Asking How to Forage on Private Land

Entering private property without permission is considered trespassing. 

Foraging involves both entering the land and taking something from it, which makes permission essential.

In Michigan, we have our own Recreational Use Statue, MCL – Section 324.73301 off of the Natural Resources and Environmental Protection Act.

Simply put, this law provides significant legal protection to landowners in Michigan when they allow people onto their private property for free to engage in specific recreational activities, including activities relevant to foraging.

In this post, I’ll be covering what that looks like as part of a plan to forage in unique areas not owned by the state.

1. Know the Boundaries: Research property boundaries through public land records.
2. Identify the Landowner: Use county records to determine who owns the land parcel. If a name is listed, look for contact information online.
   1. Each county has their own way of providing land ownership information.
   2. You should always ask permission to enter private land, even if there’s signage stating that the land is “open”, or if the land is for sale.
      1. Foraging on land requires consent before you can walk on it.

Alright, you’ve found several pieces of possible land, you know where those land boundaries are, and for each piece of land, you know who owns it and what their contact information is.

It’s time to ask.

3. Ask in Advance: Increase your chances of getting a “yes” by asking weeks or months before you plan to forage.
   1. Reach out during the landowner’s off-season, so February to early spring, when they are less busy with farming, hunting leases, yard work, etc.
4. Phone Calls vs Emails vs Letters: The best approach is a personal one.
   1. If possible, call ahead or visit in person to set a time to stop by. If a face-to-face or phone call isn’t immediately feasible, a handwritten letter can go a long way. Keep any written request concise and professional. In either case, your goal is to set up a personal meeting or conversation, as a handshake beats a text message or cold call every time.
5. Be Kind: Ask if it is a convenient time to talk.
   1. Keep a polite and respectful tone and don’t make demands.
6. State Your Intentions: Introduce yourself and clearly state that you wish to forage for edibles on their land.
   1. Be upfront and honest about your intentions.

Here are some possible questions they may ask when you first reach out, and what I would say myself. 

I suggest taking the time to read through these and come up with your own way of answering:

What exactly are you looking to forage for? Are we talking about berries, mushrooms, greens, roots?

(This will vary depending on the type of ecosystem, what you’re hoping to forage, and the time of year that you’re wanting to forage in.) Greens such as young leaves, young shoots, and young ferns, nettles and fiddlehead ferns. No mushrooms and no roots. 

What is your experience level? Do you have formal training or experience in safe and sustainable foraging?

I have a lot of experience in sustainably foraging on state and private land. I’m a gardener who studies wild plants and land stewardship.

How often and for how long do you intend to be on the property?

Once per month and an hour at most during the early afternoon, that way I can also pick up any trash that I see along the public road right-of-way. There would never be a time when I would not text, call, or email you and ask for permission without entering, two weeks ahead of time. I would also never enter without your expressed permission. If I don’t hear from you within 48 hours, I would consider it a denial of entry for that month.

Where would you park?

I was hoping to park where I wouldn’t be in your way, and where I’m not close to passing traffic. I’m open to any suggestions you may have.

Where specifically do you plan to forage? Do you have a map or a rough idea of the areas you’re interested in?

I do carry a local map with me along with a compass, but during this visit, I would only be foraging near the ditch, away from the main road. That way I can safely collect any trash I come across and focus on plants free of pollution. I don’t forage to sell and I only forage 10-25% of each plant for personal consumption.

What measures will you take to ensure you don’t damage the property, disturb any wildlife, or harm any of the non-edible plants?

I always make sure to wipe down my shoes before entering anyone’s property, I leave all wild animals alone, and I know exactly what to look for based on experience and field guides that I carry with me. I bring small clippers to make sure I don’t damage the plant while foraging, along with a collection bag. I would not be bringing anything used to dig because I have no intention of digging.

I also have questions about liability. If you were to get hurt on my property, who would be responsible? Do you have your own insurance, or are you part of an organization that does?

I understand your concerns about liability. That’s incredibly important to me as well. I want you to feel completely protected, too. To make sure you’re covered, I’m happy to show you proof of my existing renters (or homeowners) insurance; it already comes with liability coverage for when I’m away from home. I’m also happy to sign any written waiver or agreement that says I won’t pursue legal action if I accidentally get hurt while I’m here. If I got injured while on your land, I would personally accept that risk and pay my share, since you were kind enough to let me forage. But if you’d still like more assurance, I can look into getting one of those low-cost, special land liability policies. People who hunt often use them, and they are specifically designed to cover you, the landowner, against those liability fears, which usually makes things much easier.

7. Offer to give back: Giving before you receive is such a great choice.
   1. Ideas for how to give back (depending on your skills) include:
      1. Offer to help cut wood.
      2. Offer to fix fences or mend fences.
      3. Offer to pick up trash.
      4. Offer to help work agricultural land, including tilling ground or stacking hay.
      5. Offer lawn mowing and landscape work.
      6. Offer to pick rocks.
      7. Offer to mark or paint boundary lines.
      8. Offer to help plant trees.
      9. Offer to help repair utility lines.
      10. Offer to look for water leaks.
      11. Offer to repair damage to the property.
      12. Offer to locate underground cables.
      13. Offer to help clean debris or conserve part of the land.
      14. Offer to help clear trash from bodies of water.
      15. Offer to do volunteer work on the land.
      16. Offer to run around and save plants before land cutting or demolition.
      17. Offer to keep an eye on their land while you’re there.
      18. Offer to be a “second set of eyes” by notifying the landowner immediately if you see any unauthorized activity or trespassers.
      19. Offer to share part of the harvest.
      20. Offer baked goods.
      21. If you’re also wanting to take quality photos, offer to share images once they’re edited.
      22. Offer any valuable items that you find on the property.

If they say no on the phone, no is a complete sentence and we’ll be respecting that.

Remember that “no” usually means “not right now” because “I don’t know you” or “you haven’t convinced me”, or both of those things.

It’s all valid and we’ll be respecting that.

It also doesn’t mean you did anything wrong.

But if they say yes to a meeting in-person and you’ve scheduled a time…

8. Be Presentable: You want to appear approachable and friendly.
   1. Taking a shower, wearing clean and non-camouflage clothing, and putting on a bright smile will go a long way toward receiving permission.
      1. Do not appear dirty or in clothes meant for the woods.
9. Provide Contact Information: Give the landowner an index card or business card with your name and contact information.
   1. Landowners are going to want to know exactly who is on their property and how to contact them if necessary.
   2. This also gives them a chance to tell their friends about you, who may also own land.
10. Offer References: You can offer character references from people who know you, such as past landowners you successfully worked with.
    1. Particularly effective if you’ve already built a relationship with a landowner in the same town, so someone they may already know personally.
11. Get Specifics in Writing: Always get specifics in writing.
    1. A written document, formal or informal, is essential for clarity, detailing precisely where, when, and how you may access the property. Having written permission protects both parties and is preferred over verbal consent.
12. Where, When, and How: Clarify all aspects of your time on their property.
    1. Agree on where you can park, when you can be there, and what methods you may use for foraging. 
    2. Write it all down as they’re talking and repeat it to them afterwards, that way they really understand that you were actively listening.
13. Leave No Trace: Just like when camping, avoid causing damage, leave no trash, and be sure to close each gate you go through.
14. Follow Up and Give Back: Show your appreciation by following up after your visit and thanking them again.
    1. It’s also possible that this generosity inspires them to share the experience with their friends, who could be other landowners.

Will you be told no from time to time? Absolutely.

Will they also remember how kind you were when you asked? 

How you offered multiple valuables first like clearing a gate of debris, bringing something that you made at home, or keeping a watchful eye on the land they care about?

Or how gracious you were when you were told no?

Be brave, put yourself out there, and be prepared to be surprised.

Touch grass,

Trevor.