By Julie Johansen
The annual Farm Bureau dinner gave Emery County Commissioners an opportunity to explain the “Fence-Out” ordinance adopted at the recent commission meeting.
Emery County Attorney Mike Olsen explained that counties in Utah have essentially been fence out counties for years and it really hasn’t mattered because typically on both sides of the fences, land owners worked together to build and maintain the fences equally.
Now that Utah has become more urban than rural, more counties are becoming fence-in counties. In formulating a state wide bill, Representative David Urie, proponent of House Bill SO119, approached the Association of Counties to create one law that would regulate the greenbelt property of Utah. At first, it was more equal between adjoining property owners than the amount of land owned became a factor in building and maintaining the fences. These statues were often confusing and needed clarification for many counties. Emery County adopted a new fencing ordinance according to 4-25-204, which gives a county legislative body authority to declare and enforce a fencing ordinance.
The new fencing ordinance adopted states that whenever owners of land want to prevent domestic livestock from trespassing on their lands, they may construct a lawful fence. Owners of domestic livestock shall not be required to fence to keep livestock under their control out of other adjoining lands. It further explains that a lawful fence is a fence constructed to keep domestic livestock out of an area. This fence shall be constructed of sufficient height and strength to keep livestock from trespassing on the area being fenced. Emery County’s ordinance is very closely worded to Carbon County’s ordinance to make it easier to interpret the law along county lines.
Farm Bureau County Chairman Dustin Huntington also introduced Lori Brady from Farm Services Administration, and Tyler Jeffs, Farm Bureau Insurance agent, to the crowd of nearly 50 members. Brady informed agriculture producers of the different types of farm loans available through her office. Jeffs notified producers of a new Pasture Rangeland Insurance Policy. The policy permits property owners to purchase insurance to protect themselves from inadequate rainfall. The evening was very beneficial and informative for all Farm Bureau members.