Fence laws in Kalamazoo, Michigan
What the Kalamazoo municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Kalamazoo sets no rule of its own, the Michigan rule is shown in its place and marked as such.
Fence laws in Kalamazoo, Michigan, question by question
The short version
- Who pays on the line
- Kalamazoo keeps a fence off the boundary altogether, and the answer turns on whether the fence is an ordinary one or a required landscape screen. The figure is 10 feet, for width of a required side or rear landscape screen.
- How tall
- A residential fence in Kalamazoo may reach seven feet in a side or rear yard, including where the yard fronts an alley, which is a foot more than almost every other Michigan city of this size allows, and the answer turns on the use of the property and which yard the fence stands in. The figure is 7 feet, for residential side or rear fence.
- Permits
- A fence in Michigan seven feet tall or shorter needs no building permit. The figure is 7 feet, for residential fence height at or below which no building permit is required.
- Pool barriers
- Michigan puts no pool fence height in its own statute.
- Spite fences
- Kalamazoo has no spite fence statute. The chapters that were read are listed below. Cities and counties decide this one.
- Measured from what
- Kalamazoo measures a fence panel by panel rather than as a whole run, taking the reading from the average grade at the base of each panel up to the top of its tallest part, and the answer turns on whether the thing measured is a panel or a post.
- Corner lots
- The clear view zone rule in Kalamazoo turns on two things at once rather than height alone, and the answer turns on the height and the opacity of the fence together. The figure is 75 percent, for opacity at which the clear view rule bites.
- 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 prohibited materials list is short and one entry is written as a condition rather than a ban, and the answer turns on the material and which yard it stands in.
- Livestock
- Michigan sets no height, wire count, board count or post spacing for a farm fence.
Who owns the fence between two properties in Kalamazoo?
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Kalamazoo answers this, but the answer changes depending on whether the fence is an ordinary one or a required landscape screen.
Kalamazoo keeps a fence off the boundary altogether. Fences have to be installed entirely within the property lines of the parcel they belong to, so there is no shared line fence in this code and no consent question to answer, and the strip between the fence and the line stays with the owner who set it back. The good side rule is stated with its own definition attached, requiring the finished side to face outward and defining that as the side with fewer or no visible structural framing or bracing elements, which removes the argument about what finished means. A required landscape screen between uses is measured from the shared property line instead, at ten feet wide in most cases, fifteen where a manufacturing use abuts another use and twenty where it abuts residential, park, open space or preserve land.
Fences shall be installed with the finished side (i.e., the side with fewer or no visible structural framing or bracing elements) facing outward from the lot on which it is installed.
50-8.5.A(2)(a) and (b), with 50-8.4
The answer turns on whether the fence is an ordinary one or a required landscape screen.
- any fence
- Entirely inside the parcel, finished side out.
- a landscape screen between uses
- Ten feet wide from the shared line. 10 ft
- a manufacturing use next to housing
- Twenty feet. 20 ft
Also on fences on the property line in Kalamazoo
- 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 Kalamazoo?
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Kalamazoo answers this, but the answer changes depending on the use of the property and which yard the fence stands in.
A residential fence in Kalamazoo may reach seven feet in a side or rear yard, including where the yard fronts an alley, which is a foot more than almost every other Michigan city of this size allows. The front yard is held to four feet. A corner side yard takes the same four feet, but only where the fence sits in the build-to zone or within the required setback and within twenty feet of the corner side property line, so the restriction is tied to the part of the yard nearest the junction rather than to the whole side. Fences may be built on top of walls so long as the combined structure meets the limit for where it stands, which settles the retaining wall question directly. On nonresidential land the figures are six feet in front and corner side yards and eight feet in side and rear yards.
In side and rear yards, including when fronting an alley, the maximum permitted height is seven feet.
The answer turns on the use of the property and which yard the fence stands in.
- a residential side or rear yard
- Seven feet. 7 ft
- a residential front or corner side yard
- Four feet. 4 ft
- a nonresidential side or rear yard
- Eight feet. 8 ft
- a fence on top of a wall
- The whole structure has to meet the limit.
Also on fence height in Kalamazoo
- 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 Kalamazoo?
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Michigan answers this in its own law. The words that do it are quoted below.
A 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.
This one is Michigan law, not Kalamazoo law. All Michigan findings
A fence that is not more than 7 feet (2 134 mm) high.
7 ftresidential fence height at or below which no building permit is required
Pool fence requirements in Kalamazoo
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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 Kalamazoo 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 Kalamazoo
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Kalamazoo 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 Kalamazoo law. All Michigan findings
Documents read before writing that:
How fence height is measured in Kalamazoo
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Kalamazoo answers this, but the answer changes depending on whether the thing measured is a panel or a post.
Kalamazoo measures a fence panel by panel rather than as a whole run, taking the reading from the average grade at the base of each panel up to the top of its tallest part. Averaging within the panel is what makes a fence on a slope workable, because a panel spanning a dip is judged on the mean of the ground under it rather than on its lowest point. The section then allows one deliberate exception to its own figure: fence posts between panels may be taller. So a decorative post cap standing above the panel line does not put the fence over the limit, which is the opposite of the answer several nearby cities give. A fence built on top of a wall is treated as one structure and the combined height has to meet the limit for its location.
Fence height is calculated by measuring a fence panel from the average grade at the base to the top of the tallest part of the panel, Fence posts between panels may be taller.
The answer turns on whether the thing measured is a panel or a post.
- a fence panel
- From the average grade at its base to its tallest part.
- a post between panels
- It may stand taller than the panel.
- a fence on a wall
- Measured as one structure.
Also on how height is measured in Kalamazoo
- 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 Kalamazoo
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Kalamazoo answers this, but the answer changes depending on the height and the opacity of the fence together.
The clear view zone rule in Kalamazoo turns on two things at once rather than height alone. A fence or wall in a front or corner side yard is barred from a clear view zone when it is both over four feet tall and more than seventy-five percent opaque, so an open fence taller than four feet and a solid fence at or under four feet each pass. The zone itself is shown in Figure 8.3-1 rather than described in words, which means the drawing carries the dimensions. Alongside it a general rule caps opacity everywhere at the front: unless otherwise noted, no fence or wall in a front or corner side yard may be more than seventy-five percent opaque, whatever its height. The residential corner side yard limit works on distance, applying the four foot figure within twenty feet of the corner side property line.
Fences or walls in the front and corner side yards over four feet in height and with opacity of more than 75% are not permitted in the clear view zones.
50-8.5.C(2), with A(2)(c) and B(2)
The answer turns on the height and the opacity of the fence together.
- a fence over four feet and mostly solid
- Not permitted in a clear view zone. 75%
- any front or corner side yard fence
- No more than three quarters opaque.
- a residential corner side yard
- Four feet within twenty feet of the corner line. 20 ft
Also on corner visibility in Kalamazoo
- 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 Kalamazoo
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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 Kalamazoo 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 Kalamazoo
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Kalamazoo answers this, but the answer changes depending on the material and which yard it stands in.
The prohibited materials list is short and one entry is written as a condition rather than a ban. Fences and walls made of debris, junk or waste materials may not be installed unless the material has been recycled and reprocessed to resemble new building materials, which leaves room for reclaimed and remanufactured stock while keeping a fence of salvage off the street. Chain link is not permitted in a front or corner side yard in any district, and plywood, woven plastic and metal slat fences are not permitted in any yard unless the code says otherwise elsewhere. One exception cuts the other way: transparent or nearly transparent mesh and similar plastic woven materials are permitted on top of fences or walls, or around gardens and planting areas, as seasonal protection from wildlife. Barbed wire and razor wire are pushed out to a different chapter, complying with Section 22-14 rather than with this article.
Fences and walls constructed of debris, junk, or waste materials shall not be installed unless such materials have been recycled and reprocessed to resemble new building materials.
The answer turns on the material and which yard it stands in.
- reclaimed material
- Allowed once it is reprocessed to resemble new material.
- chain link at the front
- Not permitted in any district.
- garden mesh against wildlife
- Permitted, seasonally.
Also on materials in Kalamazoo
- 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 Kalamazoo
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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 Kalamazoo 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 Kalamazoo
- 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 Kalamazoo itself. Each was read on the date shown.
- Michigan LegislatureMichigan Compiled Laws, Chapter 43, Fences and Fence Viewers, Act 34 of 1978
- City of KalamazooKalamazoo Code of Ordinances, Chapter 50, Zoning, Article 8, Section 50-8.5, Fences, walls, and screening
- 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 Kalamazoo 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