Trespassing
Trespassing is a misdemeanor criminal offense in Massachusetts.
Trespassing
All of the land leased to the BHWPA is private land. It was purchased by private buyers who are entitled by law to set all policies related to land management and access, subject to Town, State, and Federal law. By leasing their land, BHWPA Stewards offer a privately organized way to share enjoyment of their land with others. They are not opening their land for public use by non-members, for any purpose whatsoever, and anyone discovered on BHWPA land without proper authorization may be liable for trespassing. Chapter 266 Section 120 of the Massachusetts General Law governs Trespassing in the state. This law enforces up to 30 days imprisonment for illegal trespass upon land that has been posted with warning signs. As required by state law, BHWPA has conspicuously posted trespass warnings at key junctions and boundaries.
Trespassing and Hunting
A common reason that people have visited Benton Hill is to hunt. We are not against hunting, and we are evaluating ecologically sustainable hunting approaches using data and information with assistance from MassWildlife biologists. But we have also received credible reports that hunting has occurred on Benton Hill in ways that we do not accept and will not allow, specifically, the driving of deer. While deer driving is legal in Massachusetts, the BHWPA does not permit it and we will both pursue and take legal actions against it should it occur. Entering the BHWPA without authorization to hunt is trespassing. Furthermore, there exist both State and Town laws that require specific authorization to hunt:
Chapter 131 Section 36 of the Massachusetts General Law prohibits hunting on “conspicuously posted” land.
New Marlborough Town Bylaws include Section 14, which requires that hunters carry proof of annual written permission from a landowner in order to legally hunt a property.
The BHWPA follows both the State laws concerning trespassing and illegal hunting, and the New Marlborough bylaw, in the event of discovery of trespass hunting.
Trespassing and Gathering
Trespassing to gather mushrooms, shed antlers, wood, rock, or any other natural objects on the preserve is prohibited.