Requirements for Fencing Across Streams and Rivers


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Environment and Natural Resources
FOR IMMEDIATE RELEASE: June 28, 2001
FOR MORE INFORMATION: Mark Rath, 773-3352

Requirements for Fencing Across Streams and Rivers

PIERRE – State officials would like to remind landowners with livestock on property bordering major streams and rivers that there are gate requirements for fences crossing some of these waters. The gates are necessary to allow public use of the waterway for such seasonal outdoor activities as canoeing and snowmobiling.

Officials from the state Department of Agriculture, Department of Game, Fish & Parks, and Department of Environment and Natural Resources (DENR) say the reminder is important during this time of the year as streams and rivers in South Dakota return to more normal levels following the high spring runoff period.

Rivers and creeks in the state where gates are required in fences crossing the water include portions of the Bad, Big Sioux, Cheyenne, East Vermillion, Elm, Grand, Little Missouri, Little White, Moreau, Red Water, Vermillion, and White rivers; and Flandreau, Firesteel, Moccasin, Split Rock, and Turtle creeks. In addition, fences crossing these stream segments need to be registered with the Department of Environment and Natural Resources.

State law requires that the gates installed in these fences must have an opening at least 6-feet high by 6-feet wide and the opening must be outlined with reflective tape or highly visible material. Reflectors or highly visible material spaced at a maximum 25 feet must be attached to the fence connecting the gate with the stream bank and needs to be visible from both up and downstream. The gates are to be left open when livestock are not present and closed when livestock are present.

For more information concerning fencing requirements, affected stream segments, or how to register your fence crossing, contact the Department of Environment and Natural Resources, Water Rights Program, at (605) 773-3352 or visit the fencing website at www.state.sd.us/denr/des/waterrights/fence.htm.

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