Do you have experience trapping rail road right-of-way? I have a farmer wanting me to beaver trap a creek that goes under a trestle on his property. He made it sound like I should use the short RR bridge as access. BUT, a trapper was telling me RR ROW laws are extremely tough, and have gotten stricter.
I wonder how one is to even figure out the laws that may apply to RR's, and if those laws might vary by State

I'm sure someone from the western part of the state will chime in with more information, but it's my understanding the RR companies don't even allow foot access by hunters/trappers/fishermen/pedestrians, even if it's just to cross the tracks. Not sure how that would apply to trapping below a RR bridge, but I'm sure if you could find a way to contact the RR company and ask, they would say no way and probably threaten you with a ticket if you step foot on the ROW.

I would stay away from any RR whether it has tracks still on it or not, unless the landowner has purchased the old tracks from the RR company. Anyone I've ever talked to that's been involved in the RR has stated they will prosecute to the best of their ability on trespassing charges.

The RR should be happy to get rid of the beavers. If you talk to them, you might get permission to some other places too.

Rail roads are a pain to deal with. Here they even tag the power line guys who have to maintain their power lines that run along the tracks (no Joke).

I was doing some beaver work a few years ago in an adjacent property and noted the beaver had dammed the inflow under their bridge. I got in contact with the RR and they wanted them removed also. It was a short walk down the RR tracks to their beaver. They wanted to set up a scheduled time as they had to escort me down the tracks with flaggers. I told them they can find someone else.

That said, I spent my entire youth trapping along RR tracks....but perhaps that was a different (more forgiving) time.

I'll be crossing tracks this season to access public lands and waters. And I'll take jail time over paying the ticket.

Until our governor grows a pair and deals with this issue effectively, sportsmen and women are screwed in this state.

If yo want to know the law for you state check out the link below: also note the recovery comment for hunters.


https://www.fra.dot.gov/StateLaws

TRESPASSING:
In most states, it is illegal to cross train tracks at any other place than a railroad crossing. Train tracks and the property near them are owned by the railroad company, and most of the railroad companies post No Trespassing signs prohibiting being on their property at any time.
HUNTERS ARE TRESPASSERS, TOO
States often encourage private property owners to give access to hunters, but that doesn't include rail lines. The FRA, in its analysis of the model code, points out that a hunter shooting from railroad property to another location, or shooting from another location onto a rail line, are both considered trespassing. "Should the hunter be so lucky as to successfully shoot a prey from a safe and lawful location, he or she would then probably have to enter upon the railroad property to get the carcass," according to the FRA website.
FACING THE JUDGE
Trespassing on railroad property is usually a misdemeanor, with penalties ranging from $100 to $1,000, and some jail time, depending on the state. If your trespass results in the injury or death of someone else, you could face felony charges. If you vandalize railroad property, such as painting graffiti on rail cars, you could face other charges.

Oh, I see that's heavily enforced.

Hmmmm . . . priority must fall on penalizing sportsmen and women for accessing public lands and waters to hunt, fish and trap instead of arresting vandals who degrade railroad property and place their lives at risk in doing so.

I just called the Tony Evers for Governor campaign war room and put the question to them. The person who answered was unsure of the candidate's stance on that issue. He asked for my name and phone number and said I would be called today with an answer to that question. I'll post that answer here after I receive it.

Meanwhile, for those of you who aren't aware of where this issue is at, or simply don't care because it doesn't affect you, or you've been so conditioned to just do what you're told because that's the law, here's a Pat Durkin article from 2015 that sort of sums it up.

Thanks to Gov. Scott Walker’s veto pen, hunters and anglers can be ticketed as trespassers when crossing railroad tracks to reach public lands and fishing areas; and 11 nonprofit conservation organizations will have a tougher time building trails, and protecting fish and wildlife habitats.
The vetoes surprised some folks who thought they made their case when the Legislature’s Joint Finance Committee backed their efforts during its budget review in May and June. Given the JFC’s GOP majority, they thought Gov. Walker would accept its recommendations. Besides, the guv often says he wants to increase hunting and fishing opportunities, and forge partnerships between the private and public sectors.
Pfft. Even though the railroad-trespass exemption would cost nothing, and the combined $1 million in grants to nonprofit groups amounted to mere budget dust in the state’s $72.7 billion spending plan for 2015-17, Gov. Walker vetoed the items.
Let’s look at the railroad-trespass veto first. Safe to say, hunters and anglers have been crossing railways to hunt and fish since train tracks were first laid about 150 years ago. But only recently has a railroad company, the Burlington Northern Santa Fe Railway, started patrolling its 214 miles of tracks bordering the Mississippi River to chase off anglers who dare cross, no matter that many folks are walking from paved parking lots the state built for fishing/hunting access.
Have any hunters or anglers been hit by a train? No. Have conductors had to blast their train’s horns at some hunters and anglers? Apparently so. But let’s concede most hunters and anglers know to look both ways for a train, which are far more predictable and less hazardous than rivers, lakes, firearms, treestands and frozen ponds.
Marc Schultz, chairman of the La Crosse County Conservation Alliance, and chair of the county’s delegation to the Wisconsin Conservation Congress, said it’s hard to reach vast stretches of the Mississippi River bottoms without crossing railways. Further, designated crossings are often so far apart that people will effectively be cut off from most public hunting and fishing areas if the BNSF enforces Walker’s veto.
“This state revolves around natural resources,” Schultz said. “These lands and water are the major components of our recreation. We’ve crossed railroad tracks all our lives to reach those resources. They’re culturally ingrained in us.”
That’s why Schultz supported the JFC when it inserted language in the budget to let people walk “directly across the tracks of any railroad.” The JFC added, “This activity would not be considered trespassing and could not be prevented by the railroad.”
Gov. Walker, however, rejected the change, writing: “I am vetoing this section because I am concerned that allowing people to walk across railroad tracks outside of a designated crossing impairs public safety.”
Hmm. If we’re fretting about safety, why raise the speed limit to 70 mph? Why trust people to safely travel 173 feet per second while driving a relatively soundproof vehicle, but assume they’ll be irresponsible daredevils when crossing an 8.5-foot-wide train track on foot?
Schultz is more diplomatic. “I think the governor made his decision on bad information,” he said. “We’re not giving up.”
Meanwhile, Gov. Walker also axed $1.02 million in annual grants that 11 nonprofit organizations have regularly converted into volunteer labor, public access and other contributions that multiplied the state’s investment by four- to tenfold.
The governor explained his veto this way: “I object to earmarking these funds for specific conservation organizations without requiring accountability in the use of these funds.”
Accountability? You’d think the guv would be careful about uttering that word after his Wisconsin Economic Development Corp. awarded $500,000 in unsecured loans to a struggling construction company, and made at least 27 awards totaling $124.4 million to companies without doing formal staff reviews.
In contrast, the groups receiving the far smaller conservation grants have long track records of accomplishments. Most also must make matching contributions, and document their efforts with the Department of Natural Resources quarterly or annually, depending on the grant’s requirements.
For instance, the River Alliance of Wisconsin has been receiving grants of roughly $70,000 annually since 1999, and helps more than 130 river and watershed citizen-run organizations. It files quarterly reports and meets quarterly with DNR staff to review its work. Walker deleted its JFC-approved annual grant of $62,300.
The Gathering Waters Conservancy has received annual grants since 1996 to help citizens preserve, protect and enhance their land and water resources, which often means opening more lands to hunting and fishing. Walker deleted its JCF-approved grant for $124,500.
The Natural Resources Foundation has received annual grants since 2000 to boost private-sector investments and educational efforts on state-managed natural resources, and files an annual report with the DNR. The NRF raises money from donors and members, conducts wide-ranging field trips, and provides grants of its own to the DNR and other organizations. Walker deleted its JFC-approved grant of $75,700.
The Ice Age Trail Alliance has received annual state grants since about 1995 to create, support and protect the state’s 1,000-mile portion of the Ice Age National Scenic Trail, which passes through 30 counties. The trail is managed in a partnership with the National Park Service, and trail work is done by volunteers organized and supervised by the Alliance. Walker deleted its JFC-approved grant of $66,800.
The vetoes shocked Ruth Oppedahl, executive director of the NRF. She said her organization has donated more than $3 million to the DNR to manage state natural areas, and felt gratified that the JFC understood the value of its efforts.
“We had a very positive response from the Joint Finance Committee,” Oppedahl said. “They got the message that for every dollar we receive from the state, we reinvest anywhere from $4 to $10 each year. We’re still here, but this has been a surprising couple of days.”
Denny Caneff, executive director of the River Alliance, said he wasn’t surprised. “It’s petty,” he said. “The DNR didn’t request these cuts, but we kind of saw it coming. With the Walker administration, you’re always wondering. If you say anything about them, you’re setting yourself up to be cut. So even though Joint Finance restored our funding, we knew it might not get past the governor, and it didn’t.”
Patrick Durkin is a freelance writer who covers outdoors for Press-Gazette Media.

Well, after two phone calls and not getting an answer via the phone, I awoke this morning with this in my email inbox:

Good afternoon, Michael,

I am a policy advisor to Tony and received your inquiry regarding the railroad track issue. The railroad lobby fought hard for the law you are referencing under the auspices of limiting their hypothetical liability. I don't mean to trivialize the issue, but if we can trust hunters to walk around safely with loaded weapons, I think we can trust them to look both ways when they get to a railroad track. Not surprisingly, there's no evidence of anyone being injured trying to cross a railroad track to access public lands.

As Governor, Tony will work with conservation leaders in the Legislature to address the issue. Returning reasonable access is a common sense approach.

Thank you for writing in,

Matt Wallock
Team Tony


I'll share on the Trap Talk Forum.

What's Tony's stand on other outdoor issues like trapping?

I think Tony Is nothing more then a over paid Liberian. LOL

It only takes 1 idiot getting hurt vandalizing in a train yard to screw it up for all the responsible fellas. That's one of those laws I tend to bend at my risk, responsibly.

As far as Tony Evers, he'll never get my vote. We're already walking too fine a line here in Wisconsin for me to throw a vote their way. Wisconsin has been heading in the right direction and we don't need screw that up.. Although I agree there's plenty of nonsense rules & regulations here that hurt the sportsmen and outdoor enthusiasts. I just feel if I give him my vote, I'll be in for more & more regulations/taxes.

Unlike people in other states, I don't need my government to hold my hand whether in the great outdoors or at my own dinner table nor do I need to put more hrs in at work to fill another's plate..Now I'm ranting, sorry guys but either one are gonna answer your questions with what you want to hear

As a young teenager, I hunted and trapped rail roads all the time.
In fact, my family picked blackberries along stretches of rail roads behind my house.
We never had anyone tell us not to go there and seldom saw another person, except black hunters during rabbit hunting season.
Part of that stretch went along a golf course, where I also 'hunted' golf balls to resale to golfers.
It was loaded with rabbits and bobwhite quail, as well as groundhogs, all of which I pursued.
So far from a cross road, I could still go there and not be bothered.
Today, it likely harbors coyote and deer, none of which were present back in the 60's and 70's.

There has to be another way to approach this? Not sure what that is though? I’m not directly effected by this, and feel bad for those sportsman who are.

Walker will still get my vote.

Cross the freaking tracks If you get caught tell them to pound sand.

Well I guess that’s one way to approach it. lol. Pretty sure that a judge would tell you that ignorance is no defense.

Who cares. I crossed the tracks a few times today and no one gave me any crap.
I guess If you want to cross the tracks your going to have to carry a ramp.
That would be the perfect test case. The rail road denying access to a handicapped person. I can see where the media would be all over It. LOL

Denying access to the handicap? Huh? You should see the crap I have to go through in order to legally use my trackchair (power driven mobility device) on State owned or managed lands.
1) need to apply for a permit for EACH piece of property; particular address.
2) If granted a permit; it is only good for that calendar year. Expires Dec. 31st. Reapply the next year.
3) Must stay on roadways, paths, or walking trails. So I guess setting traps on the walking paths is a good thing?
4) It usually only takes 2-4 months from application time, until receiving permit by snail mail. Carry that permit with you while in the field.

It’s a really great system to keep handicapped people from using public property that is paid for and maintained with funds from our license purchases.
Do you see any discrimination in that?

I understand.

LOL HERE they say no trespassing but will not prosecute! So law enforcement don't even bother people on them! Its a waste of there time if they cant get a prosecution fine! Which is fine by me they are killer travel corridors and dispersal areas! A supervisor for the RR told me it wasn't worth them fining someone for trespassing. Then they go mess with a track divertor and cause a train collision costing billions! For a few hundred dollar fine! So now my moto is if you cant beat em join em!