35-102. LAWFUL FENCES DESCRIBED. Lawful fences are described as follows:

1. If made of stone, four feet (4′) high, two feet (2′) base, and one foot (1′) thick on top.

2. If it be a worm fence, the rails must be well laid and at least four feet (4′) high.

3. If made of posts, with boards, rails or poles, the posts must be well set in the ground and not more than eight feet (8′) apart, with not less than three (3) six-inch (6") boards, or rails, or poles not less than two and one-half inches (2 1/2) in diameter at the small end; if four (4) poles are used, they must not be less than two inches (2") in diameter at the small end. The top board, rail or pole must not be less than four feet (4′) from the ground, the spaces well divided, and the boards, rails or poles securely fastened to the posts; if poles not less than three inches (3") in diameter at the small end are used, the posts may be set twelve feet (12′) apart.

4. If wire be used in the construction of fences, the posts must not be more than twenty-four feet (24′) apart, set substantially in the ground, and three (3) substantial stays must be placed at equal distances between the posts, and all wires must be securely fastened to each post and stay with not less than three (3) barbed wires, or four (4) coiled spring wires of not less than number nine (9) gauge. The bottom wire shall be not more than twenty-one inches (21") from the ground, and the other wires a proper distance apart. The wires must be well stretched and the fence not less than forty-seven inches (47") high. If all woven wire fencing is used, the top and bottom wire must be not less than number nine (9) gauge, or two (2) number thirteen (13) gauge wires twisted together, with intermediate bars not less than twelve inches (12") apart and of not less than number fourteen (14) gauge wire, and the stay wires not more than twelve inches (12") apart, and the top wire not less than forty-seven inches (47") from the ground. If woven wire less in height is used, it must be brought to the height of forty-seven inches (47") by additional barbed wires, or coiled spring wire of not less than number nine (9) gauge, and not more than twelve inches (12") between the wires: provided, that if barbed wire only is used, and the posts are not more than sixteen feet (16′) apart, no stays need be used. Provided further that the minimum forty-seven inch (47") fence height specified above may be reduced to forty-two inches (42") for right-of-way fences on the state highway system when mutually agreed by the Idaho director of department of transportation and the director of the Idaho fish and game department as necessary to accommodate big game animals at major migration crossings.

5. If made in whole or in part of brush, ditch, pickets, hedge, or any other materials, the fence, to be lawful, must be equal in strength and capacity to turn stock, to the fence above described.

6. All fences in good repair, of suitable material and of every description, and all creeks, brooks, rivers, sloughs, ponds, bluffs, hills or mountains, that present a suitable obstruction to stock are deemed lawful fences.

History:

[(35-102) R.S., sec. 1301; am. 1901, p. 207, sec. 1; am. 1907, p. 132, sec. 1; reen. R.C. & C.L., sec. 1265; C.S., sec. 1957; I.C.A., sec. 34-102; am. 1967, ch. 261, sec. 1, p. 731.]