Determine who owns and maintains fencing along a railroad or state highway right-of-way, using general framing plus a state DOT example.

Steps

1. Determine whether the parcel is adjacent to a railroad right-of-way or a state highway right-of-way, since ownership/maintenance responsibility frameworks differ between the two.
2. For railroad-adjacent fencing, check the applicable state's statute/case law on railroad fence obligations — many states require railroads to construct and maintain fencing separating the right-of-way from adjacent land used for livestock, though the specific obligation and liability allocation (e.g., for damage caused by the adjacent landowner) varies by state.
3. For state highway right-of-way, reference a state DOT's own fencing policy as an example rather than assuming a national rule: Idaho Transportation Department policy, for instance, treats fencing not needed for access control as the adjacent landowner's property, typically placed on or just inside the ROW line.
4. Confirm whether a private fence built within a state highway right-of-way requires an encroachment permit from the state DOT, since building without one can create a removal/liability risk even where the state doesn't actively use that strip of land.
5. Contact the specific railroad's real estate/right-of-way department (for rail-adjacent work) or the state DOT district office (for highway-adjacent work) directly to confirm current fencing/encroachment requirements before construction.