Legal to Hunt Posted Lands When Inundated With Flood Waters?

February 3, 2010

Question: Every waterfowl season, whenever there are heavy rains and flooding, the question comes up as to whether we can hunt lands that are temporarily inundated with flood waters. Can we lawfully go into an area that has been traditionally posted but is now flooded?  (Steve B.)

Answer: According to Capt. Mark Lucero, you can lawfully pass into flooded areas as long as you are not in violation of section 2016 of the Fish and Game Code, which is the hunter trespass section. This section says that if an area is posted with signs forbidding trespass that are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering such lands, then a person may not hunt this property even if the land is temporarily inundated by flood waters.