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Resident urges Rockbridge County to reconsider "fence-out" livestock rule
Summary
At the March 10 Rockbridge County Board of Supervisors meeting, a resident described repeated livestock trespass and urged the board to research switching from a "fence-out" policy to a "fence-in" ordinance like Augusta and Rockingham counties; the board asked staff to gather information but took no formal vote.
Anne Russick of the Buffalo magisterial district told the Rockbridge County Board of Supervisors on March 10 that recurring livestock breakouts on to her property have caused property damage and safety concerns and urged the board to consider abandoning the county's current "fence-out" ordinance.
Russick told the board she and her husband have kept horses on a 30-acre parcel for 30 years and described an incident on March 6 when about 12 to 15 Angus cattle wandered onto her driveway, entered an open hay shed and damaged equipment and feed. "Because of the fence out ordinance, there is no time frame that obligates an owner to retrieve his animals," Russick said. She said a deputy contacted the owner, who told the sheriff's office he would not retrieve the animals until the next day, and the cattle moved off her property of their own accord more than 12 hours after first entering it.
Why it matters: the county's fence-out policy assigns responsibility for fencing to landowners who want to keep others' animals off their property. Residents who oppose that approach say it leaves property owners exposed to repeated damage and provides little immediate recourse against animal owners who do not promptly retrieve roaming livestock.
Board reaction and follow-up: Chair Ayers acknowledged Russick's concerns and asked staff to review how neighboring jurisdictions handle livestock trespass. "I would like to take a minute on Miss Russick's comment ... ask that we do a little bit of look on what Augusta and Rockingham County are doing," Ayers said, directing staff to collect information.
A county staff member summarized options available under state law without citing a specific code section, saying that some localities adopt an ordinance treating property lines as lawful fences (commonly called a "fence-in" ordinance). Under that approach, the staff member explained, owners could impound animals that cross a lawful fence and pursue damages or a court lien for fence repair costs. The staff member cautioned that the process is "not simple" and may require court action to recover costs.
Board members asked staff to prepare more information and consult local stakeholders. One supervisor suggested reaching out to the Farm Bureau for guidance; another board member offered to provide a memo outlining what Augusta and Rockingham counties have adopted. No formal vote or ordinance change was proposed or adopted at the meeting.
Next steps: The board directed staff to gather written information and legal options about switching from a fence-out to a fence-in approach, consult local agricultural stakeholders, and return to the board at a future meeting. Russick said she was willing to answer questions and provided firsthand detail to inform the research.
