# Nonresidency question?



## HUNTNFISHND (Mar 16, 2004)

Question: Can a non-resident purchase a home in ND, put up a mail box, and purchase a resident waterfowl license? What are the exact rules regarding residency? Don't you need to actually live here?

The reason that I am asking is a few months ago two couples from the Twin Cities bought a lake cabin next to ours. They put a mail box out by the street. They have told me that the only reason they bought it was for waterfowl hunting. They have been down a few times, but not often. Don't get me wrong, they seem like nice people. I just don't know if they are breaking the law or not.


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## djleye (Nov 14, 2002)

I would guess that they have to declare a residency in one state or another. As long as they declare ND and they don't get in trouble with any other factions of the law, ie, tax laws, etc, then I would guess that they are not breaking the law.


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## Bob Kellam (Apr 8, 2004)

From the North Dakota Century Code

"Resident" means any person who has actually lived within this state or maintained that person's residence therein for at least six months immediately preceding the date that residence is to be determined. A person's residence is the place where the
person remains when not called elsewhere for special or temporary purposes. A resident can only have one residence and a residence cannot be lost until another is gained. A residence or home is a permanent building or part of a building and may
include a house, condominium, apartment, room in a house, or mobile home. A rental property, vacant lot, or house, cabin, or premises used primarily for business or recreational pursuits may not be considered a residence. A "nonresident" is any person who has not actually lived within this state or maintained that person's residence within this state for at least six months immediately preceding the date that residence is to be determined.


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## Old Hunter (Mar 8, 2002)

HUNTNFISH There was legislation passed this year clairifing the requirements of residency. To the best of my knowledge the people that you speak of are breaking the law. There is a guy from Minn that I hunt with occasionally and like very much that was going to pull the same con. I told him that the first time I saw him hunting more than a nonresident is allowed I would fry his *** whether I like him or not. I will leed the game warden to his front door. I will be watching him like a hawk. We need to stop something like this fast. I will get ahold of Drakekiller and see If he can post that information as I cant find my copy.


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## Bob Kellam (Apr 8, 2004)

Old Hunter
I posted it above but here is the actual bill

58153.0100
Fifty-ninth
Legislative Assembly SENATE BILL NO. 2100
of North Dakota
Introduced by
Natural Resources Committee
(At the request of the Game and Fish Department)
A BILL for an Act to amend and reenact subsection 33 of section 20.1-01-02 of the North Dakota Century Code, relating to the definition of resident for game and fish purposes.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Subsection 33 of section 20.1-01-02 of the North Dakota
Century Code is amended and reenacted as follows:
33. "Resident" means any person who has actually lived within this state or maintained that person's home residence therein for at least six months immediately preceding the date that residence is to be determined. A person's residence is the place where the person remains when not called elsewhere for special or temporary purposes. A resident can only have one residence and a residence cannot be lost until another is gained. A residence or home is a permanent building or part of a
building and may include a house, condominium, apartment, room in a house, or mobile home. A rental property, vacant lot, or house, cabin, or premises used primarily for business or recreational pursuits may not be considered a residence. A "nonresident" is any person who has not done so actually lived within this state or maintained that person's residence within this state for at least six months immediately preceding the date that residence is to be determined.

Yes they are breaking the law.


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## jamartinmg2 (Oct 7, 2004)

I'm with Old Hunter's thinking all the way. Any sort of unethical... unlawful, practice like this should be reported. Non-residents get a bad enough rap without pulling this kind of thing. I wouldn't mind being able to hunt the entire season in ND either, but the law is the law.... I made my choice to move out of the state, now I have to live within the parameters set forth for non-residents, simple as that. :-?


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## djleye (Nov 14, 2002)

Don't get me wrong, if they are doing it illegally, it should be reported. I was merely commenting on whether it can be done legally. If they have only one residency claimed then it would be legal I would guess. I am not for breaking the law and I hope my first response was not interpreted that way!!


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## HUNTNFISHND (Mar 16, 2004)

So what should I do, just talk to the local warden about it?


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## Bob Kellam (Apr 8, 2004)

Report A Game Violation
Call 1-800-472-2121 any time, day or night.

--------------------------------------------------------------------------------

Poachers steal from law-abiding hunters and anglers. They are nothing less than game thieves. When a poacher takes a deer out of season or an extra limit of fish he has reduced your chances to take that game.

If you value hunting and fishing you owe it to yourself to report those who take your game. They are stealing from you. Would you report a thief for stealing a tire from your car? Of course you would. You should have no reluctance to report a poacher either. There is no difference. A tire thief or a game thief, both take something that is yours.

In North Dakota there are several ways to report poachers.

Contact a game warden directly. Game wardens are stationed throughout the state. Find the nearest game warden here. 
Call state radio at 1-800-472-2121. You will be put in touch with the nearest game warden, sheriff's department, or other law enforcement agency. This number is available 24 hours a day. 
Call the Report All Poaching (RAP) hotline at 1-800-472-2121 any time, day or night. At RAP you can report a violation and receive a reward for a conviction based on your information. Rewards range from $100-$1000 depending on the nature of the crime. If you wish to remain anonymous, you will receive a special code number and do not need to give your name. Get more information on the Report All Poaching program.


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## Watchm! (Jul 9, 2005)

We purchased a house in Central ND and was wondering the same thing. Then it dawned on me that a person must be an awfully big cheapskate as well as a lawbreaker to do this type of thing. Heck, the house was 30,000 and the three owners spend six-seven weeks out there a year. Why would I want to save a few measly bucks?
In fact, I try to spend my money in ND. I go so far as riding on fumes through Minn. to make it to Fargo. All of my food, house repairs, etc. are bought locally. I bought a bison from my neighbor, had it processed in town by the local butcher.
Come on, a license!!


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## Old Hunter (Mar 8, 2002)

Bob thank you for the information. I should have realized when a bill is passed by the legislature it becomes law and the goes into the century code.
jamartinmg2 In telling my story on this matter I used the term "a guy from Minn" I should have said a nonresident. I did not mean to badmouth people from Minn. Many of the guys that I hunt with each fall are from the welfare state. :lol: 
HUNTFISHND If you are close by it would be possibly to watch their waterfowling days and keep track of the days they hunt. Easy to tell if they go over. If this is not possible call a warden and tell him of your conversation and their intentions. I will not be hard for him to check them out to see if their are legal.


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## HUNTNFISHND (Mar 16, 2004)

Thanks guys.

I will keep an eye on them this fall and probably let the local warden know what their up to.


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## always_outdoors (Dec 17, 2002)

I think this type of thing is happening more often in ND than we think. I had heard this rumor when I lived down in Napoleon. Sportsmen were buying $6000 homes in Gackle or Streeter and then having their mail sent there as well as licensing their vehicles there even though they were only spending 2 weeks a year there.

I hope this doesn't become common practice.


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## Dick Monson (Aug 12, 2002)

That scenario is exactly how and why the ND Sportsmans Alliance was started 5 years ago. The "residence" was an old pickup truck sitting on blocks by a rural mailbox.


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## Drew W (Jul 7, 2004)

in order for it to be your legal residency you have to declare it to be your homestead (i think)


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## wiscan22 (Apr 4, 2004)

Bottom line is if ND is not your primary residence for at least six months out of the year(meaning you physically have to live there) you are a non resident. Anyone claiming anything else is just trying to circumvent the law.

We've owned a house in ND for 7 years now, pay taxes, support the locals and spend lot's of money on utilities and repairs and guess what....
that just ain't good enough and rightfully so.


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## Ref (Jul 21, 2003)

Huntnfish,

I agree with everything that has been said on this post. Not trying to be too picky, but in your first post, you said that they bought it for waterfowl hunting. Is it possible that they might be using it for non-resident waterfowl hunting? Maybe your neighbor stated it in unmistakable terms that they wanted to use it as a resident status. Before you call the 800 number, you might want to make sure there is a violation.


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## HUNTNFISHND (Mar 16, 2004)

ref,

The only way I will know is when they are here longer then two weeks during waterfowl season. I will be keeping an eye on them for sure! And the game warden will be aware of there "status".


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