We are now into the heat of summer as that scorching July sun continues to burn. With a lot of our rangeland/pasture grasses entering a semidormant growth stage during the “summer slump,” our cattle are going to be searching for something greener if there isn’t enough feed on our side of the fence. Having dealt with livestock and horses pushing on fences, I understand the time, money and effort it takes to maintain a fence. On the topic of fences, have you taken the time to truly understand your state’s regulations regarding fence maintenance and the livestock that may get out of those enclosures?
Specific laws pertaining to livestock fences vary from state to state, while still having many of the same basic principles. The upkeep or building of fences on property lines is usually the shared responsibility of both property owners as far as cost and labor go. Usually this is a 50-50 split unless otherwise agreed upon. States usually have specific requirements on the height as well as the building material of livestock fences. Also, there are laws which forbid private citizens from opening a gate and not closing it (whether on private, state or federal land), which, if not obeyed, can result in fines and/or that person being charged with a misdemeanor.
Open range areas exist which do not require fencing. These designated areas allow for livestock to roam freely, usually as part of a grazing permit. This usually means the owner of the livestock is not held liable for any damage to a vehicle if it happens to hit an animal. Depending on the situation, the driver of the car may be required to pay damages to the livestock owner. Similarly, some states, like Wyoming, are what are known as “fence out” states. This means that private landowners have the responsibility to build fences to keep livestock off their property, rather than livestock owners building fences to keep their animals “in.”
If you are grazing on federal land this year, you (or a grazing association you are a part of) are required to maintain those fences as part of the lease agreement. Any new fences or other “structural improvements” are usually done through an approval process unless other agreements have been made within your specific lease.
Take some time this summer to have a conversation with your neighbors about your fences and how you can work together to keep it horse high, hog tight and bull strong – and ultimately ensure the safety of your animals and nearby property.
