TUCSON, Ariz. (KGUN) — It's a question that comes up every time someone posts a photo or video of cattle standing along a highway or wandering near neighborhoods around Tucson:
"How is this legal?"
The answer is Arizona's open-range law — a rule that surprises many newcomers to Southern Arizona and often creates confusion about who is responsible when livestock ends up on or near a roadway.
I recently experienced this myself. (Click here to see my cattle encounter on FB.) About 20 cattle were grazing along the busy Nogales Highway in Sahuarita where traffic moves quickly, and several had wandered into the roadway, forcing those of us driving by to slow down. After safely pulling over, I called 911 out of concern for the animals. By then, many had moved onto nearby railroad tracks before eventually making their way into a pecan orchard. The experience sparked a lively conversation on Facebook about where open-range laws actually apply, so I decided to find out.
What is open range?
In Arizona, much of the state's rural land is considered open range unless it has been designated as a no-fence district by a county.
That means property owners are generally responsible for fencing livestock out of their land—not ranchers fencing cattle in. Arizona's open-range laws date back more than a century and remain in effect across much of the state's rural areas.
Is Tucson open range?
Mostly, no.
Inside the City of Tucson, livestock generally are not allowed to roam freely. However, city code includes limited exceptions for certain properties annexed after Dec. 1, 2000, including some state trust lands and parcels whose land patents preserve open-range status.
The gold standard
Pima County's official no-fence district map is the best reference, especially because the rules become more complicated outside Tucson in places like Marana, Sahuarita and Green Valley.
**CLICK HERE TO VIEW THE PIMA COUNTY NO FENCE DISTRICTS MAP**
I reached out to Pima County to get clarity on the map, and a representative from the Pima County Department of Transportation explained it this way:
> "The white areas on the map are 'open range,' meaning livestock may roam freely. A property owner who wants to prevent livestock from roaming onto their property must construct a fence to keep livestock out."
> "The shaded areas shown in the legend are 'no-fence districts.' Within these districts, livestock may not roam freely, and property owners do not have to fence animals out. Instead, ranchers are responsible for fencing livestock in."
So, in my scenario in Sahuarita on Nogales highway (which falls in a shaded area on the map), the cattle should've been fenced in by the rancher. Not to say a gate may have accidentally been left open, but according to the map, the rancher is responsible here.
What about the suburbs?
Many unincorporated areas surrounding Tucson remain open range, particularly near working ranches and public grazing lands. That includes portions of:
- Vail
- Corona de Tucson
- Three Points
- Picture Rocks
- Arivaca
- Sasabe
- Oracle (outside Pima County)
- Rural areas west of Tucson near the Tohono O'odham Nation
Inside the incorporated limits of Marana, Oro Valley and Sahuarita, livestock generally may not roam freely under local ordinances. However, neighborhoods on the outskirts of those communities and nearby unincorporated areas may still fall under Arizona's open-range laws unless they are within a designated no-fence district.
Green Valley can be especially confusing because it is unincorporated, though some Green Valley mailing addresses are actually within Sahuarita. The applicable rules depend on the property's location.
Does hitting a cow automatically make the rancher liable?
Not necessarily.
Arizona courts have ruled that liability depends on the facts of each case, including whether the crash occurred in open range, whether negligence can be proven and the type of roadway involved.
What should you do if you see loose cattle?
If you encounter cattle on or near a roadway, slow down, increase your following distance and avoid sudden swerving.
The Arizona Department of Agriculture advises people who encounter loose livestock to avoid approaching or attempting to move the animals, safely note the location and report the sighting to the department's Animal Health & Welfare Dispatch at (800) 294-0305. If the animals pose an immediate danger to motorists or are causing a traffic emergency, call 911.
Bottom line
Much of Southern Arizona remains open range, meaning livestock may legally be present in rural areas. Staying alert and slowing down—especially at night or during poor weather—can help prevent a dangerous collision.
