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Property owners that back to NF?

Anyone one know the rules for removing or replacing the fence on the property line that backs to National forest? The fence is this ancient crappy 4 strand barbed wire thing that looks horrible. I've never have seen any livestock anywhere near the fence. I have contacted the Forest Service several times and no one ever calls me back.

I would like to remove it completely or at a minimum replace it with a short 2 rail split rail so wildlife have an easy time getting over and around it.

Any suggestions? TIA

Is this your property? If so, I think you can do whatever you want with the fence. I know of dozens of examples where there is no fence of any kind on the boundary between forest service and private. If it was my land I'd put up some signs marking it, but there is no law that says you must have a fence.

It's your property. So long as the fence is inside the survey line there's no problem. Also, the USFS will mark the boundary for you if you request it. They did that for my neighbors.

In many of the National Forests the last (and only) time a survey was done was in the 1880's. Quite a few of those were faked or done by some politicians brother law who had no surveying experience. Consequently an entire township may be needed to be retraced in order to set your property line. The cost would be half a million or more and the Forest Service needs all the funds it gets to fight fires.

osage, good point. Where I live the USFS came in and did a resurvey and determined that about a dozen property owners (and some homes) were actually on USFS property. They offered the landowners the opportunity to buy back their homes and property at today's market value. Some of these had been in families for generations and the current owners couldn't afford that.

It literally took an act of Congress to quit-claim the property back to the owners.

I don't have that problem, as the elk knocked the fence down years ago. The fence was originally put in by the rancher and was about 8 ft. high.

Terry

Yeah it's my land. It's definitely a barrier for the the wildlife so it must come down ;) You know for the animals.

I do have a current survey as there were some landowners that lost some land the last time the survey was done a few years ago.

Thanks for all your responses!

What state do you live in? Livestock fencing rules vary a bit state to state. Colorado for instance is a fence out state. Meaning you are responsible for fencing your neighbors cattle off your property. They also have standards for a range fence built for that purpose. Anyway, if you never see livestock it may not be an active grazing permit and may not matter or they might just not use that area due to lack of water or other reason. Drought years like this your will see livestock use the range a little different than average years as animals are looking for green feed and water. Your local ranger district should be able to at least tell you whether or not it is an active grazing permit that you border. That would help you determine what type of fence you should build. There are many ways to build a fence that will deter a cow but still be friendly to wildlife if that becomes important and wildlife agencies (CPW does anyway) have a pamphlet that they handout to interested people about wildlife friendly fencing. Hope that helps a bit.

If there aren’t livestock to deal with, I’d agree with the previous posts that you should build what you like as long as its on your land.

Use it to your advantage to funnel game movement onto your land right by your tree stands.

The property is in Colorado. i am aware of the open range laws. If I ever noticed livestock I'd put up a quick hot fence for them. It wouldn't be a good place to graze livestock anyway too many old growth ponderosa's not much sunlight hits the forest floor.

Be aware of 'Adverse Possession' when building/replacing your fence. Especially next to USFS land

I had the same issue. Old fence on the east boundary of property between mine and the NF in CO. Animals had destroyed it over the years.there was a commonly used Forrest trail close to my property line. I happily sold it a few years ago.

Suggestion- instead of removing the entire fence, install low crossings as frequently as you wish. These could be shaped as an "H", with the middle bar perhaps 2' to 2 1/2' off the ground.

From a land surveyor's perspective, I would suggest that any fence you build should be right on the property line. Otherwise you are pretty much giving up any of your land that was on the other side of your fence.

In regard to adverse possession, it's typically not possible to claim adverse possession against a government entity.

I was referring to Adverse Possession in favor of the USFS

Take it out. They will never know

If it’s on your land, Just take it down. Nobody can make you have fences. So why it would be an issue to remove one on your property makes no earthly sense to me.

They cannot make you have fences, but as he alluded to- we are an open range state so grazers on the NF with permits with cattle or sheep- it is your responsibility to fence them out of your property if you do not want them coming in.

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