I built a new blind last season and went out recently to put this years tag on it. Someone ( I assume the land owner) has put a stake in the ground next to it with this seasons tag. Two questions. 1. Will DGIF confirm for me that the tag belongs to the riparian landowner? 2. If they have not built a blind by Nov. 1st, is it legal for me to continue to use the existing blind?
I'm confused, you're hunting on private land, you built a blind, and you THINK possibly the landowner put his tag on/by your blind? Why aren't you asking the landowner what his intentions are? Maybe HE wants to hunt your blind and tagged it (good). Maybe he wants his blind in your spot(bad). Maybe he doesn't intend on giving you permission to hunt his land this year.
If you build a blind in front of someones shoreline and they decide to build a blind or simply just take your blind, there is nothing you can do. They are the riparian owners (or their leasee) and have first chose to license a blind on their property to the water reaches 8 foot in depth or half way across the body of water. Virginia Rules.
Where is the blind? County/City or whatever? Not your specific location. I suggest contacting the DGIF and explain your situation to them.
Riparian Owner's Rights Renewed Annually
If a riparian owner fails to exercise his options, he may elect to do so the following year, thus preempting any rights of nonriparian owners who have erected blinds in the public waters in front of his shoreline.
•Riparian owners, their lessees or permittees: May 1 through June 15; plates with current decal must be affixed to a stake or blind by June 30.
•Nonriparian license for a stationary blind in the public waters previously licensed the year before: July 1 through August 15; plates with current decal must be affixed to a stake or blind by August 31.
•Nonriparian license for a stationary blind in the public waters not previously licensed the year before: September 1 through October 15; plates with current decal must be affixed to a stake or blind by November 1.
•Floating blind licenses: on or after July 1.
•Offshore Blind Stake Site license for nonriparian owner who has not already licensed and erected a stationary blind: November 1-10.
•Offshore Blind Stake Site license for riparian owner who has already licensed and erected a stationary blind: November 11-15
Rights of Riparian Landowner
The owners of riparian rights or their invitees shall not be required to obtain a stationary blind license when hunting waterfowl from such a blind located on the riparian owner's property. However, a stationary blind license shall be required in order to afford the riparian owners the protections provided by Virginia law. The owner of riparian rights, his lessee or permittee has exclusive privileges of licensing blinds on his shoreline and prior rights of licensing and erecting blinds in the public waters in front of such shoreline. These blinds shall not be located in water deeper than eight feet at mean high tide, nor shall they be farther than halfway across the body of water from the riparian owner's shoreline, except on the shores and waters of Back Bay in the City of Virginia Beach where such blinds are limited to (i) the riparian's shoreline at the mean low water or (ii) blinds erected and licensed by the riparian owner in 2011. No other blind may be located within 500 yards of this stake or blind without consent of the owner, permittee, or lessee. Where the lands of two property owners adjoin, each may place blinds on his property or in the public waters in front of his property without regard to the placement of blinds on his neighbor's property.
Rights of Non-riparian Owner
Although the law states that a riparian owner who does not license a blind on his shore by June 30 forfeits the privilege for that season, it does not mean a nonriparian owner can erect or license a blind on the property of another without permission. If a landowner has not licensed a stake or a blind by June 30, a nonriparian owner may license a location in the public waters in front of such land, providing no other location within 500 yards has been so licensed. Again, such blind cannot be located in water in excess of eight feet in depth at mean high tide. A nonriparian license for a blind that was licensed the previous year can be purchased from July 1 through August 15, and a plate with current decal must be affixed to a stake or blind by August 31. A nonriparian license for a blind not previously licensed the year before can be purchased from September 1 through October 15, and a plate and current decal must be affixed to it by November 1.
Of course, if a location is secured through agreement with a riparian landowner having control of the near shoreline, the site may be licensed as applies to a permittee or lessee of a landowner. A nonriparian owner, having licensed a blind in a given location, has first option to license such blind each year unless the riparian landowner having claim to that location exercises his right to license it.
I have blinds on Back Bay and with last years changes, there has been a fire storm of activity and fighting on the bay over locations and blind "ownership".
Feel free to PM me or email firstname.lastname@example.org if I can do anything to help.
Thanks Dave. I knew when we built the blind last year that we may possibly lose it this year. I have gotten the name of the guy who tagged it and hopefully I can reach out to him and work somethng out. I have a feeling he is simply staking it to keep us from hunting though. I am still unclear on this...If he does not build a blind as defined by DGIF by November 1st, is it legal for us to continue to use our existing blind? I have been told in the past that if someone tags a spot but never builds an actual blind, it is legal to float hunt within the 500 yard limit. Is this true for my stationary blind as well? The location is King William.
I am not up to speed on the specific regulations in KW county. Contact the local CPO and ask his direction. I would not draw too much attention to the fact he has not built the blind until it is too late for him to do so. It is a gamble. If the blind is not erected, it is not a blind; HUNT AWAY. Just make sure the CPO's cell number is in your phone when the land owner comes out wanting a fight.
You could also turn this into an option of leasing the land from the owner or asking if there is another place he would not mind you hunting. Just a thought. Good luck.
If it is in King William you are lucky you got to hunt it for a year. The rivers in King William are tagged tighter than dicks hatband. If it is not the landowner who put the tag on blind I think you had the first chance to tag the blind.
If it's the one I saw today while fishing, it was a bad location anyway. Your only shots were heading straight across to some houses. That may be why someone put up a stake. The homeowners most likely contacted the landowner and complained.
landowner has rights to the water in front of their property regardless of tagging or not. DNR officer told my dad that he doesnt need a license for the blind it just helps protect you under the license laws. having a problem with someone trying to build a blind within 250 yards of his property now. they already have a blind thats borderline too close but i guess they wanted to get into some deeper water. Im not going to tolerate this time because this guy already has several blinds around [guide] nothing like being greedy. funny thing is he knows he's too close and knows my dad. you'd think he would have at least asked before putting a lot of effort into building the platform.
You built a new blind in King William last year!? YOU LUCKY!
If the tagged stake is not replaced by a tagged blind, built to the specifications outlined in the legislation, by November 1, then you may continue to hunt your blind.
If he does build a blind, you are effectively locked out of the spot unless he decides to let you use it.
This is the EXACT reason why you have to be careful licensing a non-riparian blind. Landowners see it as a threat and will immediately build their own blind to lock up the water. If you instead hunted the spot out of a floater, they would be much less likely to go to such extreme measures and lock up the area. Many folks in the tidewater area who own waterfront land are seasonal, and may not even be there often in the winter. Being a floater and being able to come and go are very important when dealing with angry riparian owners.
I hunted a creek for years out of a floater and for some asinine reason, decided to put a non-rip stationary blind on it. It got cut down at the waterline not long after. The landowner built a blind and another landowner put up huge signs advertising his property as a baited shoreline. That creek will never be hunted for years to come. Dumb move on my part, and I completely deserve it for being foolish with how I presented myself. That stationary blind you put up is much more of an offensive move than the occasional float hunt.
I wish you luck, and if all else fails, there's this....
If you are clueless to how the blind laws work why respond with an atitude? Makes you look like a moron with a chip on his shoulder.
Originally Posted by uncljohn
Capt. Ahab...its illegal to feed the critters after Sept. 1. Call it in bud.