Section 23A-5-317 - [Effective 1/1/2025] Posted property - Hunting by permission - Entry on private land while hunting or fishing - Violations - Penalty - Prohibitions inapplicable to officers(1) As used in this section:(a) "Cultivated land" means land that is readily identifiable as: (i) land whose soil is loosened or broken up for the raising of crops;(ii) land used for the raising of crops; or(iii) pasturage which is artificially irrigated.(b) "Permission" means documented authorization from the owner or person in charge to enter upon private land that is either cultivated or properly posted, and shall include:(i) the signature of the owner or person in charge;(ii) the name of the person being given permission;(iii) the appropriate dates; and(iv) a general description of the property.(c) "Properly posted" means that signs prohibiting trespass or bright yellow, bright orange, or fluorescent paint are clearly displayed: (i) at the corners, fishing streams crossing property lines, roads, gates, and rights-of-way entering the land; or(ii) in a manner that would reasonably be expected to be seen by a person in the area.(2)(a) While taking wildlife or engaging in wildlife related activities, a person may not:(i) without permission, enter upon privately owned land that is cultivated or properly posted;(ii) enter or remain on privately owned land if the person has notice to not enter or remain on the privately owned land; or(iii) obstruct an entrance or exit to private property.(b) A person has notice to not enter or remain on privately owned land if: (i) the person is directed to not enter or remain on the land by: (A) the owner of the land;(B) the owner's employee; or(C) a person with apparent authority to act for the owner; or(ii) the land is fenced or otherwise enclosed in a manner that a reasonable person would recognize as intended to exclude intruders.(c) The division shall provide "hunting by permission cards" to a landowner upon the landowner's request.(d) A person may not post:(i) private property the person does not own or legally control; or(ii) land that is open to the public as provided by Section 23A-6-402.(3) A person who violates Subsection (2)(a) or (d) is subject to the penalty provided in Section 23A-5-301 and liable for the civil damages described in Subsection (7).(4)(a) A person convicted of violating Subsection (2)(a) may have the person's license, tag, certificate of registration, or permit, relating to the activity engaged in at the time of the violation, revoked by a hearing officer.(b) A hearing officer may construe a subsequent conviction that occurs within a five-year period as a flagrant violation and may prohibit the person from obtaining a new license, tag, certificate of registration, or permit for a period of up to five years.(5) Subsection (2)(a) does not apply to peace or natural resources officers in the performance of their duties.(6)(a) The division shall provide information regarding owners' rights and duties: (i) to anyone holding a license, certificate of registration, tag, or permit to take wildlife; and(ii) by using the public media and other sources.(b) The Wildlife Board shall state restrictions in this section relating to trespassing in the hunting and fishing proclamations issued by the Wildlife Board.(7) In addition to an order for restitution under Section 77-38b-205, a person who commits a violation of Subsection (2)(a) or (d) may also be liable for: (a) the greater of:(i) statutory damages in the amount of three times the value of damages resulting from the violation of Subsection (2)(a) or (d); or(b) reasonable attorney fees not to exceed $250, and court costs.(8) Civil damages under Subsection (7) may be collected in a separate action by the property owner or the property owner's assignee.Amended by Chapter 80, 2024 General Session ,§ 5, eff. 1/1/2025.Amended by Chapter 347, 2024 General Session ,§ 20, eff. 7/1/2024.Renumbered from § 23-20-14 and amended by Chapter 103, 2023 General Session ,§ 139, eff. 7/1/2023.Amended by Chapter 87, 2022 General Session ,§ 1, eff. 5/4/2022.Amended by Chapter 268, 2012 General Session ,§ 1, eff. 5/8/2012.Amended by Chapter 297, 2011, 2011 General SessionThis section is set out more than once due to postponed, multiple, or conflicting amendments.