Some states are “open range” or a “fence out” states, meaning that a livestock owner does not have a legal duty to prevent animals from getting onto the roadway. But some state legislatures have enacted statutes known as "stock laws" that modify the common law (rules contained in court opinions written by judges) and prohibit owners from allowing animals to run at large.
Utah is considered an 'open range' or a 'fence out' state, which traditionally means that livestock owners are not required to fence in their animals to prevent them from wandering onto roadways. However, Utah has modified the open range doctrine through state statutes. Specifically, Utah Code Annotated § 4-25-1 et seq. outlines the responsibilities of livestock owners and the conditions under which animals may be allowed to run at large. These laws can vary by county, as some counties in Utah have adopted 'herd district' regulations where the open range is not applicable, and livestock owners are required to fence in their animals to prevent them from roaming freely. In such districts, owners may be liable for damages caused by animals that are allowed to run at large. It is important for livestock owners in Utah to be aware of the specific regulations that apply in their county to understand their legal responsibilities.