Fence laws in Warren, Michigan
What the Warren municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Warren sets no rule of its own, the Michigan rule is shown in its place and marked as such.
Fence laws in Warren, Michigan, question by question
The short version
- Who pays on the line
- A Warren fence has to sit entirely on the land of the person building it, and the only way onto the common line is the neighbor agreeing in a form the city can see, and the answer turns on whether the neighbor signs.
- How tall
- Warren requires every fence in a residential area to be of an ornamental type and holds it to four feet, in metal, iron, chain link, wire, ornamental aluminum, vinyl or a solid material such as wood, brick or masonry, and the answer turns on whether the fence is ornamental or a privacy fence, and which part of the lot it stands on. The figure is 4 feet, for ornamental fence in a residential area.
- Permits
- Every fence and wall in Warren needs a permit from the division of buildings and safety engineering, with no height threshold at all, and the application carries a plot plan showing the type, size and proposed location, and the answer turns on whether the fence is temporary or on public land.
- Pool barriers
- Michigan puts no pool fence height in its own statute.
- Spite fences
- Warren has no spite fence statute. The chapters that were read are listed below. Cities and counties decide this one.
- Measured from what
- Warren reads height from the approved or natural ground level closest to the fence up to its highest point, so the reading is taken beside the fence rather than at the property corner or the curb, and the answer turns on whether the thing is a fence or a masonry wall. The figure is 10 feet, for widest spacing allowed between posts.
- Corner lots
- Warren handles the corner inside the front yard rule rather than in a separate triangle section, and the answer turns on whether the fence is in front of the building line and whether it is see through. The figure is 30 inches, for fence height in front of the building line.
- 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
- Warren sets a durability standard rather than a materials list, requiring every fence and wall to comply with the state construction code and to be of sufficient quality, with proper maintenance, to withstand rusting, rotting and other weather related deterioration for not less than ten years, and the answer turns on the material, and whether the Zoning Board of Appeals has approved it.
- Livestock
- Michigan sets no height, wire count, board count or post spacing for a farm fence.
Who owns the fence between two properties in Warren?
Compare fences on the property line across all 50 states
Warren answers this, but the answer changes depending on whether the neighbor signs.
A Warren fence has to sit entirely on the land of the person building it, and the only way onto the common line is the neighbor agreeing in a form the city can see. Either the adjoining owners jointly apply for and sign the permit, or the builder produces the written notarized consent of the adjacent owner. Notarization is a higher bar than the written consent other cities ask for. Having set that up, the city then steps back from the consequences: it says it will not be responsible for enforcing any agreement about who pays for a fence, nor for determining the location of any fence built on a lot line. So the city polices the consent and leaves the survey and the money to the two owners.
All fences, walls or landscape screens must be located entirely on the private property of the person constructing the fence, wall or landscape screen, provided, however, that if the adjoining property owners jointly apply for and sign a permit or with written notarized consent of the adjacent property owner a fence may be erected on the common property line.
The answer turns on whether the neighbor signs.
- no agreement with the neighbor
- Entirely on the land of whoever builds it.
- a joint permit or notarized consent
- On the common property line.
- a dispute about cost or location
- The city takes no responsibility.
Also on fences on the property line in Warren
- 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 Warren?
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Warren answers this, but the answer changes depending on whether the fence is ornamental or a privacy fence, and which part of the lot it stands on.
Warren requires every fence in a residential area to be of an ornamental type and holds it to four feet, in metal, iron, chain link, wire, ornamental aluminum, vinyl or a solid material such as wood, brick or masonry. The exception is the privacy fence, defined as a decorative fence of solid material that obscures view, which may reach six feet on an interior lot and may sit on the lot line or immediately beside it. In front of the house the answer is none at all: no fence, wall or landscape screen may be built between the established building line and the front property line. Two situations reopen that. A corner lot abutting a street may have a fence of up to thirty inches in that stretch, and it has to be of non-sight-obscuring material. And a lot at the closed end of a cul-de-sac whose side yard faces a street may run a fence or wall past the front building line to within a foot of the sidewalk, at up to four feet.
Fences in residential areas shall not exceed four (4) feet in height and may be constructed of either metal, iron, chain link, wire, ornamental aluminum, vinyl or solid material construction such as wood, brick or masonry, except privacy fences allowed as provided in section 4D.33 may not exceed six (6) feet in height.
The answer turns on whether the fence is ornamental or a privacy fence, and which part of the lot it stands on.
- an ornamental fence in a residential area
- Four feet. 4 ft
- a privacy fence on an interior lot
- Six feet, on or beside the lot line. 6 ft
- between the building line and the front property line
- Nothing, except on a corner lot or a cul-de-sac.
- a corner lot in that stretch
- Thirty inches, and see through. 30 in
Also on fence height in Warren
- 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 Warren?
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Warren answers this, but the answer changes depending on whether the fence is temporary or on public land.
Every fence and wall in Warren needs a permit from the division of buildings and safety engineering, with no height threshold at all, and the application carries a plot plan showing the type, size and proposed location. The fee is set by council resolution and charged on the lineal foot of fence to be installed, so it scales with the length of the run rather than being a flat charge. Four things are exempt: a temporary fence for a city approved special event, a temporary snow fence during winter, fences and walls on public property, and temporary construction or excavation fences meeting the state construction code, which may not stand more than a year without special approval from the Zoning Board of Appeals. The city also disclaims two things at the point of issue, saying it will not review deed covenants before granting a permit and that the permit does not modify the holder duties under them.
The permit application shall be accompanied by a plot plan showing the type, size and proposed location of the fence and payment of the permit fee established by resolution adopted by city council. The fee shall be based on the lineal foot of fence to be installed.
The answer turns on whether the fence is temporary or on public land.
- any fence or wall
- A permit, with a plot plan and a fee by the foot.
- a snow fence, event fence or fence on public land
- No permit.
- a construction fence standing over a year
- Special approval from the Zoning Board of Appeals.
Also on permits in Warren
- 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 Warren
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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 Warren 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 Warren
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Warren 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 Warren law. All Michigan findings
Documents read before writing that:
How fence height is measured in Warren
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Warren answers this, but the answer changes depending on whether the thing is a fence or a masonry wall.
Warren reads height from the approved or natural ground level closest to the fence up to its highest point, so the reading is taken beside the fence rather than at the property corner or the curb. Below ground it gets more specific than most zoning codes ever do. Every fence has to be a self supporting structure with posts sunk below grade to a depth of at least half the height of the fence, which puts three feet of post underground for a six foot privacy fence, and posts no more than ten feet apart. A wall, defined as a barrier of masonry on a continuous concrete footing, has to sit on a foundation no less than forty two inches below grade, which is frost depth in this part of Michigan.
All fences shall be installed on posts sunk below grade to a depth of at least half of the height of the fence and shall not be further than ten (10) feet apart.
The answer turns on whether the thing is a fence or a masonry wall.
- reading the height
- From the natural ground closest to the fence to its highest point.
- setting the posts
- Half the fence height deep, ten feet apart at most. 10 ft
- a masonry wall
- A continuous foundation forty two inches below grade. 42 in
Also on how height is measured in Warren
- 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 Warren
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Warren answers this, but the answer changes depending on whether the fence is in front of the building line and whether it is see through.
Warren handles the corner inside the front yard rule rather than in a separate triangle section. Because nothing at all may stand between the established building line and the front property line, the corner lot allowance is an exception rather than a limit: a fence may go in that stretch at up to thirty inches, and it has to be of non-sight-obscuring material, so both the height and the transparency are conditions of the exception. A berm screening a parking lot is handled by the same instinct, having to create a visual barrier along at least seventy five percent of its length while corner visibility is still maintained as required elsewhere in the zoning appendix. The landscape screen that berms and hedges form is itself defined as a continuous screen of at least thirty six inches, so the corner figure sits just below it.
On a corner lot abutting a street, a fence may be installed not exceeding thirty (30) inches in height between the established front setback line to the front property line, and shall be of a non-sight obscuring fence material.
The answer turns on whether the fence is in front of the building line and whether it is see through.
- a corner lot in front of the building line
- Thirty inches, see through. 30 in
- a berm screening parking
- Seventy five percent of its length, with corner visibility kept. 75%
Also on corner visibility in Warren
- 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 Warren
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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 Warren 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 Warren
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Warren answers this, but the answer changes depending on the material, and whether the Zoning Board of Appeals has approved it.
Warren sets a durability standard rather than a materials list, requiring every fence and wall to comply with the state construction code and to be of sufficient quality, with proper maintenance, to withstand rusting, rotting and other weather related deterioration for not less than ten years. Three things are prohibited outright. Razor wire anywhere around a property, street, alley or public place, together with any sharp or pointed fence top and any spike, nail or other pointed instrument affixed to a fence. Barbed wire on the same terms, except where the Zoning Board of Appeals approves it for a specific location. And any fence charged with or connected to an electrical current, with no exception at all. Orientation is settled too: supporting posts, cross members and hardware face into the lot of the person who put the fence up, unless the fence is opaque, in which case it has to look the same from both sides.
All fences or walls shall be constructed of materials in compliance with the state construction code and shall be of sufficient quality with proper maintenance to withstand rusting, rotting and other weather-related deterioration for a period of not less than ten (10) years.
The answer turns on the material, and whether the Zoning Board of Appeals has approved it.
- any fence
- Built to last ten years against the weather.
- razor wire, spikes, nails or a pointed top
- Prohibited.
- barbed wire
- Only where the Zoning Board of Appeals approves the location.
- an opaque fence
- Uniform in appearance from both sides.
Also on materials in Warren
- 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 Warren
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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 Warren 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 Warren
- 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 Warren itself. Each was read on the date shown.
- Michigan LegislatureMichigan Compiled Laws, Chapter 43, Fences and Fence Viewers, Act 34 of 1978
- City of WarrenWarren Code of Ordinances, Appendix A, Zoning, Article IV-D, Fences, Walls and Landscape Screens
- 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 Warren 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