3 CSR 10- 4.130: Owner May Protect Property; Public Safety

Purpose

This rule establishes provisions for capturing or killing wildlife that is damaging private property to prevent further damage.

Summary:

This amendment will allow property owners to capture or kill wildlife (except white-tailed deer, mule deer, elk, turkeys, black bears, mountain lions, and endangered species) with prior authorization from an agent of the Department when other property protection measures have failed or there is good reason to believe such measures are impractical or would be unsuccessful. 

Title 3 – Department of Conservation
Division 10 – Conservation Commission

Chapter 4—Wildlife Code: General Provisions

Proposed Amendment

(7) In addition to the other provisions of this rule, and subject to federal regulations governing the protection of property from migratory birds (including raptors), any wildlife except white-tailed deer, mule deer, elk, turkeys, black bears, mountain lions, and endangered species may be captured or killed to prevent damage to property when other property protection measures have been unsuccessful or there is good reason to believe such measures are impractical or would be unsuccessful, but only with the permission of an agent of the department by methods authorized by him/her.

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed Aug. 15, 1973, effective Dec. 31, 1973. For intervening history, please consult the Code of State Regulations. Amended: Filed April 4, 2025. 

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate. 

PRIVAT COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.

Official public comment period: May 16, 2025 to June 14, 2025