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SOUTH
DAKOTA PHEASANT HUNTING ON PUBLIC RIGHT-OF-WAYS
Public road rights-of-way are open for small game or
South Dakota pheasant hunting (except during the early
resident only season), without landowner permission
except within 660feet of schools, churches, occupied
buildings or livestock. The public right-of-way along a
section line or other highway is open if: the
right-of-way has been commonly used by the public for
vehicular travel, as demonstrated by the existence of a
well worn vehicle trail, or an intentional alteration or
adaptation has been made to the right-of-way to enhance
the natural terrain’s utility for vehicular travel or to
permit vehicular travel where it was not possible
before.
However, only small game may be taken within
right-of-ways on foot. Both the hunter and the game must
be within the right-of-way.
Small game take with the right-of-way, but falling onto
private property can be retrieved by unarmed hunters on
foot.
Big game cannot be taken on or from a road right-of-way.
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