Beaver County adopts ordinance regulating antiquated fences along state highways

The Beaver County Commission voted to adopt Ordinance 2026-07, a measure to protect long-standing boundary fences that lie adjacent to or within Utah state highway rights-of-way by requiring prior written consent from the Utah Department of Transportation before removal or substantial alteration.

The ordinance defines an "antiquated fence" as a fence or portion of a fence in continuous existence for 50 years or more and bars unpermitted removal, damage or alteration of such fences where they border or lie within the right-of-way of state highways. The measure allows routine maintenance that does not change a fence’s historical alignment or character, and establishes misdemeanor penalties for violations.

Commissioners discussed whether the ordinance should include technical construction or maintenance specifications. During debate members proposed tying relocation or reconstruction standards to Beaver County fencing requirements and UDOT standards so the county would have enforceable specs without drafting multiple technical paragraphs during the meeting. The commission agreed the ordinance provides a baseline and can be amended to add more specific language after county counsel and resource-management staff propose standard references.

Supporters argued the policy addresses public-safety risks where degraded fences allow livestock onto roadways and can reduce future liability for landowners and the county. At least one commissioner urged the body to adopt a version now to have an enforceable rule in place and then refine it administratively or by subsequent amendment. The ordinance passed on a voice vote.

Next steps: county legal staff will prepare amended language linking the ordinance to Beaver County fencing specifications and coordinating procedures with UDOT, and commissioners signaled they expect to consider technical tweaks at a future meeting.