I was curious to know if it is legal to set some muskrat floats in the culverts that go under the roads around some of the lakes and creeks here in NY. Most of them look like prime spots to set for muskrats/mink. Just wondering if anyone knows what type of permission is needed weather its from the state, landowner, or DOT.

I don't know the details for sure, but it is legal in New York to set traps in culverts under the road. As for permission I have not heard of needing permission from the state or Dot. As for the landowner, I'm not sure. I've heard that you have 15" from the edge of the road, but better yet I would get permission from the landowner or check the reg with your local ECO.

Here is what I have been told by a local C.O. Yours may interpret the law differently so please ask them and don't go by what our local one explained to me. I was running a pretty good line of modified bucket cubbies and 160's in all the Coon runs under the roads locally, and had been for many years without an issue. One day I got stopped and checked out by the CO, no problems, but he asked me to pull a couple sets I had under a particular culvert. He said the people that owned that side of the road weren't fond of trapping and he knew them. Eventually they were going to call him. I explained it wasn't posted, and I had been there for years without an issue. He said, it was supposed to be posted, and would I please remove them even though it was not. I told him of course I would. He explained that if the property on the side of the culvert was not posted, he didn't have a problem with us setting under the roadway. If either side was posted, he suggested we get permission from the landowner before setting it. Not exactly sure what the legal requirements are, but this was his recommendation. Hope this helps.

Thanks to you both. I will contact my local ECO and see what he says. I planned on it anyway but was curious if anyone had any experience with this. Thanks again

Being a land owner and one that owns land that touches a road, I would suggest getting permission. You may very well be on dot property and legal but it would be best to get permission. Better to be safe than to put a black spot on our sport.

I would ask the landowner. Who knows, you might just get asked to trap the big pond out back!