Cutting Vegetation?

Doug Hansen

New member
I need to get some grass to help build my blind and I had a local hunter warned me not to get caught harvesting vegetation. Is this illegal? I know I don't own the grass and I'm really not sure who does but can I really get into trouble doing this? Is the issue a matter of what grass or more one of where the grass is?

Do I check with the NYSDEC? The Harbor Master? The County Police?

For the record I haven't done anything, anywhere yet.

Thanks,
Doug
 
Doug,

That's a well timed question. Too bad I don't have an answer. I've often wondered if it was legal to cut cattails on state land or use bullrush to hide a blind on Federal land. Does any one know? If I get time I'll call the local DNR station at our state park and ask one of the rangers. Anyone else have any experience with this?
 
Can't say about the legality of cutting grass but if it is OK then get your hands on a gas powered hedge trimmer, you can cut a bunch of grass in a big hurry!!!
 

The other NY hunter probably gave you some very good advice. I'm sure every state is different concerning what and where you can harvest local vegetation.

In Iowa, on any public land, with few exceptions, the only thing that is legal to cut is willows. I'll be the first to say that this particular regulation gets ignored more than not. Deer hunters here have been ticketed for too much trimming of "shooting lanes" on public land.
 
I think I'm going to start small and ask the Harbor Master. If he says it's OK then I'll do it in his harbor right under his watchful eye. If he says no I'll ask someone somewhere else.

I love the gas trimmer idea. I think my Uncle just bought one. I may have to give it a go. I wonder if they make them in four-stroke...LOL!


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From a Federal perspective the question is are you manipulating food plants? If you are cutting and scattering food plants then you are potentially subject to the baiting regulations. However, if it is cattail and phragmites then I wouldn't worry about it. Clearing landing zones in smartweed or Japanese millet would likely get you a ticket if you scatter seed, cutting cattail heads to camo your blind wouldn't. My suggestion is that you talk to either a state or Federal LE type about your specific situation. The specific Federal regulations are from 50 CFT 20.21.

"Migratory birds on which open seasons are prescribed in this part may be taken by any method except those prohibited in this section. No persons shall take migratory game birds: ...
(i) By the aid of baiting, or on or over any baited area, where a person knows or reasonably should know that the area is or has been baited. However, nothing in this paragraph prohibits:
(1) the taking of any migratory game bird, including waterfowl, coots, and cranes, on or over the following lands or areas that are not otherwise baited areas—
(i) Standing crops or flooded standing crops (including aquatics); standing, flooded, or manipulated natural vegetation; flooded harvested croplands; or lands or areas where seeds or grains have been scattered solely as the result of a normal agricultural planting, harvesting, post-harvest manipulation or normal soil stabilization practice;
(ii) From a blind or other place of concealment camouflaged with natural vegetation;
(iii) From a blind or other place of concealment camouflaged with vegetation from agricultural crops, as long as such camouflaging does not result in the exposing, depositing, distributing or scattering of grain or other feed; or
(iv) Standing or flooded standing agricultural crops where grain is inadvertently scattered solely as a result of a hunter entering or exiting a hunting area, placing decoys, or retrieving downed birds.
(2) The taking of any migratory game bird, except waterfowl, coots and cranes, on or over lands or areas that are not otherwise baited areas, and where grain or other feed has been distributed or scattered solely as the result of manipulation of an agricultural crop or other feed on the land where grown, or solely as the result of a normal agricultural operation."
 
Depends on where you are & what you are cutting.
Down here, no once could care less if you are cutting phramites for a blind, even on the WMAs, its everywhere and will grow back next year.
Unless of course you are trespassing, then that is an issue in itself.
Under Fed wetlands rules (Corps), cutting wetland vegetation does not require a permit as long as you dont dredge or fill in the process. Your state or local rules might differ. Here, we go by the Fed rules
If you are on public lands, then you need to check the rules for that specific spot. On our WMAs, no worries about cutting cane, but you will get in trouble for cutting native trees down.
 
FYI: In Michigan it is illegal to cut/destroy plants, trees, ect. on state land. Most game wardens do not get real excited about a few cut limbs or cattails. I will say that if a person starts cutting vegetation, a game warden would notice and look for other violations. Having worked with many Michigan Conservation Officers, I would say a citation would be a definite maybe. If an officer were responding to a complaint, the officer would almost have to follow through and cite the individual. I avoid cutting anything on Public Land.
New York
&
trapping Hunting
2 0 0 8 - 0 9 O F F I C I A L G U I D E t o law s & R egulat ion s

V olum e 2 , I s s ue No. 1 , O c t o b er 2 0 0 8
Remember, it is unlawful to​
•​
Cut or injure trees (including construction
of permanent tree stands, construction of​
natural blinds, clearing of shooting lanes​
around portable stands, placement of nails​
or other hardware into trees, or use of live​
trees as targets while sighting-in firearms).​
I am sure the same is true for most plants and flowers. For a good reason, just think about the wild flower fanatics or wreath makers. A small number of energetic harvesters could clear an area in no time.
You should be able to get a copy of the State Land Rules. Our MDNR has them availible on with the web.
Try the local private land owners.
Good Luck,
Scott​

 
Also need to think of invasive species. Some they don't want cut unless dead and won't spread the seed.Trim up the trees in your yard and use the little branches..the leaves will turn colors as the season warrants.
 
Doug

See if you can find some ornamental grasses (miscanthus, pennisetum, etc. but NO pompous grass unless you like cut hands and seeds in your eyes) growing in your area in someone's yard or at places of business as part of the landscaping. Get permission to cut and remove it during the Fall when it is normally trimmed back. I did this for several years until the plants in my own yard became big enough to sustain my boats over the season. I'll post some pics later. My own stash has grown considerably this summer since we got good rainfall since last spring. One thing I would do when I asked permission was not to tell them is was for hunting camo. You never know when someone will frown on that use. I just told them it was for a project and I would clean up any clippings. I was never turned down perhaps becuase I saved them the expense or trouble of doing it.
 

I'm not sure about this one. I don't cut grass off the wetlands, because we are loosing alot fast. So, I use and alternative and find the grass bundles along the RR tracks, along Sunrise Hwy and where ever they are not near a wetland. I don't know the name of the grass species but it has lasted several years for me ( It's garaged).

If you look at my avatar (image at the side) you'll see the grass that I've used. DEC hasn't said anything to me about it but I'm wondering if it is illegal. One thing for sure it's not the really illegal grass you see on cops :0)
 
holy smolly is this THE Doug Hansen? How's your better half, Axel? I just road out to Iowa with Fred and asked if he's heard from you lately. How ya been?
 
Yes Bill, small world we live in. It's good to see I'm among friends. Cato looks great in your avatar, btw. I'm just trying to get ready for the upcoming season. How are your dekes? I joined deersearch.org and took the leashed tracking dog test for the NYSDEC. Axle should be leading me to wounded and lost deer this year. I'll have to send you an email, I have a question about an old SXS.

I like the idea of not getting the grass from the wetlands. I do know of a couple of spots that I could use but the access isn't as easy. Then again, most times the easy thing isn't the right thing to do. I just have it in my head to use natural vegetation.

Thanks,

Doug
 
just don't use phargmites, that would get you in trouble and bad for the wetlands. If its native vegetation I don't see the problem, but I beleive all states are different though.

Thats awesome on deersearch, we don't have an org like that down here but I have let people know that I can try. Decoy production has slowed, been helping Fred train 3 dogs for the VGP, apprenticed 3 HZP's all ready and hunting a little bit has taken some carving time away. Are you still at xxxx@optonline.com, thats the email I have for you? if not send me a pm with your current address and then ask away.

BTW are you going down to the tuckerton, NJ show at all? not sure how far that is for you, I think I am heading up on sunday.

bill
 
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