Guidance on electric fences and public access on moorland

Introduction

The use of electric fencing on moorland has increased in recent years and is commonly intended to exclude deer from grouse moors. This note has been developed jointly by Scotland’s Moorland Forum and the National Access Forum to help land managers to integrate such fences with public access. General guidance on access and fencing, including electric fencing, has also been developed by Scottish Land & Estates.

The use of long lengths of electric fencing on moorland has raised concerns among outdoor recreation interests. This guidance aims to promote good practice in the present regulatory context, but some members of the National Access Forum consider that such fences should require planning consent. Fences may also raise wider issues, for example with regard to landscape, but these are beyond the scope of this note.

General principles

Rights of responsible access apply to most land and inland water in Scotland, both on and off paths. These rights extend to non-motorised users such as walkers, cyclists, horse riders and canoeists, and to motorised vehicles adapted for (and in use by) people with disabilities. The Scottish Outdoor Access Code provides guidance on responsible behaviour and includes relevant advice for recreational users and land managers, which is summarised in the annex. Public rights of way also exist along various long-established routes.

Recreational use of moorland will often be focused on ridges and other popular ‘desire lines’, and is commonly based on well-established tracks. Some recreational users are likely, however, to follow other ‘off-piste’ routes, either by choice or in order to escape to lower ground, for example in deteriorating weather. It is therefore important to ensure that recreational users can find suitable points to cross electric fences when approaching from various directions and in poor visibility. Two key principles should be followed to integrate such fences with public access:

• signs should be used to inform the public that the fence is live, and;
• adequate crossing places should be provided.

Electrified stock fences

Electric fences commonly consist of a single stock fence with some or all wires electrified, an unelectrified stock fence with one or more offset live wires, or a double electric fence combining both of the above. All such fences should be installed and maintained to minimise electrical hazards to people or animals, and to comply with relevant regulations and standards – and fence construction must not risk entanglement for people or animals.

The following guidelines can help to minimise access problems:

• Gates should be constructed where the fence crosses paths or popular desire lines to provide for users such as cyclists and horse riders. Tracks and roads will normally have full size gates installed anyway for vehicle access and moving stock.
   
• Simple stiles should be provided for walkers, with insulation on the live wires, at appropriate intervals along the whole fence line. Ideally these should not be more than 500m apart and above and below sections of steep ground. If the height of the live wires makes them easy to cross, lengths of slit plastic tubing or old bike tyres may be used instead of stiles. These will be easier to use if located at fence posts. Double or offset fences should be spaced so that each part of the fence can be crossed in turn, bearing in mind that people may be carrying backpacks. All crossing points should be fully tested bearing in mind that they will need to be suitable for a wide range of people.
   
• Electric fences should be clearly marked so that people approaching at any point can tell that the fence is electrified (and if this is only seasonal, to indicate when the fence is live). Signs should also direct people to the nearest crossing point. It may be necessary to identify the crossing points themselves if these are just lengths of insulation whose purpose may not be immediately apparent. On high ground, these signs must be robust to prevent them being blown off.
   
• Where possible, fences should not run along ridge lines as users may then have to cross them more than once.
   
• Estates should consider explaining the purpose of electric fences, and perhaps advising the public how to cross them, through signs in places such as car parks.
   
• It is recommended that there is discussion with the local or National Park authority access officer before building a new electric stock fence on moorland.

Electrified deer fences

Standard deer fences where some of the wires are electrified or where there are offset live wires are rarely used, but potentially cause much greater problems for access and would require correspondingly greater effort to provide suitable crossing points. Any land manager considering the erection of an electrified deer fence is strongly advised to consult with the access authority and explore whether an alternative management approach is possible.

Annex: Summary of guidance in the Scottish Outdoor Access Code

Parts 3 and 5 of the Code provide guidance to the public in relation to fences in general, which is summarised on page 95 as: "Do not climb over gates, fences, dykes or hedges unless there is no reasonable alternative nearby. If you have to climb over a fence, avoid causing any damage by doing so near to a post".

Part 4 of the Code sets out general principles of responsible land management, which include "not purposefully or unreasonably preventing, hindering or deterring" (access) and "taking access rights into account when planning and implementing any major land use change or development". Paragraph 4.9 lists examples of actions that might unreasonably interfere with access rights, which include "putting up a fence, wall or other barrier across a path or track without providing a gate or other access point, or putting up a high fence over long stretches of open country without providing gates, gaps or other access points", and; "putting an electric wire or barbed wire across a gate or stile without providing some sort of protection for people". Part 5 of the Code (page 95) includes the following guidance for land managers: "If you need to use barbed wire or electric fencing, take into account people’s needs by providing protection at access points and by leaving sufficient room alongside paths".