Arizona’s Open Range Laws - October 10, 2012 Jeff Schalau, Agent, Agriculture & Natural Resources University of Arizona Cooperative Extension, Yavapai County Owning and managing livestock is an important part of rural life in Arizona. As more and more homes have been built adjacent to areas traditionally used for farming and ranching, the potential for conflict between livestock owners and homeowners has increased. Regardless of whether you own large animals, you must be aware of your responsibilities towards your neighbors’ livestock. The details of your responsibilities—and your liability—depend in large part upon where you live and whether you have a suitable fence around your property. Although you may have heard or read about Arizona’s open range law, there is no actual law in Arizona that defines open range. Rather, the concept came about as part of Arizona’s ranching history. Large ranches owned by one person sometimes surrounded smaller parcels owned by another person. The owner of the large ranch would require the small landowner to put up their own fences to keep out the rancher’s cattle. This saved the rancher from having to fence ALL the small parcels that existed inside his ranch lands. So it became the responsibility of the small landowner to fence out the rancher’s cattle. Although there may not be an actual open range law on the books, there are nine state statutes that pertain to livestock and fences (Arizona Revised Statutes (ARS) Title 3, Chapter 11, Article 8). If you find yourself in a conflict with a neighbor, it would be wise to review the state statutes and visit with the county or municipal planning and zoning department that presides over your jurisdiction. Below are some key points related to open range and No-Fence Districts. County Boards of Supervisors have the authority to designate No-Fence Districts. Contact your county’s Clerk of the Board of Supervisors office to find out if you live within a No-Fence District. If you do live in a No-Fence District, liability for property damage by stray livestock falls on the livestock owner. If, like most Arizona residents, you DO NOT live in a No-Fence District, it is your responsibility to fence out unwanted livestock using a “Lawful Fence,” as defined in ARS 3-1426. This is especially important in areas on your property that contain gardens or ornamental plants where livestock could cause significant damage. A lawful fence 1) has posts spaced no more than 30 feet apart; 2) has at least four strands of barbed wire; and 3) spaces the wires such that they are 18”, 28”, 38” and 50” above the ground, respectively. If you have constructed a lawful fence and livestock break through that fence to cause damage to your property, you are entitled to file with either your justice of the peace or your superior court to recover damages. Furthermore, if you kill livestock in an open range area, whether it is an accident or not, you are liable to the owner to compensate for damages. Remember, even as a small-acreage landowner, if you own livestock that does damage to someone else’s property and they either live in a No-Fence District OR have built and maintained a legal fence, you will be guilty of a class 2 misdemeanor and are liable for damages. If you are involved in an automobile accident with livestock, contact your county’s Clerk of the Board of Supervisors office to find out if the particular location is a No-Fence District to see if you have any legal recourse. As mentioned previously, if an accident outside of a No-Fence District results in a dead animal, you are liable to the owner for his or her loss. Although it’s technically not one of the nine statutes pertaining to open range and No-Fence Districts, it is important that landowners understand ARS 3-1311, as well. This statute explains that dog owners must not let their pets chase, wound or kill livestock. They are liable for damages, will be charged with a misdemeanor and their dog may be legally killed if it can be conclusively shown that it harassed or killed livestock. The above information was excerpted from the University of Arizona Cooperative Extension Publication AZ1533, Arizona’s Open Range “Law”, by Erik Glenn and Cori Dolan. For more information on rural living and small acreage issues, visit Arizona’s Changing Rural Landscapes website at http://ag.arizona.edu/rurallandscape. Follow the Backyard Gardener on Twitter – use the link below. If you have other gardening questions, call the Master Gardener help line in the Camp Verde office at 928-554-8999 Ext. 3 or e-mail us at cottonwoodmg@yahoo.com and be sure to include your name, address and phone number. Find past Backyard Gardener columns or provide feedback at the Backyard Gardener web site: http://cals.arizona.edu/yavapai/anr/hort/byg/. Follow the Backyard Gardener on: Back to Backyard Gardener Home Page

Arizona Cooperative Extension Yavapai County 840 Rodeo Dr. #C Prescott, AZ 86305 (928) 445-6590

Last Updated: October 3, 2012 Content Questions/Comments: jschalau@ag.arizona.edu Legal Disclamer