2018 Trespass Law

Idaho’s trespass law changes July 1, 2018. Persons are now required to have written permission or other lawful permission to enter private property.

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The Law Specifies:

No person shall enter or remain on private land to shoot any weapon or hunt, fish, trap or retrieve game without written permission or other lawful permission. 

A person should know land is private and they are not allowed without permission because: 

  • The property is associated with a residence or business; 
  • OR cultivated; 
  • OR fenced or enclosed in a way that delineates the private property; 
  • OR unfenced and uncultivated but is posted with conspicuous “no trespassing’ signs or bright orange/ fluorescent paint at all property corners and boundaries where the property intersects navigable streams, roads, gates and rights-of-way entering the land and posted in a way that people can see the postings. 

Note – if private property adjoins or is contained within public lands, the fence line adjacent to public land should be posted with “no trespassing signs” or bright orange/fluorescent paint at the corners of the fence adjoining public land and at all navigable streams, roads, gates and rights-of-way entering the private land from public land and posted in a way that people can see the postings. 

It is illegal for anyone to post public land that is not held under an exclusive control lease. 

Private posting at navigable streams shall not prohibit access to navigable streams below the high-water mark as allowed by Idaho law.  

A property owner may revoke permission at any time. Any person must leave private property when asked to do so by the owner or agent. 

A first conviction of trespass on private property carries a mandatory one-year revocation of hunting/fishing/trapping licenses in addition to misdemeanor fine and seizure of animals taken on private property. 

Federal law prohibits unauthorized trespass on Indian-owned reservation lands for hunting, fishing, or trapping purposes. 

 

News

Permission Form

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[Download PDF permission form for print
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[Download PDF of navigable waters information]

 

Legal Information

 

Refer to Idaho State Code for more information: