Landowner Question

[46382]

Does a landowner whose land is not farm land or agricultural land need a deer tag? The License exemption on page 3 of this year's hunting guide is confusing. It says, "Landowners or lessees of farmland who farm that land." Does that mean landowners that farm that land? Help

[46382]

My land is not farm land and I do not farm. Do I need a tag?

[Decatur]

That is a good question for the "ask the CO" part of this forum.

[bchittum]

in the past the hunter guide stated min. of 40 acers ( i think ) but if you look up the IC code it states it has to be farm/crop land.... GRAY AREA if ya ask me

[raporter]

In the past the COs have stated there is no certain amount of land you need to own and it does not need to be farmland.

[varmint101]

There is no certain amount of land needed to qualify and it doesn't have to be farmed to qualify either. If you own the land and kill a deer on it you can use a landowners tag.

So, yes, you need a tag, but you don't need to buy one. You just need bring in your temporary tag and check it in under a landowners tag.

[jkd]

FOR LANDOWNERS: No minimum size or acres, period. If you read the actual reg, it talks about ownership and the land EITHER being ABLE TO BE farmed, OR being classified as agricultural land for tax purposes as the qualifier. So if you (1) own land, and (2) it is classified as agricultural for zoning/tax purposes, you are LICENSE EXEMPT. Contrary to popular opinion, you don't actually have to be farming the land to be license exempt as a landower.

A leasee HAS TO BE FARMING the property.


IC 14-22-11-1
"Farmland" defined; license requirements and conditions
Sec. 1. (a) As used in this section, "farmland" means agricultural land that is:
(1) devoted or best adaptable for the production of crops, fruits, timber, and the raising of livestock; or
(2) assessed as agricultural land for property tax purposes.
(b) An individual may not take or chase, with or without dogs, a wild animal without having a license, except as follows:
(1) An individual who is a resident or nonresident of Indiana while participating in a field trial that has been sanctioned by the director is not required to possess a license while participating in the trial.
(2) Subject to subsection (d), an owner of farmland located in Indiana who is a resident or nonresident of Indiana and the spouse and children living with the owner may hunt, fish, and trap without a license on the land that the owner owns.
(3) A lessee of farmland who farms that land and is a resident of Indiana and the spouse and children living with the lessee may hunt, fish, and trap without a license on the leased land. This subdivision does not apply to land that is:
(A) owned, leased, or controlled by; and
(B) leased from;
the department.
(4) An individual who:
(A) is less than thirteen (13) years of age;
(B) does not possess a bow or firearm; and
(C) is accompanying an individual who:
(i) is at least eighteen (18) years of age; and
(ii) holds a valid license;
may chase a wild animal without having a license.
(c) The exceptions provided in this section do not apply to a commercial license issued under this article.
(d) The right of a nonresident who owns farmland in Indiana (and of the spouse and children who reside with the nonresident) to hunt, fish, and trap on the farmland without a license under subsection (b)(2) is subject to the following conditions:
(1) The nonresident may hunt, fish, and trap on the farmland without a license only if the state in which the nonresident resides allows residents of Indiana who own land in that state to hunt, fish, and trap on their land without a license.
(2) While hunting, fishing, or trapping on the farmland, the nonresident must keep proof that the nonresident owns the farmland (for example, a tax receipt identifying the nonresident as owner) in a place where the proof is readily accessible by the nonresident.
As added by P.L.1-1995, SEC.15. Amended by P.L.139-1997, SEC.1;

P.L.25-1998, SEC.1; P.L.186-2003, SEC.60.



312 IAC 9-2-14 Fishing, hunting, and trapping without a license by owners and lessees of farmland
Authority: IC 14-22-6-1; IC 14-22-11-1
Affected: IC 14-22
Sec. 1. (a) An owner or a lessee of farmland, and immediate family members of the owner or lessee, if exempted under IC 14-
22-11-1, may:
(1) fish;
(2) hunt; or
(3) trap;
on the farmland without obtaining a license under this article.
(b) As used in this section, "owner" means either:
(1) an individual listed on the tax assessment roll and whose name appears on the title to the property;
(2) a business entity whose shareholders, partners, members, or owners are comprised solely of the members of an immediate family.
(c) As used in this section, "lessee" means either:
(1) an individual to whom a lease is made for the farmland and who farms that land;
(2) a business entity to which a lease is made for the farmland and whose shareholders, partners, members, or owners are
comprised solely of the members of an immediate family who farm that land.
(d) As used in this section, "business entity" means:
(1) a corporation;
(2) a limited liability company;
(3) a partnership; or
(4) any legal entity organized for a profitable or charitable purpose.
(Natural Resources Commission; 312 IAC 9-2-14; filed Jun 23, 2006, 2:24 p.m.: 20060719-IR-312050214FRA; readopted filed Nov
24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA)


The entire IAC section pertaining to hunting is available at:

www.in.gov/legislative/iac/iac_title?iact=312&iaca=9

[ridgerunner]

Nov 18, 2009 23:59:49 GMT -5 jkd said:

FOR LANDOWNERS: No minimum size or acres, period. If you read the actual reg, it talks about ownership and the land EITHER being ABLE TO BE farmed, OR being classified as agricultural land for tax purposes as the qualifier. So if you (1) own land, and (2) it is classified as agricultural for zoning/tax purposes, you are LICENSE EXEMPT. Contrary to popular opinion, you don't actually have to be farming the land to be license exempt as a landower.

A leasee HAS TO BE FARMING the property.






IC 14-22-11-1
"Farmland" defined; license requirements and conditions
Sec. 1. (a) As used in this section, "farmland" means agricultural land that is:
(1) devoted or best adaptable for the production of crops, fruits, timber, and the raising of livestock; or
(2) assessed as agricultural land for property tax purposes.
(b) An individual may not take or chase, with or without dogs, a wild animal without having a license, except as follows:
(1) An individual who is a resident or nonresident of Indiana while participating in a field trial that has been sanctioned by the director is not required to possess a license while participating in the trial.
(2) Subject to subsection (d), an owner of farmland located in Indiana who is a resident or nonresident of Indiana and the spouse and children living with the owner may hunt, fish, and trap without a license on the land that the owner owns.
(3) A lessee of farmland who farms that land and is a resident of Indiana and the spouse and children living with the lessee may hunt, fish, and trap without a license on the leased land. This subdivision does not apply to land that is:
(A) owned, leased, or controlled by; and
(B) leased from;
the department.
(4) An individual who:
(A) is less than thirteen (13) years of age;
(B) does not possess a bow or firearm; and
(C) is accompanying an individual who:
(i) is at least eighteen (18) years of age; and
(ii) holds a valid license;
may chase a wild animal without having a license.
(c) The exceptions provided in this section do not apply to a commercial license issued under this article.
(d) The right of a nonresident who owns farmland in Indiana (and of the spouse and children who reside with the nonresident) to hunt, fish, and trap on the farmland without a license under subsection (b)(2) is subject to the following conditions:
(1) The nonresident may hunt, fish, and trap on the farmland without a license only if the state in which the nonresident resides allows residents of Indiana who own land in that state to hunt, fish, and trap on their land without a license.
(2) While hunting, fishing, or trapping on the farmland, the nonresident must keep proof that the nonresident owns the farmland (for example, a tax receipt identifying the nonresident as owner) in a place where the proof is readily accessible by the nonresident.
As added by P.L.1-1995, SEC.15. Amended by P.L.139-1997, SEC.1;

P.L.25-1998, SEC.1; P.L.186-2003, SEC.60.



312 IAC 9-2-14 Fishing, hunting, and trapping without a license by owners and lessees of farmland
Authority: IC 14-22-6-1; IC 14-22-11-1
Affected: IC 14-22
Sec. 1. (a) An owner or a lessee of farmland, and immediate family members of the owner or lessee, if exempted under IC 14-
22-11-1, may:
(1) fish;
(2) hunt; or
(3) trap;
on the farmland without obtaining a license under this article.
(b) As used in this section, "owner" means either:
(1) an individual listed on the tax assessment roll and whose name appears on the title to the property;
(2) a business entity whose shareholders, partners, members, or owners are comprised solely of the members of an immediate family.
(c) As used in this section, "lessee" means either:
(1) an individual to whom a lease is made for the farmland and who farms that land;
(2) a business entity to which a lease is made for the farmland and whose shareholders, partners, members, or owners are
comprised solely of the members of an immediate family who farm that land.
(d) As used in this section, "business entity" means:
(1) a corporation;
(2) a limited liability company;
(3) a partnership; or
(4) any legal entity organized for a profitable or charitable purpose.
(Natural Resources Commission; 312 IAC 9-2-14; filed Jun 23, 2006, 2:24 p.m.: 20060719-IR-312050214FRA; readopted filed Nov
24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA)


The entire IAC section pertaining to hunting is available at:

www.in.gov/legislative/iac/iac_title?iact=312&iaca=9

EXACTLY...YOU HAVE TO FARM THE LAND...I had the CO explain it very clearly to me and if you read the law it states clearly , landowners or lesee who own or leese land and who farm that land...period dot..you have to farm that land or you cannot use a landowner tag...

[bigballer]

So if I Timber my land and plant new trees then I am farming it. But the land that I own is not considered Agricultural land! There's a lot of ways to read that list. But I am growing timber. And just to be on the safe side if you plan to hunt somewhere else you will need a tag to do so...

And here's another question. If I shoot a Buck on my land and use a land owner tag what do I do with my firearm tag?

[cambygsp]

The way I understood the law was .......

If you own AND live on the ground you can use an exemption

There is no acre requirement

If you are part of a group that has bought land for rec purposes, you are required to buy a tag.

[swilk]

It is a poorly written law that leaves to much for interpretation.

I called the IDNR phone number listed on the brochure and asked a very nice lady this very same question ....... she called me back the next day with the answer that It doesnt have to be farmed and even those I lease to do not need a license.

Later in the year the local CO gave the exact opposite response when asked the very same question.

[UrbanArcher82]

Alot of confusion and headache that can be fixed with $24......lol

[bigballer]

Actually in my family it would be $165 x 4 people!! Have five Lic for $24 +3 extra doe lic.

[UrbanArcher82]

Yes, never thought of that! Trees and timber is a form of farming I would think so think you would be ok?

[raporter]

And so it goes when legal critters are allowed to write laws instead of real people. It is totally rediculous when two or more people who are being paid to enforce rules come up with completely differing opinions. Get the gray areas out and write them in black and white.

[bigballer]

LOL... Raporter you don't work for the government do you... Don't you know they make rules with gray area so that in case something happened that they don't like they can do something about it. If it was black and white and you did it and they didn't like it then they couldn't do anything about it. But with gray area they can catch more people... Or it also allows them an excape. You know like "oh that's not what I wanted that rule to do".... LOL... Kind of like the new Health deal going on... LOL

Sorry back to topic!

[vectrix]

The good ole american way!

[ridgerunner]

Farming is corn, beans or crops...the intent is to protect your investment of cron and beans I suppose...We had a Co. in my county who for 15 years told me I can use a landowner tag to hunt my or my familys property as long as I lived on the property or owned it...so I used a landowner tag for many years....We get a new CO. and he tells me " the other CO was wrong" you have to farm the land...." do you farm the land"?....I said " no"...then you can;t use the landowner tag...and he told everyone on the county the same thing...another county your CO. might say something different...

[ridgerunner]

Inconsistentcy.....if it was clear they couldn't write as many tickets...like speed traps..

[throbak]

it says OR NOT AND it plainly states landowners OR [,look at definition of OR ],leasees are exempt, look at the word OR