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Bill to treat cultivated land as "posted" sparks questions on visibility, irrigation; House circles measure for refinement
Summary
House Bill 41 would expand the definition of 'posted' land to include cultivated or artificially irrigated pasture, requiring written permission to hunt or fish; sponsors cited Idaho precedent, but lawmakers pressed for clearer definitions on drip irrigation and winter conditions, and the House circled the bill for further drafting.
SALT LAKE CITY — Lawmakers debated a proposal that would treat cultivated land as automatically "posted," meaning hunters and fishers would need landowner permission to enter.
Representative Craig W. Butters, sponsor of House Bill 41, said the bill responds to constituents who face an onerous posting process and would add a definition of "cultivated land" to include soil that is loosened for crops, land used for raising crops, or pasture that is artificially irrigated. "If private property is under cultivation, it should be considered posted so that a sportsman will know ... they need to receive the written permission of the landowner before entering upon that property to hunt or fish," Butters said.
Butters also introduced Amendment No. 1 to rework the bill’s long title and to change the emphasis from prohibiting trespass while hunting on cultivated land to amending posting requirements for entry while hunting or fishing; the amendment passed on the floor.
Several representatives raised practical concerns. Representative Arant asked how members of the public would recognize cultivated land at a distance, noting drip irrigation and small-scale irrigation that "frankly, you might not know that" from the road. Representative Yer asked how the rule would work in winter with snow cover and asked for a clearer definition of "artificial irrigation." Butters said the language is patterned on an Idaho statute used for about a decade and said the House could consider further amendments to make irrigation definitions explicit.
Rather than advancing to final passage, the House voted to circle the bill — a procedural step allowing members time to refine language and educate the public — and urged staff to prepare clearer wording on irrigation and seasonal conditions.
The sponsor said he would be open to targeted amendments to address visibility and irrigation definitions before the bill returns to the floor.
