Phil Dodd
The posting of land against hunting and fishing by putting up signs and registering with the town clerk is only effective until the end of each calendar year and not until a year after the original posting, according to a letter sent to all town clerks this fall by the state’s Chief Warden, Colonel Justin Stedman.
This interpretation means landowners who want to keep their land continually posted have to put up new signs and register with the town clerk at the beginning of each calendar year.
Some, but not all, town clerks and landowners thought land posted at any point in the year was covered for a year from that date. Many landowners post in the fall before deer hunting season, and some have assumed the posting was effective until the next fall.
In his letter, Stedman said even his own wardens had been sharing contradictory information with town clerks around the requirements for posting. But now, “Warden Service employees have been directed to inform landowners, who inquire about this requirement, that … a recording is good until the end of the calendar year in which it was made,” the letter said.
East Montpelier town clerk Rosie Laquerre was one of the clerks who thought posting was good for a year from the time it was registered and dated signs were put up, an understanding that was also possibly held by the majority of town clerks.
“I’ve been telling people about the state’s position, and they are not excited.” Laquerre said. “It can be hard for landowners to get out in January and post their land, especially if there is a lot of snow or they own a big parcel.” Laquerre said 21 East Montpelier landowners posted their land last year.
The public is allowed to hunt and fish on land not posted due to Section 67 of the Vermont Constitution, which states: “The inhabitants of this State shall have liberty in seasonable times, to hunt and fowl on the lands they hold, and on other lands not inclosed, and in like manner to fish in all boatable and other waters (not private property) under proper regulations, to be made and provided by the General Assembly.”
Land that is posted is considered “inclosed.” In order to post, Vermont law requires landowners who want to forbid hunting, fishing, or trapping on their property to post signs “dated each year” at the corners of their land and not over 400 feet apart along the boundaries. They must also record the posting with the town clerk “annually” and pay $5.
Montpelier town clerk John Odom said he had always thought landowners had to post and record their posting again each calendar year. Montpelier has only one landowner who posts their land, he said.
However, Berlin Town Clerk Rachel Giroux had understood that if a landowner posted their land in the fall that it would be good for a year from that time. “The fact that it expires at the end of the calendar year is going to be news to a lot of people,” she said. Giroux has sent a mailer explaining the state’s interpretation of the law to the 25 or so people who post in Berlin.
The president of the Vermont Municipal Clerks’ and Treasurers’ Association, Shelburne Town Clerk Diane Cachon was another clerk who assumed you could post land and have the posting remain in effect for a year from that time. “It is a lot easier to post in the fall when the leaves are down and there is no snow,” she noted.
One group that is fighting the state’s interpretation is Protect Our Wildlife (POW). “The plain language of the statute does not require land to be posted each calendar year; rather, it requires that the land be posted annually,” the organization wrote in a Oct. 21 letter to the Fish and Wildlife Department’s lawyer.
“The Department’s interpretation also leads to the absurd result that a landowner who wishes to prohibit certain winter practices — such as hunting coyotes, foxes, and bobcats (including with hounds), as well as crow and rabbit hunting, must post their property on the first day of the year,” the letter said.
“We ask that the Department enforce the current statute as it is plainly written — to mean a twelve-month period beginning on the date the landowner registers with their town — and that town clerks be notified of this interpretation immediately,” POW wrote.
Vachon said she thinks clerks statewide will now be following the directive of the state. Any change in the situation would have to come from the state altering its position or from clarifying legislation.
In addition to posting, state law also allows homeowners concerned about hunting near their home to post “safety zone” signs whenever they wish and without registering with the town clerk.
Under the law, landowners may post signs stating “safety zone, shooting prohibited” on land “within 500 feet of any occupied dwelling house, residence, or other building or camp occupied by human beings, or any barn, stable, or other building used in connection therewith.”
The safety zone signs have to be placed at each corner of the safety zone and not more than 200 feet apart on the boundaries. The zone “shall be considered enclosed land,” the law states.
Posting and safety zone signs can often be purchased from local merchants.
