Senate Agriculture committee approves printing of bill clarifying fence responsibility along federal allotments

Sen. Mark Harris, R–District 35, told the Senate Agriculture Committee that RS 32,111 would add language to Title 35 of the Idaho Code to clarify that landowners who border federal land and allotments are responsible for constructing and maintaining fences.

The clarification, Harris said, reflects existing practice and responds to a lawsuit last year that had raised uncertainty about who must pay for or repair fences adjacent to federal allotments. “So, basically if you border federal land and allotment, the fence is yours, the private land owners,” Harris said in committee. He asked the committee to send the request to print.

Committee vice chair Sen. Zito asked whether the measure was intended to create a “fence to keep out” condition; Harris replied that the provision is intended to keep livestock from entering private property. “This is to keep the cattle or livestock from coming down on bridal ground,” Harris said. The committee debated no amendments and moved the request to print.

Sen. Van Orden made the motion to send RS 32,111 to print; Sen. Taylor seconded. The committee chair called for a voice vote; the motion carried and the request was ordered printed.

The proposal would be an addition to Title 35; the RS was presented as clarifying existing responsibility rather than creating a new obligation for private landowners. The committee did not adopt changes or direct staff to prepare amendments during the hearing.

The committee record shows no further action at this meeting beyond ordering RS 32,111 printed for potential future introduction and debate.