Brush Hog Standing Corn

Depending on how much you want to do, a long used agricultural practice would be to cut the stalks by hand and arrange into shocks like in this photo
http://derdutchman.files.wordpress.com/2009/11/dsc_0003-web.jpg. Buy a sickle and sharpen it good. Growing up, we'd use a sickle to cut a few rows to open up the field for our pull behind single row corn picker. We'd throw it on the wagon and drop it in the pasture for the cows but it would easy enough to arrange into shocks.
 
My local CO said no brushhogging corn allowed, he would consider it baiting. Know your local officer, seems like it makes a difference, shouldn't but it does. Law is supposed to be the law..

I chop with 3 point heavy duty mower. And if is part of your normal field maintanance for replanting crop rotation for following spring. The WI DNR would not want to take you to court on such. They would loose . I asked WC district they couldn't give straight ansew.
However piling or concentrating and relocating would be baiting if over 2 gallon limit. Yes I have had 1 warden say was baiting . I told part of normal ag process for me. Then he was not so sure. So until
there is a change in law as currently written should not be a issue. Just don't think you can alter it from a normal practice. Such as concentrating and hunting over. Also most wardens are decent to deal with so treat with respect. He would need to get approval from higher up to ticket you.
 
One year I ran into the local warden and she was riding with another warden. Makes one wonder who is the supervisor and who would call the shots in those situations.
 
I chop with 3 point heavy duty mower. And if is part of your normal field maintanance for replanting crop rotation for following spring. The WI DNR would not want to take you to court on such. They would loose . I asked WC district they couldn't give straight ansew.
However piling or concentrating and relocating would be baiting if over 2 gallon limit. Yes I have had 1 warden say was baiting . I told part of normal ag process for me. Then he was not so sure. So until
there is a change in law as currently written should not be a issue. Just don't think you can alter it from a normal practice. Such as concentrating and hunting over. Also most wardens are decent to deal with so treat with respect. He would need to get approval from higher up to ticket you.
Do you make any money in your ag adventures? So a "normal ag practice" for you is to brushhog your corn without harvesting? Normal field maintenance for corn takes place after harvest. The OP is asking about chopping unharvested corn. Notice that they "couldn't"(most likely wouldn't) give you a straight answer, because it would be highly dependent on a case by case basis and the CO on the scene. I'm pretty sure the warden was referring to chopping stalks after harvest, not with the ears still on the stalks. "Normal ag practices" for corn, require some type of harvest of the grain or at least chopping it for silage. Corn is not considered a "normal" cover crop, so using the excuse that you were chopping it for green manure would most likely not fly in the face of a judge. Everyone just be careful here, especially considering the sketchy rules in WI.
 
Last edited:
Corn stalks are also chopped to prevent weevil infestation for future corn crops. that's why farmers always want to chop or disc after harvesting. It disrupts the weevil lifecycle.
Wardens and cops aren't judge, jury and executioner. If you are so worried about it, arrange a meeting with your local district attorney. They are ultimately responsible for prosecuting any arrest law enforcement makes. Cops and wardens can do whatever their ego driven hearts content, but if the da won't prosecute, it means nothing.
Wouldn't the deer feel more secure with the corn standing anyway? I'd give yourself shooting lanes and keep it standing for security.
 
Do you make any money in your ag adventures? So a "normal ag practice" for you is to brushhog your corn without harvesting? Normal field maintenance for corn takes place after harvest. The OP is asking about chopping unharvested corn. Notice that they "couldn't"(most likely wouldn't) give you a straight answer, because it would be highly dependent on a case by case basis and the CO on the scene. I'm pretty sure the warden was referring to chopping stalks after harvest, not with the ears still on the stalks. "Normal ag practices" for corn, require some type of harvest of the grain or at least chopping it for silage. Corn is not considered a "normal" cover crop, so using the excuse that you were chopping it for green manure would most likely not fly in the face of a judge. Everyone just be careful here, especially considering the sketchy rules in WI.

They were well aware was used for food plot. It still needs to be cut and replanted which they realize.
I been doing for 7 years now and no plans to change. Unless law gets changed.
 
The only place I've lived that we have run into this situation is here in South Carolina. If any crop is mowed, the field cannot be hunted over for a minimum of ten days. they will come out and put little red flags on stakes in the field. It will have the date on the flag. You cannot mow corn or millet or sorghum, anything with a seedhead of any kind and then hunt over it. Leaving the seed like that on the ground is not considered normal ag practice.
 
Then you have some very tolerant or ignorant CO's in your area. It falls right into the rule that it must be left standing to not be considered baiting.

"Natural Vegetation and Plantings: You may hunt with the aid of

material deposited by natural vegetation, material found solely as
a result of normal agricultural or gardening practices, or with
the aid of crops planted and left standing as wildlife food plots."

Per the law from the WI rule book, if it is a wildlife food plot it must be left standing or it is considered baiting if you hunt over it.
 
Then you have some very tolerant or ignorant CO's in your area. It falls right into the rule that it must be left standing to not be considered baiting.

"Natural Vegetation and Plantings: You may hunt with the aid of

material deposited by natural vegetation, material found solely as
a result of normal agricultural or gardening practices, or with
the aid of crops planted and left standing as wildlife food plots."

Per the law from the WI rule book, if it is a wildlife food plot it must be left standing or it is considered baiting if you hunt over it.

Big difference when you add hunt over it.
 
Per WI law, it's baiting nonetheless, and you hunt anywhere on the immediate 40 and that really leaves the door open for "interpretation" by a CO. Pretty sure the OP was intending on hunting in the general area anyway. At the very least I would collect the ears off the stalks and use them after hunting season to either feed the deer for a bit longer or feed the squirrels over the winter. If you didn't have scattered grain on the ground it would be very hard to prove anything.
 
Ref OP . I cut a lane thru mine to guide deer as to how they will likely travel. I have corn and pasture mix on long lanes and 1 with L shape. I also use as screen some areas. I cut mid October with in week Turkey deer coons etc have that cleaned up. I leave majority standing for winter. Will mold if left laying on ground to long.
When cut in October. So do what your comfortable with.

ps I don't hunt over food plots or bait piles. They are short lived for hunting until deer will go night shift. Plus hard to exit and enter. I prefer catch them on to and from trails. I am talking bow hunting . Dec I go in over standing corn.
 
I don't hunt over food plots or bait piles. They are short lived for hunting until deer will go night shift. Plus hard to exit and enter. I prefer catch them on to and from trails. I am talking bow hunting . Dec I go in over standing corn.

I find when the plot is part of an orchestrated plan and placed with access in mind, it can be hunted every day with the right wind, and the deer never figure the game out. Food is the draw in my ag poor area and my best spots are ground blinds right on the food with bullet proof access and exit. The deer never go night shift.
 
"Nice" when you have that set up. Cold weather has arrived time to get on stand...............
 
Then you have some very tolerant or ignorant CO's in your area. It falls right into the rule that it must be left standing to not be considered baiting.

"Natural Vegetation and Plantings: You may hunt with the aid of

material deposited by natural vegetation, material found solely as
a result of normal agricultural or gardening practices, or with
the aid of crops planted and left standing as wildlife food plots."

Per the law from the WI rule book, if it is a wildlife food plot it must be left standing or it is considered baiting if you hunt over it.
It's all going to come down to the interrogation the warden does with you. First off, it's not your burden of proof to prove your innocance, it is his burden of proof to prove your guilt in court. Big difference!
You could talk your way in and out of a citation from multiple angles.
#1-prove it's a food plot. It's just like proving intent. You prove intent with a confession or an admission.
It's my freaking land, I planted the corn because I damn well wanted to. I collect as many cobs of corn as I see fit and I make corn bread out of them like the flipping Indians! I also enjoy hunting, and I happen to be hunting on my property, by the corn I chopped down, as a farming practice! It is not a crime for me to not collect every kernel of corn!!!!!!!!!
So I couldn't hunt on my clover after I flatten it? I can't hunt over my oats after I brush hog it in September? How long does it take for something to be considered bait after it isn't standing? A day, week, till it completely decomposes?
I could just be planting crop for the sake of building my soil. I could just be planting and caring for it for no other reason than doing it. How's he gonna prove its for a food plot? What is a food plot by the way? There are many many holes in that law.
I had someone trespass on my property a few years back call me in for baiting. I was simply dumping my cobs of corn after I shelled the corn. I beat the wardens after a half hour interrogation. The dumb ass wRden tried to tell me I should dump the corn cobs in my yard! 4 freaking gravity boxes!!! I told that pencil neck I dump them In his yard, moron!!!!!! I knew what the law was. I should have ended the interrogation sooner, when they kept blasting me with the same ?s. They are very clever with their interrogation skills, but not clever enough.
Oh-after my interrogation I Made a complaint to my local sheriff for trespassing. The dip stick was dump enough to give his info during the baiting complaint. The warden had to give up his name, during the sheriffs investigation. The trespasser got the $300 ticket, and I made an enemy! There is a way for real justice, just gotta be smart!
 
Last edited by a moderator:
It's all going to come down to the interrogation the warden does with you. First off, it's not your burden of proof to prove your innocance, it is his burden of proof to prove your guilt in court. Big difference!
You could talk your way in and out of a citation from multiple angles.
#1-prove it's a food plot. It's just like proving intent. You prove intent with a confession or an admission.
It's my freaking land, I planted the corn because I damn well wanted to. I collect as many cobs of corn as I see fit and I make corn bread out of them like the flipping Indians! I also enjoy hunting, and I happen to be hunting on my property, by the corn I chopped down, as a farming practice! It is not a crime for me to not collect every kernel of corn!!!!!!!!!
So I couldn't hunt on my clover after I flatten it? I can't hunt over my oats after I brush hog it in September? How long does it take for something to be considered bait after it isn't standing? A day, week, till it completely decomposes?
I could just be planting crop for the sake of building my soil. I could just be planting and caring for it for no other reason than doing it. How's he gonna prove its for a food plot? What is a food plot by the way? There are many many holes in that law.
I had someone trespass on my property a few years back call me in for baiting. I was simply dumping my cobs of corn after I shelled the corn. I beat the wardens after a half hour interrogation. The dumb ass wRden tried to tell me I should dump the corn cobs in my yard! 4 freaking gravity boxes!!! I told that pencil neck I dump them In his yard, moron!!!!!! I knew what the law was. I should have ended the interrogation sooner, when they kept blasting me with the same ?s. They are very clever with their interrogation skills, but not clever enough.
Oh-after my interrogation I Made a complaint to my local sheriff for trespassing. The dip stick was dump enough to give his info during the baiting complaint. The warden had to give up his name, during the sheriffs investigation. The trespasser got the $300 ticket, and I made an enemy! There is a way for real justice, just gotta be smart!
Again dipper, you also are a lucky man to have CO's like that in your area. I have met a few CO's that would have been writing you the ticket while you were "explaining" your actions and as soon as they were done writing it, they would have handed it to you and walked away while you were still talking and said "See ya in court buddy!" Everyone's experiences with CO's are different, I simply choose to "stay within the lines", as I do not like dealing with folks who can make life hard for me over simple stuff.
 
im not lucky, they was a$$es, and I was simply disposing of corn cobs. I've got no respect for wi wardens. They are on a power trip, and they do a lot of illegal stuff. I had state attorney Dave pearlman tell me that flat out. Sounds like you have met a stereotypical one.
 
dipper, you have no idea! Power trip is an understatement for a few of these guys. I can tell you it just isn't the WI CO's either, back in my heyday of waterfowling, when hunting both the Upper Mississippi River National Wildlife Refuge as well as the Necedah National Wildlife Refuge, I have meet a number of pr!ck federal wardens as well.
 
My local CO said no brushhogging corn allowed, he would consider it baiting. Know your local officer, seems like it makes a difference, shouldn't but it does. Law is supposed to be the law..

I must add to the above comment, my local CO has always been polite, very helpful, replied to questions quickly (even if I don't like his answer lol), has responded to poaching quickly.. etc. So other than us disagreeing about brushhogging corn, I'd rate local CO's fairly high.
 
Here's what I've been wondering the last few days. Farmers leaving strips of corn so they can be driven for deer...is that a "normal agricultural practice"?
In some areas that could be considered "normal".

My wife reminds me: "Normal...is just a setting on the washing machine". ;)
 
If anyone has a concern, just check with your local CO and get the answer. No matter what people want to think, is it worth testing it?

I am very fortunate that my CO gave me the green light to brushhog corn. I have it in email saved. Pretty simple to do. And no grey area about it.
 
Top