Upload & Sell: On
I would have thought that an identifiable landmark, not prairie dogs, would have to visible for the law to upheld.
That still wouldn't matter. So long as you are not somewhere that is off limits, and so long as you are not modifying the scenery with props and set pieces you are allowed to photograph and sell whatever you want. The only exception to this is when it's tribal lands, but clearly that wasn't the case here.