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No person may hunt, fish, or trap on private property without permission from the landowner or lessee.
For decades, South Dakota law has allowed hunting along section lines or other roads if such rights-of-way are used for vehicular traffic; however, hunters were not allowed to fire over or onto privately-owned land without the landowner's permission.
Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, with fine or which may extend to five hundred rupees, or with both.
Introduction. Trespass is not of itself a criminal offence. However there are some offences in which trespass is an essential element and this guidance sets out the most commonly encountered examples of such offences.
A notice saying Trespassers will be prosecuted aimed at deterring people from using a private drive for instance is usually meaningless. Criminal prosecution could only arise if you trespass and damage property. Trespassing with the intent to reside may be a criminal offence under some circumstances.
Private lands in North Dakota are open to hunting unless posted or otherwise restricted by law, however it is always best practice to speak with the landowner before hunting any private lands. Public lands in the state also offer many hunting opportunities.
No hunting is allowed, without permission from the landowner or leasee, on private lands in North Dakota that have been legally posted either with physical signs or electronically.
Codified Laws § 22-35-5. Any person who, knowing that he or she is not privileged to do so, enters or remains in any building or structure surreptitiously, or enters or remains in any critical infrastructure facility, is guilty of criminal trespass.
North Dakota is the only state that still allows entering land unless posted. The bill passed the Senate with bipartisan support, 44-2 and the House 89-3. The law goes into effect Aug. 1, 2021.
Enter another person's property with the intention to commit an offence or to intimidate, insult or annoy that other person; or. Unlawfully remain at another person's property (despite having lawfully entered the property) with the intention to commit an offence or to intimidate, insult or annoy that other person.