Chapter 4: Protecting Livestock, Equipment, and Assets

Livestock Isn’t Just Property, It’s the Heart of an Operation

In Idaho, livestock, equipment and land aren’t merely assets. They are symbols of a rancher’s legacy. Fortunately, Idaho law recognizes the importance of ranching and agriculture, and our legislature has provided protection for farmers and ranchers in some interesting ways. Over the years, the state has enacted numerous statutes to protect farmers and ranchers. From open-range laws to statutory immunity for equine activities, Idaho’s legal framework is built with the clear intent to uphold and defend a way of life. But knowing the protections available and the exceptions that apply is vital to any farm or ranch asset protection strategy.

Below are some key considerations in Idaho’s laws:

Brand Registration and Livestock Theft Protection

A brand isn’t just a logo; it’s a legal identifier. In Idaho, anyone who breeds, raises, or owns livestock intended for human consumption is required to maintain a registered brand. Registering a brand and understanding its legal weight is essential for asset protection. The Idaho State Brand Inspector will review your brand, and their office provides specific information about the size of the brand and how to apply for your brand on the website. To help you create a brand that is not already in use, you can review current brands in the state brand book online. Under certain circumstances, a brand inspection is required. Don’t get caught breaking the brand laws! Generally, the seller or current livestock owner is responsible for obtaining a brand inspection and paying the appropriate inspection fees. When buying livestock, require the seller to provide a brand inspection certificate, ensure the bill of sale is valid, and confirm it addresses both the brand and the required inspection. Not obtaining a brand inspection when required by Idaho law is an infraction for the first offense and a misdemeanor for the second offense that is punishable by a fine not to exceed $30 and / or six months in jail.

Statutory Immunity for Certain Activities

Idaho law protects ranchers from lawsuits stemming from certain inherently risky activities, such as equine activities. However, these laws come with exceptions, meaning proper signage, written waivers, and compliance are necessary to maintain that protection. Ensuring that participants are informed of the statutory protections and obtaining signed releases acknowledging their understanding of potential dangers and assumption of risk, can provide important evidence in upholding your immunity. Our firm offers several release of liability forms on our website, as well as customization of these forms to suit your particular situation.

Fencing

The old adage rings true: Good fences make good neighbors. Clearly marking boundaries not only helps prevent trespass, but strengthens your legal position in disputes. Under Idaho’s open range laws, which favor the free range of livestock (see below), property owners who wish to prevent grazing animals on their land must understand what qualifies as ‘legal’ fencing and ensure it is properly placed to ‘fence out’ livestock from areas where grazing is not desired. If your fence meets the statutory definition of “legal,” and open range livestock break through it, causing damage to your property, then the livestock owner can be held responsible for the damage. Other aspects to keep in mind with respect to fencing is that if your neighbor uses a fence that you built, then your neighbor is responsible for paying you for one-half of the cost to build the fence, and your neighbor is also responsible for maintaining one-half of the fence. It does not matter if your neighbor creates fences that do not physically touch your fence. The question is whether your neighbor is using it. Good neighbor will have no problem with this solution. Idaho law even provides a default mechanism dictating that each neighbor is responsible for maintaining the half of the fence to their left when standing on their own property and looking at the fence. Neighbors can agree otherwise, if they would like to override this default law.

Drone Use and Airspace

Drones are becoming increasingly common on ranches for an array of reasons, be it monitoring livestock, assisting in fencing, or even irrigating crops. However, drones over a certain weight must be registered, and Idaho law restricts their use in hunting or dangerously low flight over private land. Violating these rules can carry legal and civil liability. It is also important to note that Idaho drone laws specifically protect Idaho farms, dairies, ranches or other agricultural industries from drones flying over to gather information about your operation without your written consent. Be sure you understand and comply with both state and federal laws before using drones to assist with your operation.

Security and Surveillance

In today’s world, security cameras are essential to protect your land and livestock from theft, harassment, and to simply check on your animals’ safety and whereabouts. While security cameras can play a role in protecting livestock and property from theft or trespass, ranchers must still balance surveillance with privacy laws. Fortunately, Idaho law provides generous provisions to protect your property with security cameras. A picture is worth a thousand words as evidence in court, so using this technology is essential. Many cameras today let you log in via cell or Wi-Fi connection (where available) to monitor troughs, livestock, and equipment, saving you time and physical effort.

Easements, Roads, And Gates

Understanding legal access rights and ensuring they are documented is essential for long-term clarity, especially when private roads or shared gates are involved. Before granting an easement, make sure you understand the ramifications and the rights you are giving up to the person or entity you are allowing to access your land. Be very clear when drafting an easement to address who is responsible for maintaining the property subject to the easement. Sometimes, a license to use a portion of your property granted to a specific person (rather than encumbering the land forever with an easement) may be a better solution. Without a written, recorded agreement, Idaho law provides default rules regarding maintenance and access, which you may or may not like. It is essential to address in your written, recorded documents who is responsible for maintenance, and what options are available to a landowner who winds up in a situation where the other party to the agreement is not fulfilling his or her obligation (such as sharing in the cost to maintain the easement).

Open Range

Most of Idaho’s land is “open range.” What does this mean? It means that Idaho favors livestock “free grazing” on our bountiful lands, rather than being enclosed. It means that Idahoans encourage ranching. Open range is defined in our law as “All unenclosed lands outside of cities, villages, and herd districts, upon which cattle, by custom, license, lease, or permit, are grazed or permitted to roam.” The bottom line is that any land outside of city limits or a village that is not designated as a herd district is considered open range. Livestock may legally be on that land, may roam freely, and are protected from being driven off. As in most western states, this practice began long before statehood, when cattlemen would graze the wide-open rangelands with their herds. As settlers began to arrive, farmers were expected to fence around any fields in which they did not want freer-roaming livestock or wildlife to enter. This practice was adopted into law after Idaho became a state. In open range, domestic animals, including cows, horses, and sheep, have as much right to be on the road as vehicles or wildlife. They may graze on or near roads, highways, or even on your private property.

Idaho law specifically states that “No person owning, or controlling the possession of, any domestic animals running on open range, shall have the duty to keep such animal off any highway on such range, and shall not be liable for damage to any vehicle or for injury to any person riding therein, caused by a collision between the vehicle and the animal.” In fact, the opposite is true – if you injure livestock on open range, YOU are responsible to the livestock owner. If you harass or drive livestock of its range, you can be subject to criminal charges (see below).

Protection from Livestock Harassment

You can’t just scoot livestock off its lawful rangeland. Shooting at, chasing with paintball guns, horns, or ATVs is not only unfriendly and irresponsible, it is illegal. Idaho law protects our ranching heritage. Driving livestock from its range is a misdemeanor. Beating, harassing or maliciously using a dog against livestock is also criminal behavior under Idaho law. Poisoning animals, even if you simply place poison where it could be found by an animal, is a felony punishable by imprisonment for up to three years and a fine of up to $5000. Your job, as a responsible landowner in Idaho, is to fence out livestock from any property where you do not want livestock to graze. Hire a fencer to erect a fence that meets Idaho’s definition of a legal fence. Doing so will shift the burden to the rancher if the livestock trespass onto your land through your fence. It’s as simple and kind as that. Chasing and harassing animals is unwarranted, not Idaho friendly, and shows you should have stayed in the city.

Hunting and Livestock Leases

Written agreements are vital for both hunting and livestock leasing arrangements. They help define responsibility, compensation, liability, and boundaries. Written agreements can ensure that you are insulating yourself from as much liability as possible. Be familiar with the laws that address livestock leases. For example, Idaho law requires that if you lease more than 10 head of any livestock, that the lease be in writing and recorded in the deed records.

Farm Marketing and Livestock Dealing

While Idaho laws are mostly written to protect ranching and agriculture, there are requirements under both state and federal law before you can do business as a livestock dealer (such as licensing) or even market your farm products. Idaho law defines “farm products” as “all products, except livestock, grown in garden, on farm, ranch, or orchard, including poultry products, butter, cream, cheese and all other dairy products.” Before you start a farm stand, be sure to understand all the governmental requirements.

Our firm helps farmers and ranchers navigate the many laws which support our agricultural history. Give us a call if you need help navigating the many opportunities in Idaho for ranchers and farmers.