73-29-207. Fences across public water.

148 words·~1 min read·/ut/title-73/chapter-29/73-29-207

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)The owner of a public access area adjacent to and lying beneath a public water may place a fence or obstruction across a public water for agricultural, livestock, or other lawful purposes.

(2)A fence or other obstruction shall:

(a)comply with an applicable federal, state, or local law; and

(b)be constructed in a manner that does not create an unreasonably dangerous condition to the public lawfully using the public water.

(3)The owner of a public access area shall allow the placement of a ladder, gate, or other facility allowing portage around a fence or obstruction if:

(a)the owner places a fence or obstruction across a public water in accordance with Subsection

(1); and

(b)the water is open to public recreational access by permission or under Section 73-29-203 .

Enacted by Chapter 410 , 2010 General Session