• South Dakota law requires adjoining landowners to split fencing costs.Fence and shadow of fence on snowy ground.. image by LiteWave from Fotolia.com
  
  Most agricultural states in the United States have fencing laws that list the responsibilities of adjoining landowners regarding building and maintaining a fence. South Dakota fencing laws are listed in Section 43-23, entitled "Partition Fences" of the South Dakota Codified Laws. These laws outline how fencing costs will be shared, as well as the penalties for breaking fencing laws.
  
  

Cost Sharing

• According to South Dakota fencing law, landowners sharing a property line are responsible for splitting half of the cost of constructing and maintaining a shared fence. Landowners may make separate arrangements regarding what percentage each party will pay. One landowner may force another landowner to pay half of these expenses, even if they do not raise livestock. These rules only apply to improved land, not raw land.
  
  

Fence Spacing

• Adjoining landowners may choose their own post and wire spacing if they come to an agreement. If two landowners do not agree on fence spacing, laws dictates that the person building the fence use wood posts a minimum of six and a half feet long, which are set a minimum of two feet into the ground. Concrete posts may be used as well, as long as they are reinforced. Fence posts must be at least four inches in diameter and may not be spaced more than thirty feet apart. Codes require a minimum of four strands of barbed wire. The lower strand of barbed wire must be eighteen inches above the ground. The next three stands must be placed twenty eight inches, thirty eight inches and four feet above the ground.
  
  

Buffalo Fencing

• As an addendum to section 43-23-4, the government of South Dakota calls for property owners in disagreement to add an additional row of smooth or barbed wire to the top of the fence for buffalo. This row should be fifty four inches above the ground.
  
  

Penalties

• If one landowner refuses to maintain his half of the fence, the offended landowner may send him a notice of demand according to the South Dakota fencing laws. The delinquent landowner has thirty days after receiving the notice to maintain the fence. If the delinquent landowner does not comply after thirty days, a lien may be placed against the delinquent landowner's property.
  
  

Removal

• Cutting wires or taking down a fence or gate on a partition fence results in charges against the offender in the form of a class two misdemeanor. Pursuant to Section 43-23-9 of the South Dakota Codified Laws, removing partition fences is only permitted to repair or construct new fences.