2 Colo. Code Regs. § 406-17-1722

Current through Register Vol. 48, No. 1, January 10, 2025

Section 2 CCR 406-17-1722 - MAINTENANCE OF DAMAGE PREVENTION MATERIALS

A. All permanent stackyards or fences or panels furnished or constructed by the Division shall be maintained and repaired for their normal life by the landowner unless damaged or destroyed by wildlife. Materials for repairing damages done by wildlife to permanent fencing or panels in excess of $100 shall be furnished by the Division and shall remain the property of the Division.

B. All persons furnished panels or other fencing materials shall be responsible for maintaining such materials in a current state of repair to prevent access by big game.

C. In the event that damage prevention materials are destroyed or made unusable through negligence or abuse or if they are used for any purposes other than the prevention of game damage the Division may take one or more of the following actions:

1. After written notice to the landowner the Division may remove the materials from the landowner's owned or leased land.

2. The Division may require payment for any damaged or misused materials or may refuse to issue any additional prevention materials until the landowner has paid for the damaged or misused materials. The amount of payment shall be the cost of new materials of similar construction, reduced by a depreciation factor based on the normal life of these materials.

3. The Division may deny all or part of a big game damage claim where proper use and maintenance of damage prevention materials would have prevented or reduced the damage.

D. All voluntary workers who assist the Division in erecting damage prevention materials shall provide their name, address, and telephone number in writing to the Division 10 days prior to such work being performed. The Division will provide this information to the landowner upon his request.

E. In the case of land ownership change the former owner shall notify the Division when such change occurs. The Division may require a written ratification of the existing agreement by the new owners.

F. All permanent and temporary damage prevention materials furnished or constructed by the Division shall remain the property of the state.

2 CCR 406-17-1722

40 CR 23, December 10, 2017, effective 1/1/2018

42 CR 23, December 10, 2019, effective 1/1/2020

46 CR 11, June 10, 2023, effective 7/1/2023