# CFA Lands, additional hunting restrictions



## Nick Adams (Mar 10, 2005)

Lands enrolled in the Commercial Forest Act must remain open to hunting and fishing by the general public. Is the CFA landowner allowed to place restrictions on that hunting activity over and above what is permitted under state hunting rules?

Example: There is a block of land near me enrolled in CFA. The landowner has the property signed with something along the lines of 'Hunting permitted, motorized vehicles/ATVs prohibited, no baiting, no permanent or portable blinds'.

I'm not complaining about this landowner. In fact, I enjoy hunting there under these restrictions. I'm just wondering if anyone has a reference to state law that clarifies whether additional restrictions on public hunting are allowed under CFA.

-na


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## 2tundras (Jan 11, 2005)

CFA forbids owners of this type of land from denying general public the privilege of hunting and fishing. That part you know.

However, there exist a set of regulations governing CFA land and there exist case law that ultimatly governs the matter. These regs/case law allow CFA fee holders to erect gates across roadways or to ban motor vehicles from the property. All they are required to do is allow you access. That is the extent of their ability to impose upon you a given restriction.

I am not aware of any regulation allowing a CFA fee holder to restrict you more than what State fish & game law does.

But, this is not legal advice upon which you can rely, so I would not take it to the bank. You are better off reading MCLA 324.51113, its case law, and the regulations promulagated by the commission.


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## Avidhunter (Feb 23, 2004)

Actually.... from the Hunting and Fishing Guide "Camping, tree stands,construction of blinds, the use of ORVs and vehicles, the use of materials that may harm the value of trees or create a potentially hazadous wood-harvesting condition, and the cutting or destruction of brush, trees, or other plants for any purpose is prohibited unless you have the owner's permission." 

Being a general guide, I would assume that there are other possible restrictions that a land owner can impose. A fellow would probably need an attorney to decipher it though. :yikes: Jody


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## woodsrat (Jan 4, 2005)

Avidhunter said:


> Actually.... from the Hunting and Fishing Guide "Camping, tree stands,construction of blinds, the use of ORVs and vehicles, the use of materials that may harm the value of trees or create a potentially hazadous wood-harvesting condition, and the cutting or destruction of brush, trees, or other plants for any purpose is prohibited unless you have the owner's permission."
> 
> Being a general guide, I would assume that there are other possible restrictions that a land owner can impose. A fellow would probably need an attorney to decipher it though. :yikes: Jody


This is correct. Day use only on CFA lands. No ORV's, camping, tree cutting of any kind (even saplings for shooting lanes), construction of blinds etc.


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## boehr (Jan 31, 2000)

Based on the questions in the first post, yes they can restrict it.


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## Bobby (Dec 21, 2002)

One thing to keep in mind, CFA land is private land. There are tax advantages to enrolling in CFA, but this is Commercial Forest Land. To enroll the land owner must hire a registered forester, produce a management plan and abide by that plan. Access for hunting and fishing is all that is required. If you want additional 'use' camping etc. I would contact the owner and ask.
I have 175 acres enrolled in the program and I do not want lane cutting, blind building or camping. Someone built one blind with a bunch of scrap wood and torn tarps and junk like that. I don't like it, I don't want it. This was done before I purchased the property, but it looks like crap. I don't restrict motorized access on my property, on the trails on the property, but if I get any off roading I will. This is an investment for me and I don't want it torn up, cut down or degraded.


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## Nick Adams (Mar 10, 2005)

Since posting the orginal question I've discussed this in person with several state/recently retired state people responsible for law enforcement or administration of CFA contracts.

They appear to be unanimous in the opinion that additional restrictions on CFA lands over and above what the hunting regulations permit are allowed, based on the principle that not everything allowed by the hunting regs are strictly necessary to the act of hunting (e.g. baiting, blinds, etc).

Thanks to those who replied.

-na


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