Fence laws in Dearborn Heights, Michigan
What the Dearborn Heights municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Dearborn Heights sets no rule of its own, the Michigan rule is shown in its place and marked as such.
Fence laws in Dearborn Heights, Michigan, question by question
The short version
- Who pays on the line
- Dearborn Heights puts two rules on a shared boundary that most cities never write, and the answer turns on whether the adjacent owner gives notarized consent. The figure is 3 feet, for clearance from an adjacent driveway without consent.
- How tall
- A suitable fence of up to six feet may be erected around the rear yard of a residential lot, and that six feet may be carried past the rear house line to enclose a side entrance, and the answer turns on the yard, and the shape of the lot. The figure is 6 feet, for fence around a rear yard.
- Permits
- Every fence in Chapter 13 needs a zoning permit from the department of building and engineering, issued before any construction starts, with no height threshold and no exemption for a small fence.
- Pool barriers
- Michigan puts no pool fence height in its own statute.
- Spite fences
- Dearborn Heights has no spite fence statute. The chapters that were read are listed below. Cities and counties decide this one.
- Measured from what
- Dearborn Heights measures in both directions from the ground and is specific about each, and the answer turns on whether the measurement is above or below ground. The figure is 42 inches, for depth a fence post is sunk.
- Corner lots
- The visibility rule in Chapter 13 is written as a standard rather than a triangle, and it covers people on foot as well as drivers: no fence may be erected in such a manner or location as to obstruct the view of vehicular or pedestrian traffic, and the answer turns on whether the obstruction is a fence, a tree, or a fence on a corner. The figure is 8 feet, for lowest tree branch above road level.
- Retaining walls
- A retaining wall in Michigan needs no building permit if it is four feet tall or less, measured from the bottom of the footing up to the top of the wall. The figure is 4 feet, for height at or below which a retaining wall needs no building permit. It reaches one and two family homes and townhouses under the Michigan residential code only.
- Materials
- The acceptable materials are short and the same at both heights: chain link, shadow plank, ornamental iron, a vinyl fencing system, or hedge and plantings, at four feet or at six, and the answer turns on the material and what it is fixed to.
- Livestock
- Michigan sets no height, wire count, board count or post spacing for a farm fence.
Who owns the fence between two properties in Dearborn Heights?
Compare fences on the property line across all 50 states
Dearborn Heights answers this, but the answer changes depending on whether the adjacent owner gives notarized consent.
Dearborn Heights puts two rules on a shared boundary that most cities never write. Only one fence is permitted on any one property line at any given time, and a fence may only go on the line with the express written consent of the adjacent owner, which the department may treat as given on receiving a signed and notarized consent from the title owners. The burden of showing that consent falls on the person building. A separate three foot rule covers a neighbor driveway: no fence may stand less than three feet from an adjacent driveway without the same notarized consent from the owner of the property the driveway is on. Pre-existing nonconforming fences are exempt from both unless their use has been abandoned. Where consent cannot be had, section 13-3(o) offers a way through: proof of the failed attempt goes to the department, the privacy fence goes up beside the existing chain link fence and off the joint line, as close to it as the department allows, and the builder signs a notarized letter taking on the upkeep of the strip between the two fences. That duty runs with the land.
If a property owner seeking to erect a fence seeks to erect it on a property line, the property owner seeking to erect the fence must obtain express written consent to erect the fence from the adjacent property owner who shares the property line.
The answer turns on whether the adjacent owner gives notarized consent.
- a fence on the property line
- Notarized consent from the neighbor, and only one fence on that line.
- within three feet of a neighbor driveway
- The same notarized consent. 3 ft
- consent refused, beside an existing chain link fence
- Off the line, with a notarized pledge to maintain the gap.
Also on fences on the property line in Dearborn Heights
- set in state lawIn Michigan the owner who builds a fence on the line pays for it and for keeping it up, and the neighbor owes nothing. Most states split that cost. The neighbor starts owing a share of what the fence is worth now only when that neighbor or their renter begins using it to hold animals, and even then the neighbor can build a separate fence instead. The whole act covers only fences that hold animals, because section 43.51 defines a fence that way. MCL 43.53(1)Michigan · Statute
How tall can a fence be in Dearborn Heights?
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Dearborn Heights answers this, but the answer changes depending on the yard, and the shape of the lot.
A suitable fence of up to six feet may be erected around the rear yard of a residential lot, and that six feet may be carried past the rear house line to enclose a side entrance. The front yard and the side yard are closed by default, each with a list of cross references to the only subsections that reopen them, and the two that matter both describe an unusual lot. Where more than seventy percent of the total property lies in the front yard, the owner may enclose the front and side yards with an ornamental iron fence of no more than five feet, set back at least twenty-five feet from any public thoroughfare and at least a hundred and fifty feet from the front of the residence. Where the rear yard is less than twenty feet deep, the owner may enclose the front and side yards at up to four feet, built of materials that leave the house visible through the fence and running no further forward than the front line of any neighboring residence. A fence running from the rear line of an accessory building out to the property line stops at four feet.
A suitable fence not to exceed six (6) feet in height may be erected around the rear yard of an area zoned for residential uses.
The answer turns on the yard, and the shape of the lot.
- a rear yard
- Six feet. 6 ft
- a lot with over seventy percent of its area in the front yard
- Five feet of ornamental iron, well back from the street. 5 ft
- a rear yard under twenty feet deep
- Four feet at the front, and the house has to stay visible. 4 ft
- a fence off the back of an accessory building
- Four feet. 4 ft
Also on fence height in Dearborn Heights
- no rule, documents checkedMichigan sets no statewide limit on how tall a fence at a house can be. The state fence act defines a fence by what it holds in, not by height, and names no number. The seven feet in the residential code rules is the point where a permit starts being needed, not a cap. The city, village or township sets the limit. MCL 43.51Michigan · Statute
Do I need a permit for a fence in Dearborn Heights?
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Dearborn Heights answers this in its own law. The words that do it are quoted below.
Every fence in Chapter 13 needs a zoning permit from the department of building and engineering, issued before any construction starts, with no height threshold and no exemption for a small fence. The application carries a complete and detailed set of plans and specifications, including a plot plan showing where the fence will go, and a fee set by resolution of the city council to cover processing and inspection. The chapter then adds one appeal route that is wider than the usual variance: distinctive subdivision fences may be approved by the zoning board of appeals, and in hearing those the board is expressly not bound by the standards for granting variances and may depart from the standards in the chapter to address the unique circumstances of all interested parties. Those decisions are final.
Fences described in this chapter shall not hereafter be erected unless and until a zoning permit shall be issued from the department prior to the commencement of any construction.
Also on permits in Dearborn Heights
- set in state lawA fence in Michigan seven feet tall or shorter needs no building permit. The state writes that number into its own rule rather than taking the model code as it comes. Rule 505 replaces section R105.2 of the residential code. The same no permit list also covers a separate shed up to 200 square feet, a retaining wall under four feet with no extra weight on the soil behind it, and a store bought pool less than 24 inches deep. Skipping the permit does not make legal any work that breaks the code or a city rule. R 408.30505Michigan · Building code
Pool fence requirements in Dearborn Heights
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Michigan answers this in its own law. The words that do it are quoted below.
Michigan puts no pool fence height in its own statute. The state construction code act builds the Michigan code out of the national model codes, including the International Residential Code, plus whatever changes the director makes. So the fence rule for a pool at a house comes from that model code. The same act says a Michigan version of a code has to be free to the public before anyone can enforce it.
This one is Michigan law, not Dearborn Heights law. All Michigan findings
The code shall consist of the international residential code, the international building code, the international mechanical code, the international plumbing code, the international existing building code, and the international energy conservation code published by the international code council and the national electrical code published by the national fire prevention association, with amendments, additions, or deletions as the director determines appropriate.
Spite fence laws in Dearborn Heights
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Dearborn Heights law has no rule about this. The chapters that were read are listed below. Cities and counties decide it instead.
Michigan has no spite fence law. The state fence act covers who pays, who the fence viewer is, and what a fence viewer can decide, and section 43.55 says plainly that a fence viewer does not settle boundary arguments. Nothing in the act turns on why a fence went up or how tall it is. A claim about a fence built to annoy rests on ordinary nuisance law made by judges, and on city zoning.
This one is Michigan law, not Dearborn Heights law. All Michigan findings
Documents read before writing that:
How fence height is measured in Dearborn Heights
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Dearborn Heights answers this, but the answer changes depending on whether the measurement is above or below ground.
Dearborn Heights measures in both directions from the ground and is specific about each. Every fence post goes forty-two inches below grade, with the hole filled with concrete or another comparable material the department accepts, which is frost depth for this part of Michigan and is stated twice in the chapter. Above ground the reading is taken from the average grade of the two adjoining lots, not from the ground on one side, so a fence on a slope is judged against a shared datum and neither owner gains from the fall of the land. The same subsection sets a floor as well as the datum, requiring a height above that average grade of not less than four feet, and it specifies the posts themselves: iron pipe of at least an inch and a half outside diameter, wood at least four inches across, reinforced concrete at least four inches across, vinyl posts in a diameter the department accepts, or any other material of equal stability.
All fence posts shall be inserted forty-two (42) inches below grade and the post hole filled with concrete or another comparable material acceptable to the department.
The answer turns on whether the measurement is above or below ground.
- below ground
- Forty-two inches, set in concrete. 42 in
- above ground
- The average grade of the two adjoining lots.
- the minimum
- Not less than four feet above that average grade. 4 ft
Also on how height is measured in Dearborn Heights
- left to the townMichigan never says where a fence height is measured from. Section 125.3201 of the Michigan Zoning Enabling Act lets a local government limit the height of buildings and other structures, and stops there. The state fence law says even less. Section 43.51 calls a fence anything good enough to hold an animal, with no number and no starting point. So the county, township or city writes both the limit and the way it is measured. MCL 125.3201(4)Michigan · Zoning code
Fence rules for corner lots in Dearborn Heights
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Dearborn Heights answers this, but the answer changes depending on whether the obstruction is a fence, a tree, or a fence on a corner.
The visibility rule in Chapter 13 is written as a standard rather than a triangle, and it covers people on foot as well as drivers: no fence may be erected in such a manner or location as to obstruct the view of vehicular or pedestrian traffic. The single exception is a shade tree, permitted where all branches sit at least eight feet above road level, which turns the question for a tree into a clearance measurement rather than a judgment. The corner lot gets separate treatment in the location section. On a corner, no fence goes on the property line where it would not line up with the immediately adjacent property twenty-five foot setback, and a six foot fence may instead be built in line with that setback. A corner lot on a curve needs zoning board of appeals approval, with the stated intent that fences on adjoining properties should come together at common points.
No fence shall be erected in such a manner or location so as to obstruct the view of vehicular or pedestrian traffic. However, shade trees are permitted where all branches are not less than eight (8) feet above the road level.
The answer turns on whether the obstruction is a fence, a tree, or a fence on a corner.
- any fence
- It may not block the view of drivers or people on foot.
- a shade tree
- Branches eight feet above the road. 8 ft
- a corner lot
- In line with the neighbor twenty-five foot setback. 25 ft
Also on corner visibility in Dearborn Heights
- set in state lawMichigan has a 1925 law about fences that sit in the road. Act 368 of 1925, in Chapter 247 of the Michigan Compiled Laws, lets the commissioner in charge of a road order an owner to pull back any fence, building or other thing that crosses into a public highway, and gives the owner thirty days. The order has to state how wide the road is and where the fence sits compared to the center line. An owner who ignores it owes a dollar a day. The law covers the road itself and nothing else. A clear view triangle at a corner comes from a city rule written under the Michigan Zoning Enabling Act. MCL 247.171Michigan · Traffic code
Retaining wall rules in Dearborn Heights
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Michigan answers this in its own law. The words that do it are quoted below.
A retaining wall in Michigan needs no building permit if it is four feet tall or less, measured from the bottom of the footing up to the top of the wall. The footing sits below the ground, so the four feet starts lower than the yard does. Michigan writes this itself. Rule 505 replaces section R105.2 of the residential code. A wall holding up a surcharge needs a permit at any height. A surcharge means extra weight pressing on the soil behind the wall, such as a driveway or a building. Skipping the permit does not make legal any work that breaks the code or a city rule.
This one is Michigan law, not Dearborn Heights law. All Michigan findings
A retaining wall that is not more than 4 feet (1 219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.
4 ftheight at or below which a retaining wall needs no building permit
Fence materials allowed in Dearborn Heights
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Dearborn Heights answers this, but the answer changes depending on the material and what it is fixed to.
The acceptable materials are short and the same at both heights: chain link, shadow plank, ornamental iron, a vinyl fencing system, or hedge and plantings, at four feet or at six. Around that list sit three rules about how the parts go together. A fence may not be built of old or used material at all. Each material has to be hung on its own kind of post, so chain link goes on metal, wood on wood and vinyl on vinyl posts. And under no circumstances may a fence be bolted, lashed or otherwise attached to an existing fence, which is the rule that stops a second fence from leaning on the first. A wooden privacy fence has to look identical from both sides, and the ordinance explains itself there, saying the point is to avoid the discord that comes of one owner facing the good side inward and the posts outward. Barbed wire is prohibited by its own section, as are sharp projections.
Under no circumstances shall a fence be bolted, lashed, or otherwise attached to an existing fence.
13-4(a) through (f), with 13-6 and 13-7
The answer turns on the material and what it is fixed to.
- the material itself
- Nothing old or used.
- the posts
- Each material on its own kind of post.
- a wooden privacy fence
- Identical on both sides.
Also on materials in Dearborn Heights
- set in state lawMichigan says in its construction code act what a low voltage electric fence is. It counts as one only if it stands on land zoned for something other than homes and runs off a battery of 12 volts or less. It also has to sit inside a fence or wall that carries no current and stands at least 5 feet tall. It stops at 10 feet and carries shock warning signs no more than 60 feet apart, written in English and Spanish. A fence that meets the whole list needs no permit when a registered alarm company installs it. MCL 125.1528aMichigan · Building code
Livestock and boundary fence law in Dearborn Heights
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Michigan answers this in its own law. The words that do it are quoted below.
Michigan sets no height, wire count, board count or post spacing for a farm fence. The fence viewers act defines a fence by what it does rather than what it is made of, so anything that holds an animal counts, and so does a natural barrier such as a river or a thick hedge. The animals it has to hold are the ones named in the running at large act: cattle, horses, sheep, swine, mules, burros or goats.
This one is Michigan law, not Dearborn Heights law. All Michigan findings
means a structure or natural barrier which is sufficient to confine an animal as defined in section 1 of Act No. 328 of the Public Acts of 1976
Also on agricultural fencing in Dearborn Heights
- set in state lawMichigan puts the duty on the animal owner across the whole state. An animal may not run loose anywhere in Michigan. The owner may not let it happen, and neither may anybody else who knows what they are doing. Running at large means the animal is off the owner's land and out of the owner's control. A person whose property gets damaged can ask the owner to pay, and nothing in the act asks that person to have built a fence first. MCL 433.12Michigan · Statute
Documents behind this page
10 documents, of which 1 was published by Dearborn Heights itself. Each was read on the date shown.
- Michigan LegislatureMichigan Compiled Laws, Chapter 43, Fences and Fence Viewers, Act 34 of 1978
- City of Dearborn HeightsDearborn Heights Code of Ordinances, Chapter 13, Fences
- Michigan LegislatureMichigan Compiled Laws, Chapter 43, Fences and Fence Viewers, Act 34 of 1978
- Michigan Department of Licensing and Regulatory Affairs, Bureau of Construction CodesMichigan Administrative Code, Construction Code, Part 5, Residential Code, R 408.30500 to R 408.30547g
- Michigan LegislatureMichigan Compiled Laws, Stille-DeRossett-Hale Single State Construction Code Act, Act 230 of 1972
- Michigan LegislatureMichigan Compiled Laws, Chapter 43, Fences and Fence Viewers, Act 34 of 1978
- Michigan LegislatureMichigan Compiled Laws, Michigan Zoning Enabling Act, Section 125.3201
- Michigan LegislatureMichigan Compiled Laws, Act 368 of 1925, Highway Obstructions and Encroachments, Section 247.171, Encroachments; removal order, service; temporary permit
- Michigan LegislatureMichigan Compiled Laws, Stille-DeRossett-Hale Single State Construction Code Act, Act 230 of 1972, Section 28a
- Michigan LegislatureMichigan Compiled Laws, Animals Running at Large, Act 328 of 1976
What this page does not cover
A city ordinance is not the only rule that reaches a fence. The zoning district a parcel sits in can change the height allowed on it, and so can an overlay district, a recorded easement, a fire hazard severity zone or a coastal zone. A homeowner association can be stricter than the city and nothing in the municipal code will say so. None of those appear here.
The rules above are the ones Dearborn Heights publishes, plus the Michigan rules that apply where the city sets none. Fence laws in Michigan has the state layer in full.
This is general information drawn from published government documents. It is not legal advice, ordinances are amended, and the date beside each finding is the date the document was read. How findings are made · What the terms mean