Fence laws in Flint, Michigan
What the Flint municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Flint sets no rule of its own, the Michigan rule is shown in its place and marked as such.
Fence laws in Flint, Michigan, question by question
The short version
- Who pays on the line
- Flint has one rule about a shared boundary and it is about which law applies rather than about position or consent, and the answer turns on whether the two adjoining properties are zoned differently.
- How tall
- Flint measures the residential allowance in distance from the street rather than by yard, and the answer turns on the zoning and how far back from the front property line the fence sits. The figure is 6 feet, for fence set well back from the street.
- Permits
- No fence may be erected or altered in Flint without a permit from the Division of Building and Safety Inspections, with no height threshold and no exemption, and altering an existing fence needs one as much as building a new one, and the answer turns on whether the Director exercises one of the two powers. The figure is 5 days, for time to set lot line markers after notice.
- Pool barriers
- Michigan puts no pool fence height in its own statute.
- Spite fences
- Flint has no spite fence statute. The chapters that were read are listed below. Cities and counties decide this one.
- Measured from what
- Flint defines grade in three words and they carry more weight than they look: ground level adjacent to the fence on either side, and the answer turns on which side of the fence the ground is read on. The figure is 78 inches, for lowest barbed wire strand above grade.
- Corner lots
- Flint handles the corner inside the height rule instead of with a sight triangle, and the answer turns on whether the fence is behind the side street building line. The figure is 50 percent, for most of a fence section that may be solid.
- 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
- Barbed wire is prohibited outright on residentially zoned property, in a sentence of three words at the end of the residential paragraph, and the answer turns on the zoning and how high on the fence the material sits. The figure is 12 inches, for part of the fence barbed wire may occupy.
- Livestock
- Michigan sets no height, wire count, board count or post spacing for a farm fence.
Who owns the fence between two properties in Flint?
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Flint answers this, but the answer changes depending on whether the two adjoining properties are zoned differently.
Flint has one rule about a shared boundary and it is about which law applies rather than about position or consent. Where adjoining properties differ in zoned use, the requirements for a fence on that property line may be those of the least restrictive of the two, regardless of which party puts the fence up. So a house backing onto industrial land can carry a fence built to the industrial standard, and the homeowner gets the benefit of the neighbor zoning without owning it. Nothing in the chapter requires the adjoining owner to consent, sets a setback from the line, says which way the posts face or allocates the cost. What the chapter does add is proof of where the line runs: the Director may require permanent markers set by a licensed surveyor within five days of notice, which puts the survey obligation on the owner rather than leaving it to a later argument.
When adjoining properties differ in zoned use, the requirements of a fence on that property line may be that of the least restrictive, regardless of the party erecting the fence.
The answer turns on whether the two adjoining properties are zoned differently.
- two lots in different zones
- The looser standard may govern the shared line.
- a dispute about where the line is
- The Director may require a licensed survey.
- consent, setbacks and cost
- The chapter says nothing about any of them.
Also on fences on the property line in Flint
- 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 Flint?
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Flint answers this, but the answer changes depending on the zoning and how far back from the front property line the fence sits.
Flint measures the residential allowance in distance from the street rather than by yard. On residentially A, B or C zoned property a fence fifty feet or more back from the front property line, or on a corner lot behind the side street building line, may reach six feet. Everywhere else on that property the limit is five feet, and not more than half the area of any five foot long, five foot high section may be solid matter or closed construction. There is a second route to six feet closer in: a fence of that height may stand as near as twenty-five feet from the front property line where the existing residential buildings on the adjoining lots are themselves no less than eight feet from the property line, so the neighbors house positions decide it. Church and school perimeters next to residential property take six feet outright. Commercial D land stops at seven feet six, and industrial E and F land has no height limit at all.
On residentially A, B or C zoned property, fences located fifty (50) feet or more back from the front property line, and in the case of a corner lot, behind the side street building line, shall not exceed six (6) feet in height.
The answer turns on the zoning and how far back from the front property line the fence sits.
- fifty feet or more back
- Six feet. 6 ft
- closer than that
- Five feet, at least half open. 5 ft
- commercial D zoning
- Seven feet six. 90 in
- industrial E or F zoning
- No limit.
Also on fence height in Flint
- 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 Flint?
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Flint answers this, but the answer changes depending on whether the Director exercises one of the two powers.
No fence may be erected or altered in Flint without a permit from the Division of Building and Safety Inspections, with no height threshold and no exemption, and altering an existing fence needs one as much as building a new one. The fee is not set in the chapter; instead a fence is treated as a structure for the purpose of working it out. Two discretionary powers sit with the Director. Fences taller than the chapter otherwise allows may be built for special purposes such as play areas, tennis courts, industrial complexes and sports complexes when the Director of Building and Safety Inspection approves. And the Director may require an owner to establish the lot lines with permanent markers placed by a licensed surveyor, within five days of notice. Appeals from interpretations of the ordinance go to the Building Board of Appeals constituted under the Building Code.
No fence shall be hereafter erected or altered without first obtaining a permit from the Division of Building and Safety Inspections of the City of Flint.
17-2, with 17-3, 17-4(g), 17-6 and 17-7
The answer turns on whether the Director exercises one of the two powers.
- building or altering any fence
- A permit first.
- a play area, tennis court or sports complex
- Extra height with the Director approving.
- the Director asking for lot lines
- A licensed surveyor, within five days. 5 days
Also on permits in Flint
- 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 Flint
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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 Flint 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 Flint
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Flint 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 Flint law. All Michigan findings
Documents read before writing that:
How fence height is measured in Flint
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Flint answers this, but the answer changes depending on which side of the fence the ground is read on.
Flint defines grade in three words and they carry more weight than they look: ground level adjacent to the fence on either side. Naming both sides means the definition covers the case where a fence stands between two lots at different levels, and leaves either surface available as the reading, which is looser than the shared or highest grade rules several other Michigan cities use. The definition matters most for the commercial barbed wire rule, where the lowest strand has to be at least six feet six above the grade on the private property side, which is the one place the ordinance picks a side explicitly. The chapter is silent below ground, setting no post depth, no footing and no spacing, and it expressly pushes retaining walls out of its scope, saying no building wall, retaining wall or similar structure is part of a fence and that those follow the Building Code instead.
GRADE. Ground level adjacent to the fence on either side.
17-1, definition of Grade, with 17-4(b) and (h)
The answer turns on which side of the fence the ground is read on.
- reading the height
- From the ground next to the fence, on either side.
- barbed wire on commercial land
- Six feet six above the grade on the private side. 78 in
- a retaining wall
- Not part of a fence, and handled by the Building Code.
Also on how height is measured in Flint
- 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 Flint
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Flint answers this, but the answer changes depending on whether the fence is behind the side street building line.
Flint handles the corner inside the height rule instead of with a sight triangle. On a corner lot the six foot allowance runs behind the side street building line, and forward of that line the fence drops to five feet and has to be at least half open in every five foot square, so the transparency requirement rather than a measured triangle is what keeps the intersection visible. Gates get their own version of the same idea and it applies citywide: no gate may open over public property, and no more than half the horizontal projected area of any gate may be solid matter or closed construction, so a gate swinging near a sidewalk stays see through. The chapter states no distance from the intersection, no triangle and no separate rule for hedges or trees at a corner.
All gates shall be so constructed that not over fifty percent (50%) of the horizontal, projected area shall be solid matter or closed construction.
The answer turns on whether the fence is behind the side street building line.
- a corner lot behind the side street building line
- Six feet.
- forward of that line
- Five feet and half open. 50%
- any gate
- Half open, and it may not swing over public property.
Also on corner visibility in Flint
- 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 Flint
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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 Flint 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 Flint
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Flint answers this, but the answer changes depending on the zoning and how high on the fence the material sits.
Barbed wire is prohibited outright on residentially zoned property, in a sentence of three words at the end of the residential paragraph. On commercial D land it is allowed but confined: only in the top foot of the fence, on arms or supports projecting over the private property side rather than over the street or the neighbor, with the lowest strand at least six feet six above the grade on that side. Industrial E and F land uses the same terms. Above six feet, exclusive of the barbed wire, a commercial or industrial fence has to be built of incombustible material apart from posts and supporting members, which is a fire rule rather than an appearance one. Electrified fencing is barred by its effect: no fence may be charged or connected with an electrical current in such a manner as to transmit that current to anything which might intentionally or accidentally come into contact with it.
Barbed wire may be installed in the top one (1) foot of such fence on arms or supports projecting over the private property side of the fence, the lowest strand at least six (6) feet, six (6) inches above the grade on that side.
The answer turns on the zoning and how high on the fence the material sits.
- residential land
- Barbed wire prohibited.
- commercial or industrial land
- Top foot only, leaning inward, six feet six up. 12 in
- a fence over six feet
- Incombustible material apart from the posts.
- an electrical current
- Barred wherever it could reach anything that touches the fence.
Also on materials in Flint
- 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 Flint
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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 Flint 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 Flint
- 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 Flint itself. Each was read on the date shown.
- Michigan LegislatureMichigan Compiled Laws, Chapter 43, Fences and Fence Viewers, Act 34 of 1978
- City of FlintFlint Code of Ordinances, Chapter 17, 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 Flint 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