Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 90 - State Parks › Chapter 2 - State Parks Administration › Section 10 CSR 90-2.070 - Fencing on Park-Owned Property

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule is established to provide
				  procedures and guidelines in considering requests by adjacent landowners to
				  fence common boundaries for purposes of preventing intrusion from livestock or
				  commercial game.
(1) Fencing
				on Park-Owned Property. The division director shall have the authority to fence
				any state park or historic site or parts thereof when fencing is essential for
				the use, care and preservation of the park or park lands in question.
(2) The division may participate in fencing
				park and historic site boundaries for the purpose of preventing intrusion from
				livestock or commercial game in accordance with Chapter 272, RSMo. Fencing
				requests shall be submitted in writing and approved by the director or his/her
				designee. The division's procedures for participating in fencing of park and
				historic site boundaries for this purpose are as follows:
(A) All fencing requests shall be directed to
				the Missouri Department of Natural Resources, Division of State Parks, PO Box
				176, Jefferson City, MO 65102, (800) 3346946.
(B) A "Fencing Request Form" shall be
				completed by the landowner and submitted to the address above.
(C) Division personnel shall conduct an
				on-site inspection to determine need, natural and cultural resource impacts,
				fencing materials as defined in Chapter 272, RSMo, and reasonable cost of the
				fencing materials. The division shall also assess the accuracy of the fence
				location along the boundary based on survey information and by consulting with
				the division's survey crew. If the accuracy of the boundary is in question, the
				division may require a boundary survey, the cost of which shall be equally
				shared by the department and the landowner requesting the fence.
(D) The landowner shall receive written
				notification of approval or denial of their request from the division within 60
				days of receipt of the Fencing Request Form at the above division address.
1. If approved, the landowner shall be
				responsible for fence construction and to utilize fence construction methods
				that do not damage trees, structures, soil, wetlands, habitat for sensitive
				species, geologic, cultural, historic, and other resources that occur within
				the park or historic site boundary. Fence construction methods shall not employ
				modification of soil or debris elevations that drain wetlands or cause the
				impoundment of water on property owned by the department. The fence must be
				located on the precise boundary line to the extent that the line can be
				identified or verified. The district supervisor in consultation with the
				Operations and Resource Management Program shall approve in writing any
				variances to these requirements.
2.
				The division, at its own expense, will provide all fence construction materials
				to the landowner and shall monitor the construction activities to ensure
				compliance with this section. The cost of fence material shall constitute the
				department's share of costs to provide an enclosure as provided for in 272.020
				and 272.060, RSMo.
3. The landowner
				and its successors are responsible for maintaining the fence, which shall
				include removing brush, vines, woody regrowth or resprouting of approved cut
				trees on state park property at no greater a distance than three feet inside
				the park boundary. The landowner is not permitted to access park property with
				brushhogs, tractors, heavy equipment, ATVs, motorcycles, or any other vehicle
				of any kind without permission from the park or historic site facility manager.
				The landowner is not permitted to apply any herbicides for purposes of killing
				or controlling vegetation on the park side of the boundary, or which may drift
				onto park vegetation without permission of the park facility manager. The
				landowner is permitted to trim back overhanging branches at the point
				immediately above the park boundary line and to a height of eight feet above
				the ground.
4. No fencing
				constructed under this section shall be removed without the written consent of
				the division, except to temporarily make repairs to said fence.