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Hall County commissioners say fence notices enforce state law as landowners push back
Summary
Commissioners said they will enforce state right‑of‑way statutes consistently after receiving complaints from landowners; a farmer told the board he feared a deep ditch and said notices targeted his property, and county officials urged a uniform notice-and‑removal process to limit liability.
Commission chair opened discussion on county enforcement of fences in the public right‑of‑way, saying staff will issue standardized notices and allow 30 days for removal before the county takes corrective action.
County Attorney Marty said the county must follow state statute and ‘‘we shouldn't be treating anybody differently’’ when enforcing right‑of‑way rules, adding the board risks liability if it grants exceptions. He told commissioners the county intends to ‘‘provide notice, give them 30 days, and then we move it for them and charge them.’’
Public Works staff described outreach efforts and said roughly 20 notices have been distributed while crews are documenting violations. The director said most responses have been cooperative but a few landowners ‘‘don't understand’’ the need to move fences out of the right‑of‑way.
During public participation, resident Dwayne Skirtlet identified himself and said the fencing enforcement ‘‘is aimed at me,’’ describing a steep ditch he said creates safety risks for heavy vehicles. Skirtlet said he had placed equipment near the right‑of‑way to shield vehicles from a 30–40 foot drop and asked for a list of property owners who received notices; county officials advised him to submit video evidence and the road department offered to inspect the site.
Commissioners repeatedly framed the issue as legal compliance. One commissioner noted prior incidents (corn planted in right‑of‑way, electric fences) that exposed the county to potential lawsuits and emphasized the board’s responsibility to enforce statutes uniformly to protect taxpayers. Commissioners discussed options such as discing or adjusting ditch slopes and suggested working with the landowner to identify practical fixes.
The board did not take formal action on individual exceptions during the meeting; officials said they would allow staff to proceed with notice issuance, evaluate specific complaints brought forward by residents and pursue remediation consistent with state law.
