60-7-103. Department to fence right-of-way through open range -- exception. (1) Except as provided in subsection (3), the department shall fence the right-of-way of any part of a primary or secondary highway or a county road or bridge that is constructed or reconstructed after July 1, 1969, through open range where livestock present a hazard to the safety of the motorist. When a fence is constructed, adequate stock gates or stock passes, as necessary, must be provided to make land on either side of the highway usable for livestock purposes.
     (2) The department shall erect a right-of-way fence in the high-hazard areas where fencing is warranted as promptly as possible, and the cost of the fence construction is an expenditure for the enforcement of federal-aid highway safety programs. Even if a right-of-way fence is determined to be unwarranted pursuant to subsection (3), gates, stock underpasses, water facilities, and cattle guards may be installed where necessary to enhance safety and to make the land on either side of the highway usable for livestock purposes or where a public right-of-way intersects the state highway.
     (3) The department is not required to fence the right-of-way of a secondary highway through open range that passes through a county park, provided that:
     (a) the department and the board of county commissioners:
     (i) agree that the criteria listed in this subsection (3) have been adequately met; and
     (ii) cooperate in developing an accident mitigation plan for the portion of the highway that will remain unfenced. The plan may include the speed limit established as provided in 61-8-309 or 61-8-310, how the criteria listed in this subsection (3) have been met, how the plan will be implemented, and any other issues related to minimizing accidents involving livestock and motor vehicles where a fence has not been erected.
     (b) livestock grazing does not occur from Memorial Day to Labor Day;
     (c) the speed limit established as provided in 61-8-309 or 61-8-310 is clearly posted and enforceable;
     (d) warning signs indicating that livestock may be on the road are posted at regular intervals along the road and maintained during the months that livestock grazing occurs;
     (e) livestock management practices, such as locating water and administering dietary supplements away from the road and developing grazing and herding plans that minimize the amount of time that livestock are on or near the road, are employed; and
     (f) the unfenced portion of the road does not exceed 20 miles in length.

     History: (1)En. Sec. 1, Ch. 311, L. 1969; amd. Sec. 2, Ch. 255, L. 1974; amd. Sec. 91, Ch. 316, L. 1974; Sec. 32-2426, R.C.M. 1947; (2)En. 32-2429 by Sec. 5, Ch. 255, L. 1974; Sec. 32-2429, R.C.M. 1947; R.C.M. 1947, 32-2426(1), 32-2429; amd. Sec. 2, Ch. 204, L. 2001.