6 Things Alabama Law Lets a Landowner Do When Hunters Cross the Property Line

Finding strangers hunting on your land can leave you feeling frustrated and stuck.

Alabamians who own land have more options than they might think, and some are pretty simple.

Here’s what landowners can do, and where the limits are.

Note: This is general information, not legal advice. Hunting rules and penalties are subject to change, so confirm the current requirements with the Alabama Department of Conservation and Natural Resources.

1. Saying No to a Retrieval

If a hunter’s wounded deer runs onto your land, rule 220-2-.13 gives that hunter no right to follow it there.

That conservation regulation makes it illegal to kill or cripple game without a reasonable effort to retrieve it.

It also says nothing in it permits anyone to enter another person’s land to retrieve game "without the permission of the landowner."

That call belongs to you.

Archery season is open in every zone by October 15, so a hunter can be trailing a wounded deer onto your land before gun season starts.

2. Requiring Written Permission

You can require every hunter on your land to have your written permission.

Under Section 9-11-241, a hunter needs either that permission or your company between the hours of daylight and sunset.

Skipping it is a misdemeanor.

A first offense brings a fine of at least $1,000.

A judge can also revoke the hunter’s license privileges for up to a year.

A second offense brings a fine of at least $2,000, a year without hunting privileges, and 10 to 30 days in the county jail.

The statute exempts your family members, guests, servants and agents from the permission requirement.

Between sunset and daylight, Section 9-11-242 sets the same permission rule and the same fines.

It doesn’t apply to fox hunting with dogs exclusively or to raccoon and opossum hunting with dogs only.

3. Marking Trees With Purple Paint

You can tell hunters to stay out with purple paint marks on your trees or posts, and signs work too.

Each mark has to be a vertical line at least eight inches long and an inch wide.

The bottom of the mark has to sit three to five feet off the ground.

The marks have to be readily visible to anyone approaching your property.

You can space them up to 100 feet apart on forest land and up to 1,000 feet apart on other land.

Alabama’s trespass law treats unimproved and apparently unused land that is neither fenced nor otherwise enclosed as open to enter until the owner gives notice against trespass.

4. Telling Hunters in Person

You can warn hunters off your land yourself, and Alabama’s trespass law treats that as notice against trespass.

The statute defines notice to include a warning that you, or someone you’ve authorized, communicates to the hunter personally.

A hunter who stays after that warning commits criminal trespass in the third degree.

Third-degree trespass is a violation, with a fine of up to $200.

The criminal code defines a violation as an offense that can bring no more than 30 days in jail.

5. Refusing Deer Dogs Near Talladega

If your land is within a mile of the Talladega National Forest, you can refuse hunters’ deer dogs.

Within that distance, rule 220-2-.112 makes it unlawful to let a deer-hunting dog enter, cross or remain on your land without written permission.

That permission has to come from you or your lessee.

Each person using dogs on your land has to carry that permission and show it to a Conservation Enforcement Officer on request.

A paper copy, an email or a text all work.

A first violation brings a written warning, and later violations can bring a citation.

6. Fencing Your Land

If you fence or enclose your land to keep intruders out, hunters who knowingly enter or stay unlawfully face a higher charge.

Alabama’s second-degree criminal trespass law covers land fenced or enclosed in a manner designed to exclude intruders.

Second-degree trespass is a Class C misdemeanor. Section 13A-5-12 sets the maximum fine for that class at $500.

That is $300 higher than the $200 maximum for a violation, the class of third-degree trespass.

Creek Banks and Fur-Bearers

Section 9-11-243 lets you require written permission from anyone who hunts or traps fur-bearing animals on your creeks, rivers and ponds.

The requirement applies on the water and within 10 feet of its banks.

Accompanying the hunter or trapper works in place of written permission.

A violation is a misdemeanor with a fine of $10 to $50 for each offense.

That is far lower than the $1,000 minimum under Section 9-11-241, but the permission requirement is the same.

Public Roads and Rights-of-Way

A separate rule, Section 9-11-257, covers hunters who hunt from a public road along the edge of your land.

It bars hunting or firing a gun from, upon or across a public road, highway or railroad.

Exceptions cover a law enforcement officer on duty and a person otherwise authorized by law.

A road isn’t a loophole.

The rule also sets a 50-yard zone around public roads, highways, railroads and their rights-of-way.

Within it, hunters can’t use a centerfire rifle, a shotgun loaded with slugs or shot larger than number four shot, or a muzzleloading rifle of .40 caliber or larger.

The 50-yard limit doesn’t apply to you or your immediate family hunting on your land.

Violating it costs at least $1,000 for a first offense.

A second offense costs at least $2,000 and a year without hunting license privileges.

Calling Operation GameWatch

During daylight hours, hunting on someone's land without written permission or the owner's company breaks Section 9-11-241.

Operation GameWatch is the state's line for reporting game-law violators.

You can reach it at 1-800-272-GAME.

The program's page lists the line as open 24 hours a day, seven days a week.