73-29-207 - Fences across public water.
73-29-207. Fences across public water.
(1) The owner of a public access area adjacent to and lying beneath a public water mayplace a fence or obstruction across a public water for agricultural, livestock, or other lawfulpurposes.
(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 conditionto the public lawfully using the public water.
(3) The owner of a public access area shall allow the placement of a ladder, gate, or otherfacility allowing portage around a fence or obstruction if:
(a) the owner places a fence or obstruction across a public water in accordance withSubsection (1); and
(b) the water is open to public recreational access by permission or under Section73-29-203.
Enacted by Chapter 410, 2010 General Session