§ 44-8-102 — Various materials constituting sufficient fencing - Rules

(a) The following types of fence are deemed sufficient: (1) Stone. A substantial stone fence or wall, three and one-half feet (31/2') high; (2) Plank and post and rail. A post and plank or post and rail fence four feet (4') high; (3) Rail. A common worm or crooked rail fence five feet (5') high; (4) Bank. Every bank or other means used as a fence, or part of a fence, equivalent, as an obstruction to stock, to either of the three (3) classes of fence above named; (5) Planks and wire. Any enclosure made by nailing fast two (2) sound planks, each not less than six inches (6") wide, to posts set firmly in the ground not more than eight feet (8') apart, the bottom plank to be not more than three inches (3") from the ground, and the second plank from the ground not more than four inches (4") from the first; and then by stretching not less than four (4) strands of barbed wire tightly between the posts above the planks, the topmost wire to be not less than four and one-half feet (41/2') from the ground, and the bottom wire to be four inches (4") from the topmost plank; the next wire from the bottom one to be nine inches (9") from the topmost plank, and the third wire from the bottom to be twenty-one inches (21") from the topmost plank, the above distance as nearly as practicable; (6) Osage orange. Bois d' arc or Osage orange fences, wholly of bois d' arc or Osage orange, or in part of bois d' arc or Osage orange, and in part of wire or other material, at least four feet (4') high, and at least eighteen inches (18") across the top and sufficiently close to prevent stock of all kinds from passing through; and (7) Wire. Any enclosure made by nine (9) smooth, horizontal wires, the bottom and top or first and ninth of which are to be standard number nine (9), and the other seven (7) standard number eleven (11) wires; the first wire to be placed upon or very near the ground; the second three and one-half inches (31/2") from the first; the third three and one-half inches (31/2") from the second; the fourth four inches (4") from the third; the fifth four inches (4") from the fourth; the sixth six inches (6") from the fifth; the seventh eight inches (8") from the sixth; the eighth ten inches (10") from the seventh; the ninth ten inches (10") from the eighth. The vertical stays or pickets are to be two feet (2') apart between the first or ground wire and the fifth, and from the fifth to the top or ninth wire four feet (4') apart. The posts are to be one (1) rod apart and well stayed at the ends of the fence, so as to keep the fence from sagging. (b) In addition to subsection (a), sufficient fencing shall include: (1) A fence constructed from synthetic materials commonly sold for fencing, if such materials are installed pursuant to generally acceptable standards, to confine or restrict the movement of farm animals; and (2) Systems or devices based on technology generally accepted as appropriate for the confinement or restriction of farm animals. (c) The commissioner of agriculture may adopt rules and regulations regarding sufficient fencing consistent with this part to provide greater specificity as to the requirements of sufficient fencing. The absence of any such rule or regulation shall not affect the validity or applicability of this section or any section of this part as such sections relate to what constitutes sufficient fencing.

Legislative History

Code 1858, § 1682; Acts 1877, ch. 35, §§ 2, 3; 1883, ch. 46, § 2; 1899, ch. 332, § 1; Shan., § 2980; mod. Code 1932, § 5203; T.C.A. (orig. ed.), §§ 44-1702, 44-9-102; Acts 1999, ch. 266, § 1.