H.B. 119 Enrolled

FENCING RESPONSIBILITIES WITH
GREENBELT OR CONSERVATION EASEMENT
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: David Ure

LONG TITLE
General Description:
This bill modifies agricultural fencing provisions to require a qualified adjoining
landowner to pay 1/2 the cost of constructing and maintaining a fence under certain
situations.
Highlighted Provisions:
This bill:
. defines qualified landowner and qualified adjoining landowner as owners of land
used for certain purposes that qualifies under Section 59-2-502 as land in
agricultural use or land qualifying as conservation easement land for purposes of this
section;
. requires qualified adjoining landowners to pay 1/2 the cost of a partition fence in
certain situations;
. requires that fencing costs be reasonable, of the type commonly found in that area,
and no more expensive than certain specified materials; and
. allows the qualified landowner to bring a civil action against the qualified adjoining
landowner for noncompliance.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:

4-26-5.1, Utah Code Annotated 1953

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 4-26-5.1 is enacted to read:
4-26-5.1. Definitions -- Qualified landowners and qualified adjoining landowners
partition fences -- Contribution -- Civil action for damages.
(1) As used in this section:
(a) "Qualified adjoining landowner" means a private landowner whose land adjoins the
land of a qualified landowner and is used for grazing livestock or as habitat for big game wildlife
and:
(i) is land which qualifies under the definition of "conservation easement" as defined in
Section 57-18-2 , under Title 57, Chapter 18, Land Conservation Easement Act; or
(ii) is "land in agricultural use" that meets the requirements of Section 59-2-502 .
(b) "Qualified landowner" means a private landowner whose land is used for grazing
livestock and:
(i) is land which qualifies under the definition of "conservation easement" as defined in
Section 57-18-2 , under Title 57, Chapter 18, Land Conservation Easement Act; or
(ii) is "land in agricultural use" that meets the requirements of Section 59-2-502 .
(2) A qualified landowner may require the qualified adjoining landowner to pay for 1/2 of
the cost of the fence if:
(a) the fence is or becomes a partition fence separating the qualified landowner's land
from that belonging to the qualified adjoining landowner;
(b) the cost is reasonable for that type of fence;
(c) that type of fence is commonly found in that particular area; and
(d) the construction of the fence is no more expensive than the cost for posts, wire, and
connectors.
(3) If the qualified adjoining landowner refuses, the qualified landowner may maintain a
civil action against the qualified adjoining landowner for 1/2 of the cost of that portion of the

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fence.
(4) The cost of the maintenance of the fence shall also be apportioned between each party
based upon the amount of land enclosed. A party who fails to maintain his part of the fence is
also liable in a civil action for any damage sustained by the other party as a result of the failure to
maintain the fence.

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