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South Dakota => Ice Fishing South Dakota => Topic started by: Thwack_Attack on Jan 08, 2020, 11:36 PM

Title: SD Trespassing Question "Road Right of Way"
Post by: Thwack_Attack on Jan 08, 2020, 11:36 PM

First Post!  Finally broke down an invested in some hard water gear. Long time fair weather fisherman out of a boat!  I Travel to SD frequently and am hoping to make the best of my business trips.  I am attempting to scout some of the small "sloughs" to start fishing as the smaller ponds will not be so overwhelming for a learning curve.  My questions, is if the road goes right by a slough are you able to access the body of water from the road? Would just like a confirmation on "Road Right of Way". 

Title: Re: SD Trespassing Question "Road Right of Way"
Post by: stealyourface on Jan 09, 2020, 01:01 AM

Access=yes
park on the rd = some lakes, it will be posted if you can park there

Title: Re: SD Trespassing Question "Road Right of Way"
Post by: ice dawg on Jan 09, 2020, 07:49 AM

Power poles are usually on the right of way line as are fences and utility pedistals. If the ice or water extends past the right of way line into the ditch and you can walk across the right away line on the ice it should be legal. If a land owner doesn't want you fishing over his land and wants you off, it is best to leave. If a road goes under a frozen slough it should be ok to access the ice on the road right of way. The book of fishing regulations will show you the type of signs and buoys marking closed waters.

Title: Re: SD Trespassing Question "Road Right of Way"
Post by: rundrave on Jan 09, 2020, 08:16 AM

You should be fine in most cases. However I cant emphasize enough to not leave your vehicle in the way or cause any obstructions to the road. Leave plenty of space for traffic and also understand that large vehicles or machinery may need to get by on the same road you are parked on.

We have lots of high water this year and some ramps, parking lots and even roads to them are completely under water. Use common sense and good judgement where you leave your vehicle and you will be fine.

Title: Re: SD Trespassing Question "Road Right of Way"
Post by: majic0135 on Jan 21, 2020, 08:30 AM

You can look on GF&P website for meandering water lakes, etc and shows which ones are closed to public.

Title: Re: SD Trespassing Question "Road Right of Way"
Post by: wesb on Oct 16, 2020, 09:04 PM

I'm currently on a kayaking trip trying to jump from slough to slough. I've ran into a couple of "posted" signs, but a quarter mile away the water reaches the right of way. Are these lakes fair game to access via right of way

Title: Re: SD Trespassing Question "Road Right of Way"
Post by: wesb on Oct 17, 2020, 07:58 AM

I imagine as long as I stay off the private property I am legal.

Title: Re: SD Trespassing Question "Road Right of Way"
Post by: 800stealth on Oct 17, 2020, 08:58 AM

I'm not from SD but asking guys on a fishing forum will get you opinions... Asking a game warden should get you answers, at the very least if you get into a legal problem you'll have a name and number or e-mail for the officer that answered your questions for a reference. Good luck out there.

https://gfp.sd.gov/contactus/