Hunting on Private Property

Trespass violations, posting property and access issues are all concerns affecting landowner's considerations for allowing hunting. Detailed information on leasing, liability and posting can be found in Extension Publication #420-035 entitled "A Landowner's Guide to Working With Sportsmen in Virginia."

Hunters are reminded that it is unlawful to hunt on private property without the permission of the landowner and hunters must have the permission of the landowner to track or retrieve wounded game on private property.

On Posted Property, it is unlawful to hunt without written permission of the landowner and is punishable by a fine of up to $2500 and/or 12 months in jail.

Landowners may post their property by any of the following methods:

  • Using a paint mark of aluminum color paint consisting of a vertical line at least two inches in width and at least eight inches in length, no less than three feet and not more than six feet from the ground or normal water surface and visible when approaching the property.
  • Signs which specifically prohibit hunting, fishing or trespassing on the property.

Property not posted:

It is unlawful to hunt any unposted property without permission of the landowner and is punishable by a fine of up to $500.

What Landowners Should Know

For landowners, finding responsible hunters can provide many benefits for both the landowner and sportsmen allowed access to the property. There are benefits of having responsible hunters included as an important part of the landowner's wildlife management plan, especially if they are absentee or do not hunt themselves. There are many in-kind benefits of such relationships including road maintenance, habitat improvement, security and safety. Reputable hunt clubs are also helpful, and lease fees can offset property taxes. Information on locating responsible hunters can be found by contacting local civic groups like Ruritans, or 4-H Clubs, sporting goods shops and area landowner contacts that participate in Tree Farm or Stewardship Programs. Members of sportsmen's conservation organizations that are dedicated reputable partners with VDGIF promote safety, ethics, habitat improvement and scientific management of wildlife. Visit their Web sites listed in the box to the right and contact statewide officers for local chapter members who would welcome the opportunity to develop a hunting partnership with you.

Liability

Concern about legal liability for recreationists prevents some landowners from permitting hunting on their property. However, the Virginia General Assembly has addressed this concern in Virginia Code Section 29.1-509. Amended in 1982, this law exempts landowners who provide recreational opportunities to the public from liability for injury or damages provided:

  • the landowner does not charge a fee.
  • there is no gross negligence or "willful or malicious failure to guard or warn against a dangerous condition, use or structure" on the property.

The property owner should eliminate obvious hazards such as open wells and falling down buildings, or fence-off and identify with warning signs any hazard that cannot be eliminated, such as a rock quarry. The landowner may wish to consider insuring the property subject to casualty and obtain comprehensive liability insurance. These are relatively inexpensive additions to standard and homeowner insurance policies. Sportsmen can be asked to help provide financial or other support in return for permission to use the lands.

Fundamentally, sportsmen are responsible for their own safety and for any damages they cause to the property of others. Lease agreements and individual permit cards (PDF) include codes of ethical conduct while the holders are on the property. Furthermore, landowners can require sportsmen to show proof of insurance. Sportsman insurance is available through insurance companies and national sportsman organizations.

Working Together For Our Wildlife

The Department is pleased and honored to have the support of numerous nonprofit conservation organizations that are dedicated to wildlife conservation and education. Through the involvement of thousands of citizen volunteers, as well as a financial commitment to a variety of agency projects, organizations such as the ones listed below have supported wildlife conservation efforts that benefit all Virginia sportsmen and women. We encourage everyone to support these organizations and to become active participants in one or more of these groups.

Report wildlife violations on the VDGIF crime line by calling: 1-800-237-5712.