It’s Best to Ask

by

Field Notes

I own about an acre of property, so when I fish or hunt or camp or bird watch or backpack or do any of the other recreational pursuits that lure me outdoors, I do so on public land or with permission from the landowner or tenant whose property I wish to access. That’s what you probably do, too—at least it should be.

For outdoor sports enthusiasts—an ever-widening group that can include anglers, birders, wildlife watchers, campers, hikers, climbers, trail runners and hunters—the ability to roam hinges on a simple equation with limited options: If you wish to traipse across the landscape legally, do so on public land, on your own property, or with permission of the landowner. 

Kentucky has many fine attributes, but an abundance of public land is not one of them. The Commonwealth swallows about 39,436 square miles or around 25.5 million acres, an estimated 95 percent of which is privately owned. That leaves about 1.3 million acres accessible to everyone. Granted, that’s a wide swath of property, but it’s chopped up and scattered about the state. And it’s only a sliver of the whole. 

Trespassing is, of course, illegal and ethically wrong. Unfortunately, that doesn’t stop it from happening. 

The folks at the Department of Fish and Wildlife Resources take every opportunity to remind sportsmen (and sportswomen) that hunting, fishing and trapping on private land is a privilege, and they should ask for (and receive) permission before doing so. 

That’s good advice. It’s also required by law by way of KRS 150:092, a long-standing statute. “A person shall not enter upon the lands of another to hunt, fish or trap without the oral or written permission of the landowner, tenant or person who has the authority to grant permission,” according to the Department of Fish and Wildlife’s website. “Those who fail to obtain permission are subject to arrest and prosecution. Railroad tracks and rights of way are privately owned property, and permission to hunt, fish or trap must be obtained prior to entry.”

September unofficially ushers in Kentucky’s hunting season. One repeated complaint I sometimes hear from hunters is “there’s no place to hunt” or “public land is too crowded.”

Some areas are sometimes crowded. Some are managed as quota hunts. Some are managed with special regulations. But the “no place to hunt” argument doesn’t really hold water.  

The Department of Fish and Wildlife Resources does a good job of managing publicly accessible hunting properties across the state. You can find property locations, season information, limits and more at fw.ky.gov/Hunt/Pages/Public-Land-Hunting.aspx. 

The other option—sometimes the best option—is to ask for landowner permission. My experience has generally been positive, but not always. When approaching someone with a request to hunt their property, don’t show up a week (or a day) before the season opens. Plan ahead and present yourself as what you are: a responsible, safe hunter. If the request is denied, graciously thank the person for their time and leave. The issue can’t be debated. 

September also generally ushers in improved fishing. Although angling is a year-round pursuit in Kentucky, cooling water temperatures put fish on the move and make them more accessible. It’s a delightful and productive time to be on the water. 

Access can be a bit less restrictive for anglers, but that also largely depends on where you wish to fish. Kentucky’s waterways are public, and several of the state’s reservoirs— some of which flood tens of thousands of acres—offer some of the best angling to be found anywhere. 

But if, like me, you like to wade creeks and streams, many flow through private property. Streams flowing across private property are public waterways, but the land they are flowing over is not. Access is often difficult. If you float through private land and step out of your canoe or kayak onto the streambed, you are likely trespassing. It’s best to ask. 

.  .  .

A cool-water creek about an hour’s drive from my house is a favorite destination. The stream, largely spring fed, flows year-round but is not really suitable for a canoe or kayak. It’s best waded. Access is via a highway bridge. A well-worn trail upstream is accessible to fishermen. The downstream section is fenced and well-marked: “No Trespassing.” 

I once encountered the landowner, who had a well-earned reputation for valuing his privacy. My query about wading the creek was met with a withering stare and a short burst of profanity. I turned to leave.

“I guess you can do what you want in the creek,” he said. “Stay out of the field.”

It’s always best to ask.

Readers may contact Gary Garth at editor@kentuckymonthly.com.