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Thread: 1/4 mile rule

  1. #1
    Member alaskankid13's Avatar
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    Default 1/4 mile rule

    After debating with several friends, reading over forums, etc the 1/4 mile rule remains a vague rule in the regs.

    Reading other forum members misfortune of getting a ticket from the troopers when they did their research and believed themselves to be in the right as they were 1/4 mile from a publicly maintained road or trail. However the law sees it differently.

    I too received a ticket a few years ago for being too close to a publicly maintained road.

    This “road” had 4-6ft willows and alders growing down the middle. Was gated off. The only folks with access were the troopers and the logging company using the beginning section of the road(I was 1/4 mile from any maintained part of the road).

    Google earth, the gps, maps, etc all told me that this was not any sort of established road other than a logging road.

    After researching the definition of “publicly maintained” I discovered there is not really any set definition. Only that publicly maintained means it has state taxpayer dollars being used to maintain it so that it is suitable for driving a highway vehicle on.

    Therefore as I saw the overgrown road it was not “publicly maintained”...troopers said otherwise. Lesson learned, haven’t had any other problems moving forward.

    Looking on google earth at other potential spots and all. It still causes me to worry however when one trooper could say this is a road when no other documentation says otherwise.

    Just curious how you guys have been able to define if you’re access point, trail, road, etc is a publicly maintained trail, etc?

    One of those grey areas. I.e. powerlines,
    Logging roads, etc.



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  2. #2
    Member BRWNBR's Avatar
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    Default

    Regulation is a Latin word for “gray area” me thinks.
    Also you can get different interpretation from different LEO’s which makes it even harder. Best bet I’ve found is to contact the trooper that patrols the area your baiting and speak directly to him since he will be the guy checking your sight.
    I had a trooper check my sight once. I had a white trash bag tied up in the tree above my bait. Trooper left a note that said plastic is not allowed at bait sights. Email with questions. Left that note for me. In. A. Plastic. Bag.
    I emailed asking for clarification since that’s not mentioned in the reg. They never responded.
    Www.blackriverhunting.com
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  3. #3
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    Default

    "I had a white trash bag tied up in the tree above my bait. Trooper left a note that said plastic is not allowed at bait sights. Email with questions. Left that note for me. In. A. Plastic. Bag.
    I emailed asking for clarification since that’s not mentioned in the reg. They never responded. "

    Lol!! Irony defined!

  4. #4
    Member Daveinthebush's Avatar
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    Default

    We are right back to the reg book statement: This is a collection of some of the regulations........ simplified and interpreted for your use....
    And, what was the intent of the law...

    Vietnam - June 70 - Feb. 72
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  5. #5
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    Default

    A few years back I was questioned on the 1/4 mile rule. The trooper called me at home on a Sunday morning to talk about it and told me to get all my stuff out of there or I would get a ticket. I returned with some questions as the site he described did not sound like it was mine. In a nut shell, he wasn't at a site at all and just looked up hunter permits in the area and was making the rounds over the phone. The area I was in is not considered a maintained road and talked to the trooper a week later while he was going to check his newly placed bear bait about it..... I would say if there is trees growing down the middle even if you got a ticket you could fight it.

  6. #6
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    Default

    Quote Originally Posted by BRWNBR View Post
    Regulation is a Latin word for “gray area” me thinks.
    Also you can get different interpretation from different LEO’s which makes it even harder. Best bet I’ve found is to contact the trooper that patrols the area your baiting and speak directly to him since he will be the guy checking your sight.
    I had a trooper check my sight once. I had a white trash bag tied up in the tree above my bait. Trooper left a note that said plastic is not allowed at bait sights. Email with questions. Left that note for me. In. A. Plastic. Bag.
    I emailed asking for clarification since that’s not mentioned in the reg. They never responded.
    I think the problem was that it should have been an ophthalmologist checking your sight, not a trooper. Sorry, just couldn't resist.

  7. #7
    Member BRWNBR's Avatar
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    Quote Originally Posted by NRick View Post
    I think the problem was that it should have been an ophthalmologist checking your sight, not a trooper. Sorry, just couldn't resist.
    I guess it may have been an eye doctor actually. They just left a troopers card. I didn’t actually seeee the trooper.
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  8. #8
    Member willphish4food's Avatar
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    Quote Originally Posted by alaskankid13 View Post
    After debating with several friends, reading over forums, etc the 1/4 mile rule remains a vague rule in the regs.

    Reading other forum members misfortune of getting a ticket from the troopers when they did their research and believed themselves to be in the right as they were 1/4 mile from a publicly maintained road or trail. However the law sees it differently.

    I too received a ticket a few years ago for being too close to a publicly maintained road.

    This “road” had 4-6ft willows and alders growing down the middle. Was gated off. The only folks with access were the troopers and the logging company using the beginning section of the road(I was 1/4 mile from any maintained part of the road).

    Google earth, the gps, maps, etc all told me that this was not any sort of established road other than a logging road.

    After researching the definition of “publicly maintained” I discovered there is not really any set definition. Only that publicly maintained means it has state taxpayer dollars being used to maintain it so that it is suitable for driving a highway vehicle on.

    Therefore as I saw the overgrown road it was not “publicly maintained”...troopers said otherwise. Lesson learned, haven’t had any other problems moving forward.

    Looking on google earth at other potential spots and all. It still causes me to worry however when one trooper could say this is a road when no other documentation says otherwise.

    Just curious how you guys have been able to define if you’re access point, trail, road, etc is a publicly maintained trail, etc?

    One of those grey areas. I.e. powerlines,
    Logging roads, etc.



    Sent from my iPhone using Tapatalk Pro
    Ever heard the expression "throwing mud at the wall to see if any sticks?" That sounds like what the trooper was doing. If you took it to court with your explanation and good photos for the judge, it would most likely be thrown out. Odds are though, you will just suck it up and pay the fine, assuming the trooper knows more about it than you do. Maybe he does, maybe he doesn't. His job is to write tickets for perceived violations; if you perceive things differently, a judge usually has to sort it out, as very few troopers will back down from a decision once made. Troopers cannot be experts on all areas of the law: there are millions of words that make up the various laws they are tasked to enforce. I'm not trying to downgrade troopers; just there is a misperception out there that the trooper is a judge and jury. He's not. Not his job. He makes an observation, and based on his perception of what took place, decides to write a ticket, drive on, or give a verbal warning. The law is actually pretty clear; road must be maintained, and it must be a public roadway, maintained with public funds.

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