom]

We recently bought our dream home on 35 acres.  We will be hunting on our own property for the first time ever. We are in 9J.  We are preparing to post it.  I've done a lot of research but cannot find anything that states how far off the road signs must be.  Is there a specific distance?

[Grouse]

Most people post the trees right on the edge of the road.

[Salmon_Run]

There are two ways of posting your property:

1st- is covered by the NYS Penal Law and simply must be "consciously" posted as a reasonable person would have observed your signs. 

140.05

 

Penal Law § 140.05. A person is guilty of trespass when he knowingly enters or remains unlawfully in or upon premises. Trespass is a violation.

2nd- under ENCON law as follows

POSTED" sign requirements are as follows:

• the posting law specifies the maximum distance between signs is 660 ft.,
• the minimum size of the signs is 11 inches square and the area covered by the printing is a minimum of 80 sq. inches.
• Signs can be no more than 660 feet apart.
• The signs should, however, be placed close enough together to be seen and at a height that is easily visible.
• Posted signs must have the name and address of the person authorized to post the property.
• Each side of all corners of the property must be marked with posted signs, so that corners can be reasonably ascertained.
• There is no requirement that signs be "seen," and in fact, the land is still posted for a period of one year even if the signs are illegally removed by unauthorized persons the day they are put up.
  • This illustrates the importance of seeking permission to enter private land, regardless of whether of not it is posted.
• You can be arrested for trespassing even if you did not see any posted signs. Your hunting license does not give you the right to trespass on private property. It is your responsibility to find out who the land owner is and ask their permission whether the property is posted or not. The New York State Penal Law makes it an offense to enter any land without permission.
• All property is owned by somebody. The lack of posted signs, fences or other man made objects does not imply that you may enter to hunt, fish or trap. It is your responsibility to obtain permission to enter private lands or waters. Public lands and waters may or may not have restrictions that can be found by contacting the municipality owning the lands.
• If you shoot a deer and it runs onto posted property, you do not have the legal right to go on the property to retrieve it. You should locate the landowner, explain the situation, and ask permission. If the landowner refuses, the hunter will not be able to enter the property. The DEC cannot compel a landowner to grant access. If the hunter has reason to believe that the landowner intends to illegally possess the deer, it should be reported to the nearest Environmental Conservation Officer.
• State land managed by DEC, including Wildlife Management Areas and State Forests are marked with DEC signs and usually open to hunting. For state held lands open to hunting see Places To Hunt or the current Hunting and Trapping Guidebook.

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[GreeneHunter]

Posted Signs should be mounted between strips of Barbed Wire and Trip Flares ... Only Kidding - what Salmon_Run said !

[DogMom]

Thank you all!

[Daveboone]

Keep in mind to post above snowfall levels, or if there is a ditch, at least eyelevel from a vehicle on the road.

[farmer 52]

I would talk to all your neighbors first.Find out if they are hunters or if they have friends or relatives that hunt.There are a lot of options depending on all circumstances,no sense pissing some neighbor off by posting ,and maybe shorting yourself on adjoining property that may or may not be hunted.

[land 1]

def talk with neighbors before blazing signs, not that it is, but some may find this as you being a jerk, and u might miss out on oppurtunties....and just explain that why ur doing it 

[WNYTRPR]

Be prepared to repeat this process many times !