Fence Laws: Keeping Wildlife Out, What You Need To Know

Fences are essential for defining property boundaries and containing livestock. However, traditional fence designs can harm or hinder wildlife, causing injuries or disrupting their migration patterns. This has led to the emergence of fence out laws or fence statutes, which vary across different states and counties. These laws aim to protect landowners from damage caused by stray livestock while also considering the need to ensure the free movement of wildlife. For example, in Colorado, the fence statute allows property owners to seek monetary damages for property damage caused by livestock that break through a properly maintained lawful fence. Understanding these laws is crucial when deciding on fence construction, as it involves balancing human needs with wildlife conservation.

Electric fencing

The type of electric fence you need depends on the wildlife you want to keep out. For small critters like rabbits, squirrels, and raccoons, a simple electric fence built around the perimeter of your garden or flower bed can be an effective deterrent. These fences typically have 3-5 wires spaced 3-4 inches apart, starting close to the ground, to prevent animals from digging or jumping through.

For larger wildlife like deer, coyotes, and bears, a more substantial electric fence is required. In some cases, a combination of electric and non-electric fencing may be necessary. For example, a five-foot woven-wire fence with extenders facing outward at the top of each post can help prevent coyotes from climbing into the area. To keep bears out, a minimum fence height of 3 feet is advised, with tightly stretched fencing material. Burying the wire or mesh underground may also be necessary to prevent some larger wildlife from burrowing under the fence.

It's important to note that electric fencing may not always be effective in deterring all wildlife. Some animals may figure out ways to get through, and their drive to reach a food source may sometimes be stronger than their fear of an electric fence. Additionally, electric fences require more maintenance than traditional fences and may not last as long.

When installing an electric fence, it's crucial to follow local regulations and consult a reputable dealer for specific information on power sources, fence design, and operation.

Exclusion fencing

For example, the Eastern foxsnake, a species at risk in Ontario, requires a different type of fence compared to the eastern massasauga rattlesnake (EMR), which is common in Pennsylvania. The EMR requires a traditional silt fence or snow fence to be set up outside areas of disturbance, such as construction sites, to act as a barrier. This type of fencing needs to be checked regularly to ensure it is intact and must be removed once construction is complete.

In contrast, the Eastern foxsnake can be excluded using the E-Fence™ system, which is a patented, cost-effective, and zero-waste wildlife exclusion fence. This system is highly configurable and can be adapted to address the behaviours and capabilities of individual species. For example, it can be customised with temporary gates, one-way escape gateways, climbing barriers, and livestock control systems.

When it comes to protecting livestock and poultry, electric fences can be an effective option. They work by delivering a high-voltage but low-amperage jolt that will not cause lasting injury to animals or humans and will not set fire to plants. Electric fences need to be properly designed, installed, powered, and maintained to be effective. They may also require more maintenance and have a shorter lifespan compared to woven wire fences.

To protect trees and shrubs from wildlife, welded wire fencing, hardware cloth, or multiple layers of chicken wire can be used. For larger areas, a six- to eight-foot woven-wire fence is recommended. This type of fence can be effective in preventing wildlife, such as deer, rabbits, skunks, and raccoons, from entering.

Wildlife-friendly fencing

Fencing is a common method to keep wildlife out of certain areas, such as gardens, orchards, and homes. While fencing can be effective in deterring wildlife, it is important to consider the welfare of animals and implement wildlife-friendly fencing practices. Traditional fencing can pose risks to wildlife, leading to injuries and fatalities.

Hazards of Traditional Fencing

The hazards of traditional fencing to wildlife are well-documented. Barbed wire fences, for example, have been identified as a threat to over 75 wildlife species in Australia, particularly nocturnal animals such as bats, gliders, and owls. These animals often become entangled in the top strands of barbed wire, with 86% caught on the top strand and 95% on the top two strands. Other hazards include fences that are too high, preventing kangaroos from jumping over or ducks from flying over, and fences that are too close to waterlines, impacting the ability of wetland birds to land or take off.

Features of Wildlife-Friendly Fencing

• Smooth wires: Using smooth wires without barbs, spikes, or razor wire reduces the risk of injury to animals.
• Height: Capping the height at a maximum of 42 inches allows most wildlife to jump over the fence without difficulty.
• Clearance from the ground: Providing at least 16 inches of clearance between the ground and the lowest beam or wire enables smaller animals, such as fawns, to crawl under the fence safely.
• Wide spacing between wires: Spacing wires or beams widely prevents animals from becoming tangled in the fence.
• Visibility markers: Adding visibility markers to the fence alerts wildlife to the presence of an access point, reducing the risk of collisions.

Benefits of Wildlife-Friendly Fencing

Implementing wildlife-friendly fencing practices offers several benefits:

• Reduced wildlife fatalities: Wildlife-friendly fences can significantly reduce deaths caused by traditional fencing, increasing biodiversity in the area.
• Protection of critical wildlife corridors: By allowing wildlife to navigate and migrate through fenced areas, these fences help protect critical wildlife corridors.
• Compliance with regulations: In some jurisdictions, local governments have enacted regulations requiring wildlife-friendly fencing to ensure the safe movement of wildlife while still effectively containing livestock and defining property boundaries.

Examples of Wildlife-Friendly Fencing Regulations

Several counties in the United States have implemented wildlife-friendly fencing regulations:

• Skamania County, Washington: In deer or elk wintering areas, fencing must be no higher than 42 inches, with the top two wires at least 10 inches apart to prevent entanglement. The bottom wire must be smooth and at least 16 inches off the ground to allow safe passage for fawns.
• Pitkin County, Colorado: Mesh or woven wire fences are prohibited outside the building envelope. Wire fences are limited to three strands, 42 inches in height, with the top wire barbless. The bottom wire must be 16 inches from the ground to allow fawns to crawl under safely.
• Snowmass Village, Colorado: In addition to the regulations of Pitkin County, Snowmass Village requires landowners to include "lay-down" or removable sections in fences within wildlife migration corridors.

Best Practices for Wildlife-Friendly Fencing

When installing wildlife-friendly fencing, it is important to consider the specific wildlife in the area and the purpose of the fence. Consulting with local wildlife experts or organizations can provide guidance on the most appropriate design. Proper construction and maintenance of the fence are also crucial to ensure its effectiveness and safety for wildlife.

Fence height

The ideal fence height depends on the type of wildlife you want to keep out. For example, deer can be persistent garden invaders and are known for their agility and ability to clear impressive heights. To keep them out, an 8-foot fence is recommended. This height is typically sufficient to prevent deer from jumping over and accessing the enclosed area.

In addition to height, other factors to consider include the behaviour and physical capabilities of the animals you want to keep out. For example, some animals may be deterred by visual cues, such as warning ribbons or tape that moves in the wind. The design of the fence is also important. A double-barrier fence or a slanting design can be more effective than a taller vertical fence, as they create an optical illusion that makes the fence appear taller.

If you are trying to keep out smaller animals, the recommended height of the fence may be lower, but you will need to ensure that the fence is properly installed and maintained. For example, burying the fence a few inches underground can deter animals from digging underneath. Additionally, using the right materials for your fence is crucial. Galvanized steel is a good choice for its strength and rust resistance.

In some areas, there may be regulations or ordinances in place that require fencing to be wildlife-friendly, allowing animals to traverse them safely. These fences typically have a maximum height of 42 inches to facilitate leaping over and provide adequate clearance at the bottom for animals to crawl under.

Fence maintenance

Fencing is a great way to keep wildlife out of certain areas, but it's important to choose the right type of fence and maintain it properly. Here are some tips to help you keep your fence in good condition and effective at deterring wildlife:

Choose the Right Fence Type

Select a fence type that is suitable for the wildlife in your area. A solid, well-built ranch fence with four bars is a good option for larger animals like deer. For smaller animals like rabbits and moles, a mesh fence buried at least 12 inches underground is more effective. Electric fences are also an option but require regular maintenance to ensure they remain charged.

Bury the Fence Deep Enough

To prevent small animals from digging under the fence, it's important to bury it deep enough. Burying the fence 12 inches underground should be sufficient to deter most small animals. You can use concrete to anchor the fence and prevent animals from digging under it.

Use Hardware Mesh for the Base

Hardware mesh is an effective way to keep small animals out of your garden. It is more expensive than other options, but it is worth the investment. Bury the hardware mesh 6-12 inches deep to deter voles, gophers, and moles. For mice, you may need to use traps or a cat as they can fit through very small spaces.

Install the Fence Correctly

Pull the fence tight to ensure there are no gaps or weaknesses that animals can exploit. For wire fences, use a come-along tool or similar device to achieve the proper tension.

Make Adjustments as Needed

If you find that your fence is not effective against certain types of wildlife, don't be afraid to make adjustments. For example, if you have a rabbit problem, you can add hardware mesh along the bottom of the fence and bury it several inches underground. Electric fencing strands can also be added around the perimeter to deter rabbits.

Regular Maintenance

Regularly inspect your fence for any signs of damage or wear and tear. For electric fences, check that the energizer and fence are working properly. Replace any rotting wood or deteriorating plastic mesh. Keep an eye out for areas that need repair, as upkeep is just as important as the initial installation.

Protect from Above

While a fence does a great job of deterring most animals, it may not protect against climbing and flying animals like raccoons, squirrels, and birds. Consider adding netting over your plants to protect them from these animals.

Consult Local Regulations

Before installing a fence, be sure to check local regulations and zoning requirements. Some areas have specific standards for fencing in sensitive wildlife habitat areas. These regulations may include height restrictions, wire spacing, and the use of visibility markers to reduce wildlife collisions.

Frequently asked questions