Landowner Musts During Hunting Season
to public lands, some hunt on private property—making it important for landowners to understand their rights and responsibilities. The Pennsylvania Game Commission spells out facts about the commonwealth’s Hunter Access Program and what it means for all involved.
Begun in 1936, the Hunter Access Program enables landowners to open millions of acres for hunting and trapping. Under the program, landowners sign a term-lease agreement with the Pennsylvania Game Commission, providing reasonable access to their property during hunting season. In return, they receive incentives such as habitat management assistance, discounted hunting licenses, free seedlings, and even patrols by game wardens to help prevent trespassing and illegal activity.
What’s important to note is that “reasonable access” doesn’t mean open season without rules. Landowners can set limits on the type of game that can be hunted, where hunting can occur, and even require hunters to get permission before stepping foot on the property. They can also request free signage to clearly mark the property and guide hunters to appropriate access points.
Participation in the program does come with a few obligations:
- Providing access for at least two categories of hunting (such as deer, turkey, small game, or trapping).
- Acting to enforce any restrictions that have been set.
- Allowing the property to be marked on the commission’s map (without revealing personal information).
Liability Protection: What the Law Says
One of the top concerns for landowners is liability and if someone were to get hurt while hunting on private land. Pennsylvania’s Recreational Use of Land and Water Act (RULWA) offers significant protection. If you allow public recreational use of your land without charging a fee, you:
- Owe no duty of care to keep it safe for those visitors.
- Don’t have to warn them about hazards.
- Have immunity from negligence claims (though lawsuits can still be filed).
This immunity applies not just to landowners, but also to tenants, hunt clubs, and others in control of the property — provided the land is largely in its natural state.
Whether you join the Hunter Access Program or allow hunting through private arrangements, it’s important to clearly communicate rules, mark property boundaries and – above all - understand your rights under RULWA.
A little preparation can go a long way toward protecting your property, your peace of mind, and your legal rights. If you or a loved one has been injured on a property where you believe the owner was negligent to their required duty of care, consider speaking with someone at a top Philadelphia premises liability law firm. Contact us to set a time to meet and discuss the unique details of your situation.