Good Fences, Good Neighbors

October 2025 | Eric Jennings, Lawrence County Commissioner Opinion Editorial, Black Hills Pioneer

One day this summer I received a call from the Lawrence County dispatch because there was a herd of cows that were on the gravel road I live along. I looked at them and figured out whose they were, called the owner who was out of town and unable to deal with them.  With the help of my horse and dog, we herded them back up over the hill where they came from and put them back through the gate they had knocked down. That happens sometimes. Cows lean over the fence in search of greener grass and sometimes a wire gives way allowing them to make their escape.  

Obviously having cows making their way to a public road is a safety concern for the people using the road and the cows. Most ranchers are very diligent about maintaining fences to ensure their cows stay where they belong. When a rancher turns livestock in a pasture, he/she wants them to stay in said pasture. There are many reasons for this with the most prevalent being the safety of the animal and motorists, should the animals be able to reach a road. They rotate through multiple pastures through the grazing season to benefit the plant and soil health of the pastures. Removing the cows after the grass plant has been eaten off allows the plant to recover, start to regrow leaf matter and build up its energy reserves in its roots so it will be ready to grow again the next spring. This management also promotes the native plants to populate the pastures which are typically deeper rooted and more resilient to drought. Having deep rooted native plants also promotes the soil health by creating a healthy ecosystem beneath the soil surface.   

Landowner responsibility for fencing is addressed in state law. State law defines which portion of the fence on a shared property line is each landowner’s responsibility. As a landowner stands on his/her own property facing the fence, the half of the fence on his/her righthand side is his/her responsibility. South Dakota is a fence out state, meaning if you don’t want your neighbor’s livestock on your property, it is your responsibility to fence them out. I hope we can all agree that being a good and responsible neighbor goes beyond that.   

Even though state law doesn’t require you to maintain the fence if you don’t care if the neighboring animals graze your land, it is important to do so for the safety of the animals and to foster good relations with your neighbor.