Section 2. Fencing and Holding Requirements. (1)(a) An exterior fence shall be at least eight (8) feet above ground level for its entire length, and consist of twelve and one-half (12 1/2) gauge woven wire, fourteen and one-half (14 1/2) gauge high-tensile woven wire, wood planks, or chain link.
(b) A single or double strand of barbed wire strung across the top to bring the total fence height to eight (8) feet shall be acceptable.
(c) Strands of barbed wire shall not be more than six (6) inches apart and shall not be more than five (5) inches from the top of the aforementioned fencing.
(d) Spacing between vertical wires shall not exceed six and one-half (6 1/2) inches for captive deer or species whose adult size is less than 400 pounds and twelve (12) inches for captive elk or species whose adult size is 400 pounds or more.
(e) If two (2) woven wire fences are combined, one (1) above the other, the woven wire fences shall be overlapped at least six (6) inches and firmly attached to each other at intervals no greater than three (3) feet.
(f) The fence bottoms shall be installed to provide not more than three (3) inches of ground clearance.
(2) Right-of-way.
(a) The fence right-of-way shall be cleared for a distance of six (6) feet on each side.
(b) If the fence is a property boundary fence, the fence right-of-way shall be cleared for a distance of six (6) feet on the inside only.
(c) If dead timber with a height greater than the distance of the fence exists on the permittee’s property, it shall be felled.
(3)(a) Fence posts shall extend a minimum of eight (8) feet above the ground and shall be of sufficient strength to maintain the fence integrity.
(b) Pine wood posts shall be treated.
(c) Posts shall be set to a minimum depth of three (3) feet.
(d) T-posts shall be installed according to manufacturers’ specifications.
(4) Line posts.
(a) Wooden line posts shall be a minimum of four (4) inches in diameter and shall not be spaced more than twenty-four (24) feet apart.
(b) Steel pipeline posts shall:
1. Be a minimum of two and three-eighths (2 3/8) inches in outside diameter;
2. Weigh a minimum of three (3) pounds per foot; and
3. Not be spaced more than twenty-four (24) feet apart.
(c) Metal "T" posts shall be a minimum of one and one-quarter (1.25) pounds per foot and shall be spaced no more than twenty (20) feet apart.
(d) If the woven wire is not high tensile, there shall be a wooden or steel pipe post every sixty (60) feet.
(5) Corner and end posts.
(a) Wooden corner and end posts shall be a minimum of five (5) inches in diameter.
(b) Steel pipe corner and end posts shall be a minimum of two and seven-eighths (2 7/8) inches in outside diameter.
(c) Corner and end posts of other materials shall be of sufficient strength to maintain the fence integrity and shall be approved by the department prior to installation.
(6) Gates shall be:
(a) Substantially constructed to meet the specifications of the fence; and
(b) Equipped with at least one (1) latching and one (1) locking device.
(7)(a) Swinging water gaps and stream crossings shall be constructed to equal or exceed the standards of the fence.
(b) These crossings shall be adequate to prevent ingress and egress during high water.
(c) Permissible water gaps are as follows:
1. Swinging gates constructed to match the contour of the stream supported by cable or hinge (larger water gaps);
2. Pipe with swinging barrier (larger water gaps);
3. Pipe with fixed mesh barrier (smaller water gaps); and
4. Heavy gauge woven barrier contoured to fit the gap (smaller water gaps).
(8) If topographic, natural or other conditions exist that enable cervids to pass through, under, or over the fence, the permittee shall be required to supplement the fence with additional, stronger or higher fence posts, special grading, additional wire to increase fence height or other measures to prevent escape.