North Dakota Statewide Rule
North Dakota Livestock At Large Law (Herd Law)
Key Facts
- Governing statute
- N.D.C.C. § 36-11-01
- Rule
- Fence-in (herd law) state
- Penalty
- Class B misdemeanor
- Livestock defined
- Bison, cattle, goats, horses, sheep, swine
- Trespass remedy
- Impound; owner pays all damages
Summary
North Dakota is a fence-in state: no livestock may be permitted to run at large. An owner or possessor who willfully lets cattle, horses, sheep, goats, or swine roam by failing to maintain a lawful fence commits a class B misdemeanor.
36-11-01. Livestock running at large prohibited - Penalty. No livestock may be permitted to run at large. Any owner or possessor of livestock who willfully permits the livestock to run at large through failure to maintain a lawful fence as provided in section 47-26-01, except in grazing area as provided in section 36-11-07, is guilty of a class B misdemeanor. ... 36-11-01.1. Livestock - Definition. As used in this chapter, "livestock" includes bison, cattle, goats, horses, mules, sheep, and swine.
Full Breakdown
Under N.D.C.C. § 36-11-01, no livestock may be permitted to run at large. An owner or possessor who willfully lets livestock roam through failure to maintain a lawful fence (§ 47-26-01) is guilty of a class B misdemeanor, punishable by up to 30 days in jail and a $1,500 fine. Section 36-11-01.1 defines livestock as bison, cattle, goats, horses, mules, sheep, and swine: poultry such as chickens is not covered. Trespassing livestock triggers full liability for resulting damage, and the injured party may take up (impound) the animals until damages and costs are paid (§ 36-11-10). Counties may designate open-range grazing areas where limited-liability rules apply (§ 36-11-07).
Violations & Penalties
Willfully permitting livestock to run at large through failure to maintain a lawful fence is a class B misdemeanor. Trespassing animals may be impounded, and the owner is liable for all resulting damages, statutory costs, and a reasonable attorney's fee.
Frequently Asked Questions
Is North Dakota a fence-in or fence-out state?
Does this livestock law cover chickens?
What happens if a neighbor's cattle trespass onto my land?
Sources
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