Wyoming Statutes

Wyo. Stat. § 37-9-304 (2026)

Fences and cattle guards; generally.

✓ text as retrieved May 2026 (this copy records no edition or section history)
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(a) All railway corporations, owning or operating a line
of railway within the state, shall construct, maintain and keep
in repair on each side of the track thereof, a sufficient fence
which meets or exceeds department of transportation fencing
standards, so connected with suitable cattle guards at all
public road crossings as to prevent stock from getting on the
railroad track of the corporation. The fence shall be
constructed within nine (9) months after the completion of any
railroad track or any part thereof; provided, that railway
corporations shall not be required to construct and maintain a
fence within the boundaries of any incorporated city or town.

     (b) Any corporation failing to comply with this section is
subject to a fine of not less than one hundred dollars ($100.00)
nor more than seven hundred fifty dollars ($750.00) for each day
during which a violation continues. Each county in which there
is a failure to comply with this section shall constitute a
separate violation. This penalty shall be prosecuted and
collected pursuant to the provisions of W.S. 37-9-302.

     (c) No fine shall be assessed under subsection (b) of this
section against a corporation that has on file with the
department of transportation an approved plan for fence
construction, reconstruction and maintenance so long as the
corporation is in full compliance with the terms and conditions
of the approved plan.
Notes of Decisions
Cited in 1 case, 2007–2007 · leading case: Long v. Daly, 2007 WY 69, 156 P.3d 994.
Long v. Daly, 2007 WY 69, 156 P.3d 994. “§ 87-9- *998 305 (LexisNexis 2005) further makes it clear that failure to comply with § 387-9-804 results in railroad liability to the owner of any livestock harmed as a result of its failure to comply.”
Wyo. Stat. § 37-9-304(a): 1 case
Long v. Daly, 2007 WY 69, 156 P.3d 994. “§ 87-9- *998 305 (LexisNexis 2005) further makes it clear that failure to comply with § 387-9-804 results in railroad liability to the owner of any livestock harmed as a result of its failure to comply.”
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