Virtual fencing is a developing and rising technology that implements GPS tracking and collar-based deterrents to allow ranchers to manage cattle movement without the need for physical fencing. This can serve to reduce labor costs and maintenance associated with conventional fences and can also allow for set grazing patterns that can improve land management practices and pasture health.

Weldon kyle
Attorney at Law / James D. Bradbury PLLC

While a newer technology in the U.S., research related to virtual fencing has been going on since the 1980s. To date, virtual fencing has been utilized by countries such as Australia, where cattle production occurs on large properties and in areas where traditional fencing is either difficult to build or costly to maintain. Here in the U.S., virtual fencing is still in the initial stages of adoption, but it is gaining momentum as an option for livestock management. Specifically, virtual fencing is becoming more common in the Western and Southwestern states, where the technology is especially useful considering the rugged, remote terrain in these areas.

How it works

Cattle are fitted with and wear GPS-enabled collars. These collars allow for the continuous monitoring of the animals’ locations in real time on the property. Using software, virtual boundaries can be created that define where the cattle are allowed to move within the property. These boundaries can be drawn anywhere within the property, around pastures, water sources or other key areas. These boundaries can be changed as needed, for example, to alter grazing patterns or adjust to seasonal changes or environmental conditions.

Like a collar for a dog, when cattle approach a boundary, the collar will emit a warning sound or vibration, signaling the animal to turn around. If the animal continues to approach the boundary, it may receive an electric pulse, designed to be a non-harmful but effective way to reinforce the boundary. This method trains the cattle to respect the virtual fence over time.

The user can monitor the position of the cattle via an application on his or her mobile device, allowing for the ability to track the herd’s movement in real time. If an animal is nearing a boundary or has crossed it, the system will send an alert. The user can then intervene remotely if necessary, adjusting the boundaries or sending additional corrective signals.

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Benefits of using virtual fencing

As mentioned above, some of the key benefits related to virtual fencing are reduced labor and building costs compared with maintaining traditional fencing. Improved pasture management practices are another key benefit. For example, virtual fencing can assist with the implementation of rotation grazing, allowing for the periodic movement of cattle from pasture to pasture to help prevent overgrazing in one area. This can be done without the need to construct cross-fencing to facilitate the rotation. From an environmental stewardship perspective, virtual fencing can improve the ability to exclude animals from more sensitive areas, such as certain riparian areas or sloping areas that might be eroded by livestock.

Additionally, the collars can facilitate and allow for the tracking of animal movement and behavior. Similar to a watch we might use to track our own steps throughout the day, if a collar allows for the tracking of movement by an animal, this data can be used as an early indicator for potential animal health issues. For example, if a cow were moving much less than the others in the herd or had removed itself from the herd, this might be an indicator that the animal was sick or injured. Catching this early from a mobile device compared with later that day or week when the cattle were checked may allow for a quicker response to combat, for example, foot rot or some other disease.

Some legal considerations

As a new and developing technology here in the U.S., the legal landscape related to virtual fencing is truly a new frontier and will need to evolve in the coming years as it is implemented. Each individual state’s law governs fence law, so the answers related to these situations will likely need to be addressed on a state-by-state basis. Many states will likely need to update their respective laws to address this technology as a legal fence.

Using virtual fencing in more remote areas allows for less concern, but as this technology is implemented as a boundary fence in more populous areas, there may be concerns related to livestock leaving the designated areas and heading to “greener pastures” on neighboring property or across roadways. If such escape situations occur, one question is: What type of liability would the livestock owner be potentially responsible for?

In Texas, for example, potential liability for an animal getting out and onto a highway or a neighbor’s property focuses on the knowledge of the livestock owner and whether the owner, based on his or her knowledge of the circumstances leading up to the animal’s escape (e.g., knowing that the fence was in poor shape, that the animals were frequently getting out or failing to lock the gate) in essence permitted the animal to get out. While courts have analyzed several types of fences across the state, including a single-strand hot wire fence (found to be sufficient under the specific facts), questions remain related to potential legal liability in using a virtual fence. Facts related to how well-trained the cattle were and the responsiveness of the cattle owner to the movement of the animals might be among the issues that would need to be analyzed.

Takeaway

Time will tell how state law may need to be updated to address virtual fencing; however, the key benefits, both to cattle producers and their property, will most likely support the expansion of this innovative technology in the U.S.