South Dakota § 43-23-4 - Description and specifications for legal partition fence--Wire spacing.
Full text of South Dakota South Dakota Codified Laws § 43-23-4 — Description and specifications for legal partition fence--Wire spacing., with citation guidance and answers to common questions.
§ 43-23-4. Description and specifications for legal partition fence--Wire spacing.
Where such owners do not agree upon a different sort of fence, a legal partition fence shall consist of sound wood posts at least six and one-half feet long and four inches in diameter, and firmly set at least two feet in the earth and not over thirty feet apart, or concrete posts six feet or more in length, having a diameter of not less than four inches and having a reinforcing rod not less than one-fourth inch in diameter throughout the full length thereof, firmly set and spaced as in the case of wood posts, or of steel posts not less than five and one-half feet in length, firmly set at least seventeen inches in the earth and not over twenty feet apart, or a combination of steel and concrete or wood posts in a ratio of not more than three steel posts to one of wood or concrete as above specified, firmly set as aforesaid according to the type of post and not over twenty-five feet apart. Such posts shall be firmly braced at ends, corners, and gateways or openings, to prevent sagging, and upon them shall be firmly stretched and securely attached to each at least four strands of ordinary commercial barbed fencing wire, the lower strand to be eighteen inches, the next twenty-eight inches, the third thirty-eight inches, and the fourth forty-eight inches from the earth. A deviation of not more than two inches in the wire spacing shall be considered to be in compliance with this section.
Source: SL 1909, ch 197, § 3; RC 1919, § 10533; SDC 1939, § 19.0103 (2); SL 1949, ch 79; SL 1973, ch 274.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 43-23-4
What does South Dakota Codified Laws § 43-23-4 cover?
Section 43-23-4 ("Description and specifications for legal partition fence--Wire spacing.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 43-23-4?
A common citation format is "South Dakota Codified Laws § 43-23-4" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 43-23-4 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.