West Virginia Code § 19-17-1

Definition of lawful fence
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Every fence of the height and description hereinafter mentioned shall be deemed a lawful
fence as to any horses, mules, asses, jennets, cattle, sheep, swine, or goats, which could not
creep through the same, that is to say:
(a) If built of common rails, known as the worm fence, four and one half feet high;
(b) If built with posts and rails, or posts and plank, or pickets, four feet high;
(c) If built with stone, two feet wide at base, and three and one-half feet high;
(d) If a hedge fence, four feet high. If any hedge fence be built upon a mound, the same from
the bottom of the ditch shall be included in estimating the height of such fence;
(e) If built with posts and wire, or pickets and wire, four feet high, and shall consist of not
less than six strands, the first strand five inches, the second strand ten inches, the third
strand seventeen inches, the fourth strand twenty-five inches, the fifth strand thirty-six
inches, and the sixth strand forty-eight inches from the ground; and if with more than six
strands, the space between the strands shall in no case be greater than hereinbefore
provided. The space between the posts shall, in no case, be greater than sixteen feet;
(f) If built with posts and high tensile galvanized wire, forty-six inches high, and shall consist
of not less than eight strands, the first strand four inches, the second strand nine inches, the
third strand fourteen inches, the fourth strand nineteen inches, the fifth strand twenty-five
inches, the sixth strand thirty-one inches, the seventh strand thirty-eight inches, and the
eighth strand forty-six inches from the ground. The wire shall be maintained at no less than
a two hundred pound tension at all times. The space between posts shall, in no case, be
greater than tVhirty feet, provided that pressuretreated one and one-fourth inch by one and
one-half inch by forty-eight inch slotted hardwood or one and one-half inch by two inch by
forty-eight inch soft wood battens are used between posts at a distance no greater than ten
feet; and
(g) If built with posts and high tensile galvanized wire and electrified, thirty-eight inches
high and shall consist of not less than five strands, the first strand five inches, the second
strand ten inches, the third strand seventeen inches, the fourth strand twenty-seven inches,
and the fifth strand thirty-eight inches from the ground. The wire shall be maintained at no
less than a two-hundred pound tension at all times. The space between posts shall, in no
case, be greater than one hundred fifty feet, provided that pressuretreated one and one-
fourth inch by one and one-half inch slotted hardwood or one and one-half inch by two inch
softwood battens are used between posts at a distance no greater than thirty-five feet:
Provided, That if said fence is constructed to confine only horses, mules, asses, jennets, or
cattle, it shall be deemed a legal fence if it is not less than three strands, the first strand
seventeen inches, the second strand twenty-seven inches and the third strand thirty-eight
inches from the ground. The space between posts shall, in no case, be greater than one
hundred fifty feet, provided that pressuretreated one and one-fourth inch by one and one-
half inch slotted hardwood or one and one-half inch by two inch softwood battens are used
between posts at a distance no greater than thirty-five feet. Only high-powered low
impedance fence controllers which comply with international safety standards shall be used
to electrify fence.
All fences heretofore built under the existing law and in compliance therewieth shall be and
remain and may be kept up as lawful fences.

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