When Drew Hanes thinks about the worst disputes over blocked public access she\u2019s encountered in her career, she recalls the time when her friends found themselves arguing with an angry Montana landowner instead of hunting antelope.<\/p>\n
\u201cIn Montana we have a history of leasing BLM land to large ranches [for grazing],\u201d says Hanes, the executive director for the Public Land Water Access Association<\/a>. \u201cMy friends were hunting on this BLM land and the owner of the leases came out and said \u2018I own this, you can\u2019t be here.\u2019\u201d<\/p>\n Hanes\u2019 friend pulled out a digital map to confirm that the group was standing on public land. But the landowner wasn\u2019t swayed from his position that the group was trespassing. If anything, he was ready to stand his ground.<\/p>\n \u201cThe man had been drinking and had a gun,\u201d Hanes tells Outdoor Life<\/em>. \u201cHe said \u2018I\u2019m going to shoot you if you don\u2019t get off my land.\u2019\u201d<\/p>\n Can landowners really block public access like this? The short answer is no, they can\u2019t\u2014or not legally, at least. That doesn\u2019t stop a handful of bad apples from doing it anyway.\u00a0<\/p>\n \u201cJust like there are sportsmen and women who drive in a landowner\u2019s field<\/a> and make landowners genuinely mad at the hunting community, there are bad actors on the landowner side too that go out of their way to keep the public from accessing their lands,\u201d Theodore Roosevelt Conservation Partnership<\/a> VP of western conservation Joel Webster tells Outdoor Life<\/em>. \u201cOn both sides, those people are a minority, but they color the debate because their actions are fairly strident and they result in polarization.\u201d<\/p>\n But the blocked access issue is especially visible in the Mountain West as more out-of-state landowners buy property that either sits adjacent to state and federal parcels or underlies a public road or trail, experts say. What has come with this influx is a lack of understanding\u2014or, in some instances, a blatant disregard\u2014for public access. Here are some of the most common ways a few over-the-line landowners obstruct access to public lands and waters, and what to do if you run into it.<\/p>\n You might not recognize blocked public access when you first see it. While it\u2019s best to take the \u201cinnocent until proven guilty\u201d approach and assume all obstructions are legal and purposeful, further research might tell you otherwise. Examples of blocked public access include:<\/p>\n This might be the most widespread, instantly recognizable example of blocked public access, Hanes tells Outdoor Life<\/em>. She also notes that, at least in Montana, it\u2019s illegal to obstruct a deeded public road in any way.\u00a0\u00a0<\/p>\n Big, immovable objects blocking public access pose a massive safety risk to anyone who either lives on private land past the obstruction or is recreating on public land. Firetrucks and ambulances can probably mow down a fence, but they don\u2019t stand a chance against an excavator.<\/p>\n In instances where the public trail goes over private land, stepping off the trail a certain distance to navigate around a downed tree could result in a trespassing citation.<\/p>\n This tactic is often used to erode undeeded, prescriptive easements<\/a> (traditional public access that exists simply because the public has used it for an extended period). Signing in with the landowner means you\u2019re seeking permission to use the trail, which helps the landowner prove that the public has abandoned the easement and therefore it no longer exists. (Don\u2019t confuse this with lawful sign-ins required for voluntary hunter access programs<\/a> on private lands.)\u00a0\u00a0<\/p>\n While running cameras on public land is legal in most states, using them to conduct surveillance on humans often leads to harassment. It certainly did for one hunter in Michigan, whose treestand was intentionally damaged<\/a> by another hunter on public land. The offending hunter was monitoring the victim\u2019s activity on a trail camera and got angry when the hunter wouldn\u2019t leave \u201chis spot\u201d alone.<\/p>\n In one of Montana\u2019s most infamous cases of blocked access, landowners posted a sign<\/a> on a locked gate across Hughes Creek Road that read \u201cWarning, No Trespassing: You quite possibly could get shot or hurt and then try to sue resulting in a long drawn out court battle. You will lose. Because this sign will be: \u2018Exhibit A.\u2019\u201d (In fact, the Hughes Creek case involved several additional obstructions of access: the locked gate, brush piles, and an excavator parked across the public road.)<\/p>\n Whether it\u2019s a landowner or another hunter, someone might try to scare you away from public lands, waters, or roads. They could simply lie and tell you you\u2019re trespassing on private land, or they could escalate to outright intimidation and threats, like the drunk rancher trying to run antelope hunters off his BLM lease.<\/p>\n You don\u2019t need to have all the answers immediately to address what looks like blocked public access, Hanes says. In most cases, it\u2019s safer to avoid potential confrontation with an angry landowner or hunter (not to mention legal repercussions) by following these guidelines.<\/p>\n The first step is to familiarize yourself with the laws in whatever state you\u2019re hunting. State laws change frequently, so do a little research every year. In February, for example, Wyoming governor Mark Gordon signed a bill into law<\/a> prohibiting anyone from falsely posting public land if a peace officer has already informed the person that land is public.<\/p>\n Other states already have regulations in place that support hunter access, even when it comes to private land. In North Dakota, for example, if you legally shoot game and that animal runs onto private land, you can legally retrieve it<\/a> without landowner permission (as long as you don\u2019t carry your gun or bow onto the land).<\/p>\n If you find what you suspect is deliberate obstruction of public access, record the details. That could be a locked gate, an intimidating sign, or something else fishy, says Backcountry Hunters and Anglers CEO Land Tawney.<\/p>\n \u201cRecord it with a cell phone or even just with pen and paper afterward so you remember the facts and where you were,\u201d Tawney says. \u201cCommunication technology has increased so much. Everyone has a video camera in their pocket, everyone has a GPS in their pocket, so they know where they are.\u201d<\/p>\n Documentation comes in handy for hunter harassment cases, like an instance in North Dakota when a landowner argued with a group of duck hunters for hours<\/a> over where the property boundary was. One of the duck hunters recorded the whole interaction, which was later used in charging the landowner with hunter harassment, among other misdemeanors.<\/p>\n If you have cell phone service, call the authorities, Hanes says. Consider saving phone numbers for various officials who have jurisdiction in the areas where you hunt or fish. This might come in handy if you have just enough service to make a call but not enough to search the Internet for a phone number.<\/p>\n \u201cGo to an enforcement person who is in charge wherever you are, whether it is a county attorney or a state game warden, a Forest Service employee, whoever has jurisdiction,\u201d she says. \u201cShow them your documentation and show them what the issue is.\u201d<\/p>\n Don\u2019t expect the officials to know exactly what the state laws are, Hanes warns. They have a lot of regulations to keep track of, and may not have been approached about your specific issue before. This is why it\u2019s important that you arm yourself with up-to-date information.<\/p>\n Depending on your unique access situation, you may need to approach a private attorney familiar with property and access law, or an organization like PLWA. But no matter what, it\u2019s important to report your experience. Hanes estimates that over 90 percent of hunters who come across blocked public access or are otherwise harassed don\u2019t report anything, leaving those situations unresolved and ripe for another hunter, angler, or public land user to walk right into.\u00a0<\/p>\n Even if you know deep in your gut that the law is on your side, conflict is often not worth it, Tawney says.\u00a0<\/p>\n \u201cPhysical barriers, sign-ins, surveillance cameras \u2026 all these things are some level of intimidation,\u201d Tawney says. \u201cThese are always tense situations and folks need to do their best to be respectful, state the facts, share the legality that we foresee\u2014but don\u2019t escalate things.\u201d<\/p>\n If any battles should be fought over blocked public access, they\u2019re best fought in a court of law.<\/p>\n \u201cAt PLWA, we play the long game, and sometimes it takes years,\u201d Hanes says. \u201cWe get precedence established so that we don\u2019t have to risk someone getting shot at every single gate. We want to get the gate taken down and show why this is so important.\u201d<\/p>\n Contested public access is nothing new, but solutions to the issue are evolving, onX Hunt senior access advocacy manager Lisa Nichols tells Outdoor Life<\/em>. The rise in popularity of onX allows hunters and landowners to see the same boundaries, easements, and access points.<\/p>\n \u201cFor anyone who is using onX, whether it\u2019s a landowner or a recreator \u2026 it gets everyone on the same page\u2014especially for new landowners in the West,\u201d Nichols says. \u201cSeeing where the public is allowed or not allowed really helps avoid conflict.\u201d<\/p>\nWhat Does Blocked Public Access Look Like?<\/h2>\n
1. Locked gates across public roads or trails<\/h3>\n
2. Strategically-parked cars or construction equipment <\/h3>\n
3. A big brush pile or a downed tree that is impossible to navigate around<\/h3>\n
![\"cut](\"https:\/\/www.outdoorlife.com\/uploads\/2023\/04\/11\/cutting_tree_down-scaled.jpeg\")
4. A demand to sign in with the landowner first<\/h3>\n
5. Trail cameras used to monitor humans, not game<\/h3>\n
6. Misleading signs, including ones threatening legal action or physical violence<\/h3>\n
7. Confrontation with another person as a form of blocked access<\/h3>\n
You Found What You Think Is Blocked Public Access\u2026Now What?<\/h2>\n
Know the Rules<\/h3>\n
Document the Blocked Access<\/h3>\n
![\"A](\"https:\/\/www.outdoorlife.com\/uploads\/2022\/11\/03\/hunter_harassment_north_dakota-1.jpg\")
Make Your Phone Calls<\/h3>\n
Get Ready to Walk Away<\/h3>\n
![\"A](\"https:\/\/www.outdoorlife.com\/uploads\/2023\/04\/11\/no_hunting_Sign-scaled.jpeg\")
Longterm Solutions to Blocked Public Access<\/h2>\n
![\"Montana](\"https:\/\/www.outdoorlife.com\/uploads\/2023\/04\/11\/montana_block_management_access_2.jpeg\")