SF0137 • 2023

Subdivisions-fencing requirements.

AN ACT relating to planning and zoning; requiring subdividers to construct and pay costs for perimeter fences as specified; specifying requirements for perimeter fences for subdivisions; specifying financial responsibility for maintaining perimeter fences; requiring the inclusion of perimeter fence information in subdivision permit applications; repealing conflicting provisions; and providing for an effective date.

Agriculture Land

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Senator Steinmetz
Last action: 2023-03-09
Official status: enrolled
Effective date: 7/1/2023

Plain English Breakdown

The bill summary and text do not provide specific details on how damages are handled when a legal perimeter fence already exists or when all adjacent landowners consent that no fence is necessary.

Fencing Requirements for Subdivisions

This law requires subdividers to build and pay for perimeter fences around subdivisions next to land where livestock can legally run free, unless all adjacent landowners agree a fence is not needed or one already exists.

What This Bill Does

Requires subdividers to construct perimeter fences if the subdivision borders land where livestock can legally run at large.
Specifies that the subdivider must pay for building and maintaining the fence initially.
States that after construction, adjoining landowners share maintenance costs if the fence is made of steel or concrete posts.
Exempts subdividers from liability for damage caused by wandering livestock if the fence is properly maintained.

Who It Names or Affects

Subdividers who are creating new subdivisions next to lands where livestock can legally run free.
Landowners adjacent to proposed subdivisions.
Local government agencies responsible for issuing subdivision permits.

Terms To Know

Perimeter fence: A fence that surrounds the entire boundary of a property or subdivision.
Subdivider: The person who divides land into smaller lots for sale or development.

Limits and Unknowns

Does not specify what happens if an existing legal fence is damaged and needs repair.
Does not address situations where livestock damage occurs before the subdivider transfers ownership of subdivided parcels to subsequent landowners.
The law does not define 'land where livestock can legally run at large.'

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0137H2001

2nd reading • Representative Brown

Corrected, Adopted

Plain English: The amendment modifies the bill to allow subdividers to not construct perimeter fences if all adjacent landowners agree it is unnecessary, and adjusts financial responsibilities related to fence maintenance.

Adds a condition that subdividers do not need to build perimeter fences if all adjacent landowners consent.
Changes the requirement for a lawful fence as specified by Wyoming Statute 11-28-102.
Modifies the financial responsibility clause, stating that adjoining landowners must share half of the maintenance costs of the perimeter fence under certain conditions.

The amendment text does not provide full details on all changes made to the bill, making it difficult to summarize every alteration.
Some deleted sections and specific wording adjustments are too technical or incomplete to explain fully without additional context.

SF0137H2002

2nd reading • Representative Western

Withdrawn

Plain English: The amendment modifies a requirement related to damage caused by animals, adding that such damage must be addressed for both the perimeter fence and any property inside it.

Adds language requiring subdividers to address animal-caused damage not just to the perimeter fence but also to other properties within the fence.

The amendment text is limited in explaining all aspects of the change, focusing only on modifying an existing requirement about animal damage.

SF0137H2003

2nd reading • Representative Stith

Failed

Plain English: The amendment adds requirements for the construction of animal-friendly fences in ungulate wildlife migration corridors, specifying details such as wire spacing and pole placement.

Adds new requirement (iv) to specify that fences in ungulate migration areas must be constructed in an 'animal friendly' manner.
Specifies that for wire fencing, the top wire should not exceed 42 inches above ground level, with a middle wire at least 12 inches below and a bottom wire at least 18 inches above grade.
For buck and pole fencing, every other section must have only two poles between them, with specific height requirements for these poles.

The amendment does not specify what constitutes 'animal friendly' construction beyond the detailed specifications given for wire and buck and pole fences.

SF0137H3001

3rd reading • Representative Larson, JT

Adopted

Plain English: The amendment changes how subdividers are required to handle perimeter fences in new subdivisions.

Changes the requirement from subdividers constructing perimeter fences themselves to being responsible for their construction.

The exact details of what 'being responsible' entails (e.g., hiring contractors, paying costs) are not specified and would need further clarification.

SF0137H3002

3rd reading • Representative Yin

Adopted

Plain English: The amendment removes specific fencing requirements previously added by another amendment.

Removes a previous amendment's changes related to fencing requirements on page 4, lines 10 and 12.

The exact nature of the removed fencing requirements is not provided in this amendment text.

SF0137S2001

2nd reading • Senator Steinmetz

Adopted

Plain English: The amendment adds a new clause to protect adjoining landowners from liability if their livestock wanders into a newly subdivided area, and it clarifies that existing legal perimeter fences do not require construction or payment by subdividers.

Adds protection for adjoining landowners against liability when their livestock enters the newly subdivided land.
Clarifies that subdividers are exempt from constructing new perimeter fences if a legal one already exists at the location.

SF0137SS001

Standing Committee • Senate Agriculture, State and Public Lands & Water

Adopted

Plain English: The amendment changes how the bill talks about constructing a perimeter fence by removing unnecessary words.

Removes 'the perimeter fence and the' after 'construction'.
Changes 'of construction' to 'for construction'.

Bill History

2023-03-09 LSO
Assigned Chapter Number 173
2023-03-09 Governor
Governor Signed SEA No. 0091
2023-03-02 House
H Speaker Signed SEA No. 0091
2023-03-02 Senate
S President Signed SEA No. 0091
2023-03-02 LSO
Assigned Number SEA No. 0091
2023-03-02 Senate
S Concur:Passed 28-2-1-0-0
2023-03-01 Senate
S Received for Concurrence
2023-03-01 House
H 3rd Reading:Passed 51-9-2-0-0
2023-02-28 House
H 3rd Reading:Laid Back
2023-02-27 House
H 3rd Reading:Laid Back
2023-02-24 House
H 3rd Reading:Laid Back
2023-02-23 House
H 2nd Reading:Passed
2023-02-22 House
H 2nd Reading:Laid Back
2023-02-21 House
H COW:Passed
2023-02-16 House
H Placed on General File
2023-02-16 House
H05 - Agriculture:Recommend Do Pass 9-0-0-0-0
2023-02-13 House
H Introduced and Referred to H05 - Agriculture
2023-01-27 House
H Received for Introduction
2023-01-27 Senate
S 3rd Reading:Passed 26-4-1-0-0
2023-01-26 Senate
S 2nd Reading:Passed
2023-01-25 Senate
S COW:Passed
2023-01-25 Senate
S Placed on General File
2023-01-25 Senate
S05 - Agriculture:Recommend Amend and Do Pass 4-1-0-0-0
2023-01-20 Senate
S Introduced and Referred to S05 - Agriculture
2023-01-18 Senate
S Received for Introduction
2023-01-18 LSO
Bill Number Assigned

Official Summary Text

Bill Summary - 23LSO-0663
Bill No.:

SF0137

Effective:

7/1/2023

LSO No.:

23LSO-0663

Enrolled Act No.:

SEA No. 0091

Chapter No.:

173

Prime Sponsor:

Steinmetz

Catch Title:

Subdivisions-fencing requirements.

Subject:

Providing requirements for the construction and costs of perimeter fences.

Summary/Major Elements:

This act streamlines and clarifies requirements for the construction, financial responsibility and maintenance of perimeter fences in subdivisions adjacent to land where livestock can legally run at large.

The act provides that the subdivider is responsible for the construction of perimeter fences in subdivisions adjacent to livestock land, unless all adjacent landowners consent that a perimeter fence is not necessary, or a legal fence already exists.

The subdivider is responsible for all costs of the original construction for the perimeter fence, which must meet statutory requirements for a lawful fence (in terms of the construction, material and spacing of the fence).

After construction is completed, the subdivider is responsible for the costs of maintaining the fence, unless the fence is made of steel or concrete posts, in which case the adjoining landowner is responsible for one-half (1/2) of the costs.

After construction, the subdivider is not liable for any fence damage caused by livestock, provided that the perimeter fence is properly maintained.

Before receiving a subdivision permit from the county, a subdivider must provide information regarding the construction of or the plans to construct a perimeter fence if required.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text

23LSO-0663

ORIGINAL Senate

ENGROSSED
File No
.
SF0137

ENROLLED ACT NO. 91,

SENATE

SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING
2023 General Session

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 18
‑
5
‑
319 is created to read:

18
‑
5
‑
319.

Fencing requirements for subdivision permits.

(a)

Each subdivider seeking to create or divide a subdivision that is adjacent to lands upon which livestock can be legally run at large shall comply with all of the following:

(i)

The subdivider shall be responsible for the construction of a perimeter fence on any part of the subdivision that is adjacent to lands upon which livestock can be legally run at large unless a legal perimeter fence already exists at that location or all adjacent landowners' consent that a perimeter fence is not necessary;

(ii)

The perimeter fence required under this subsection shall be a lawful fence as prescribed by W.S. 11
‑
28
‑
102;

(iii)

The subdivider shall be responsible for all costs of the original construction for the perimeter fence.

(b)

Upon completion of the construction of a perimeter fence required under this section, the subsequent landowner or, if the subdivided parcel has not been sold, the subdivider shall:

(i)

Be responsible for the costs of maintaining the perimeter fence provided that the adjoining landowner shall be responsible for half of the costs of maintaining the perimeter fence, not to exceed the reasonable costs to maintain the fence if the fence was a fence under W.S. 11
‑
28
‑
102(a)(i);

(ii)

Not be liable for any damage caused by or arising from livestock pastured on adjoining land that may breach the perimeter fence and wander on the subdivided land, provided that the perimeter fence is maintained in accordance with this section.

(c)

The adjoining landowner shall not be liable for any damages caused by, or arising from, livestock pastured on the adjoining land that may wander onto the subdivided land except as provided in W.S. 11
‑
28
‑
108.

(d)

Before receiving a subdivision permit under this article, a subdivider shall provide information and evidence of the construction or plans to construct any perimeter fence required by this section in accordance with W.S. 18
‑
5
‑
306(a)(xiii).

Section 2.

W.S. 18
‑
5
‑
306(a) by creating a new paragraph (xiii) is amended to read:

18
‑
5
‑
306.

Minimum requirements for subdivision permits.

(a)

The board shall require, and with respect to paragraph (xii) of this subsection may require, the following information to be submitted with each application for a subdivision permit, provided the board may by rule exempt from any of the following requirements of this subsection or subsection (c) of this section, including paragraph (xii) of this subsection, the subdivision of one (1) or more units of land into not more than a total of five (5) units of land:

(xiii)

If required under W.S. 18
‑
5
‑
319, plans for the construction of perimeter fences, including the type of perimeter fence to be constructed, the materials to be used and the subdivider's plan for paying the costs of the perimeter fence and the construction of the perimeter fence.

Section 3.

W.S. 11
‑
28
‑
106(b) is repealed.

Section 4
.

This act is effective July 1, 2023
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk