Hunting Without Permission

One of the common complaints I received as a Conservation Police Officer was complaints of hunting without permission. Whether the violation was committed intentionally or by accident, the result was the same. Property owners have the right to allow or deny access to their property and the law is very clear to support their rights.

There are numerous ways for property owners to mark their properties designating them off limits, however that does not mean they necessarily have to be marked. The burden falls directly on the hunters responsibility to know where they are hunting, and to have permission to hunt that property prior to doing so.

Let’s look at the law itself first: ILCS Ch. 520 5/2.33t. It is unlawful for any person to take or attempt to take any species of wildlife or parts thereof or intentionally or wantonly allow a dog to hunt within or upon the land of another, or upon waters flowing over or standing on the land of another, or to knowingly shoot a gun or bow and arrow device at any wildlife physically on or flying over the property of another without first obtaining permission from the owner or the owner’s designee. Simply stated, all property belongs to someone and it is the responsibility of the hunter to get permission from the landowner prior to hunting. It does not have to be posted in any manner to prohibit hunting.

Many property owners choose to restrict total access to their properties by posting or signing. Chapter 720 5/21-3 of the Illinois Compiled Statutes states that: “A person commits criminal trespass to real property when he or she knowingly and without lawful authority enters or remains on the property of another after receiving prior to entry, notice from the owner or occupants that the entry is forbidden.” This can be accomplished by either a verbal command or by posting a sign or designation that entry is forbidden, or NO TRESPASSING.

Another way for property owners to designate their property “no trespassing” is to utilize the “Purple Paint” law. This law has been utilized by numerous states in the past, however it is relatively new to Illinois, enacted in 2011. The law was put into place to offer landowners another option for marking their properties as “no trespassing” without purchasing and posting signs which require maintenance and replacement. There are some requirements in the manner of which the property owner displays the purple paint markings as they must be:

• A vertical line of at least 8 inches in length. The bottom of the mark shall be between 3 feet and 5 feet high. Each mark shall be no more than 100 feet from another such mark and be readily visible to any person approaching the property.

As we head into the field for another hunting season, please be respectful of property owner’s rights. Learn and adhere to trespassing laws, always ask permission prior to hunting, and always say “thanks” to the property owner.

Complete information can be viewed utilizing the Illinois Hunting and Trapping Digest, searching for the chapters listed in this article or by the key words.

Happy Hunting and Stay Safe!

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Retired Lieutenant Eric Bumgarner spent 24 years with the Illinois Conservation Police. Eric is an avid outdoorsman and has a passion for protecting the natural resources.