Vol. 29, No. 2 #5 (April 2006). Trends in Livestock Law.

• Author: By George G. Johnson, Jr.

Wyoming Bar Journal

2006.

Vol. 29, No. 2 #5 (April 2006).

Trends in Livestock Law

WYOMING LAWYERApril 2006/Vol. 29, No. 2Trends in Livestock LawBy George G. Johnson, Jr.

Throughout the West rather drastic change is the norm. We old-timers shake our heads to see what is happening to familiar country and people. Ranches and farms are becoming subdivided for urban or suburban developments. Fields and pastures are being replaced with acres of look-alike roofs and houses. Populations are growing and new demands are being made on land and resources by these changes. Traditional uses of agricultural resources are changing including water uses, weed and pest control, dust abatement, and the keeping of livestock. Often new suburban populations are initially attracted to the "Western" or "Rural" lifestyles with the accompanying traditions that are historically appealing. Residents seek to rekindle childhood dreams and fantasies of cowboys, horses and wide-open spaces. However, the resulting proximity of new populations to actual agricultural operations has created a number of legal problems that require recognition by legal practitioners. Land use by farmers and ranchers often creates what former suburbanites find to be offensive. Spring plowing or cultivation can create dust. Spraying of crops can strike fear by creating a dangerous and unhealthy environment. Livestock operations, by their nature, can create odors, attract insects, affect water quality, and present danger for the animals themselves. In short, the stage is set for legal confrontation between these competing forces.

Obviously rural versus urban issues are too numerous to cover here, so this article will address situations involving livestock, which include cattle, sheep, goats, llamas, and horses.

The laws dealing with liabilities and/or responsibilities involving "livestock" are found in a variety of areas. Common zoning and land use statutes and ordinances address many areas directly relating to the keeping of livestock. Numbers of animal units per acre are often included in zoning laws as are related areas, including confinement requirements, weed abatement or control standards, dust control, and similar subjects. These laws are not always statewide, but the trend in many areas is to zone entire counties. More urbanized areas have stricter and more controlling...