After considerable confusion of the current ordinance for fencing in Emery County, the Emery County Commissioners, with the advice of legal counsel, adopted an ordinance in a recent commission meeting.
The ordinance reads, ”Whereas the Emery County commission, following due consideration and public notice and posting in the county clerk/auditor’s office for public review and finding it to be in the best interest of the county:
Therefore: “Whenever owners or lessees of land desire to protect or prevent domestic or wildlife from trespassing on lands… they may construct a lawful fence. Owners of domestic livestock grazing on public or private land shall not be required to fence livestock under their control out of other adjoining lands….
The county legislative body shall declare and specify what constitutes a lawful fence.”
The county sheriff’s office and county attorney have been overrun with questions and requests for assistance with regards to this matter. In some instances, litigation has even occurred, claiming to be due to unclear state statutes that governed the county. These county-wide issues prompted the need to adopt this ordinance. The majority of the counties in the state have adopted similar “fence out” ordinances.
This ordinance only governs those areas in the county. Each city has its own ordinance to govern these matters.
