Fence laws in Westland, Michigan
What the Westland municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Westland sets no rule of its own, the Michigan rule is shown in its place and marked as such.
Fence laws in Westland, Michigan, question by question
The short version
- Who pays on the line
- Westland gives three ways to build on a shared line and a fallback for when none of them works, and the answer turns on whether the adjoining owners consent. The figure is 2 feet, for setback where the neighbor has not consented.
- How tall
- Westland gives its fences a floor and a ceiling, and the answer turns on which yard the fence encloses and what kind of fence it is. The figure is 78 inches, for tallest rear yard privacy fence.
- Permits
- The department of building administers and enforces the Westland fence article, and the route past any of its numbers runs through the zoning board of appeals, and the answer turns on whether a physical circumstance makes compliance a practical difficulty.
- Pool barriers
- Michigan puts no pool fence height in its own statute.
- Spite fences
- Westland has no spite fence statute. The chapters that were read are listed below. Cities and counties decide this one.
- Measured from what
- Every height in the Westland article is stated above the grade of the two adjoining lots rather than above the ground on one side, so a fence on a slope is read against a shared datum and neither neighbor gets the benefit or the penalty of the fall, and the answer turns on whether the measurement is above or below the ground. The figure is 3 feet, for depth a post is sunk.
- Corner lots
- Michigan has a 1925 law about fences that sit in the road. It reaches a fence, building or other object standing in a public highway only.
- 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 Westland prohibition is written around the whole approach to a house rather than around the fence alone, and the answer turns on the material and whether the property is residential.
- Livestock
- Michigan sets no height, wire count, board count or post spacing for a farm fence.
Who owns the fence between two properties in Westland?
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Westland answers this, but the answer changes depending on whether the adjoining owners consent.
Westland gives three ways to build on a shared line and a fallback for when none of them works. The three are the written mutual consent of the adjoining owners, with the cost and responsibility shared however they agree; a building department inspection finding the existing fence a safety hazard; or a survey showing the fence is wholly on the applicant own land. Where none applies, the fence may still go up, but wholly on the builder property, and the builder takes on the complete repair and maintenance of both sides of it and of the ground beside it, and has to show how that will be done without going onto the neighbor land. An ornamental or privacy fence in that situation has to be either two or more feet back from the lot line or built so it is readily removable, so somebody can reach the far side. Absent mutual consent, the supporting posts face the lot the fence was built on, unless the posts of a privacy fence are centered within the panels.
Located wholly upon the petitioner’s property and constructed so as to be readily removable so that access may be provided to both sides of the fence and the adjacent ground area.
The answer turns on whether the adjoining owners consent.
- written mutual consent
- On the shared line, with the costs split as agreed.
- no consent
- Two feet back, or built to come apart. 2 ft
- two lots with abutting driveways
- A signed and notarized approval from each owner.
Also on fences on the property line in Westland
- 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 Westland?
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Westland answers this, but the answer changes depending on which yard the fence encloses and what kind of fence it is.
Westland gives its fences a floor and a ceiling. A rear yard may be enclosed by a privacy fence of not less than three feet and not more than six feet six inches above the grade of the two adjoining lots. A side yard fence, which is only allowed in the narrow cases the location section sets out, runs from three feet to four feet six. A split rail or ranch type fence of no more than two rails sits at a flat three feet. Where one lot rear yard fence would also be the side yard fence of the lot next door, because of the way the two face, the taller rear yard figure governs the whole circumference of that rear yard. And the last subsection closes the usual workaround: decorative tops, extensions and all other additions to increase the height of a fence are prohibited.
Except as otherwise provided in this article, rear yards may be enclosed by privacy fences of a height above the grade of the two adjoining lots of not less than three feet nor more than six feet, six inches.
The answer turns on which yard the fence encloses and what kind of fence it is.
- a rear yard privacy fence
- Three feet to six feet six. 78 in
- a side yard fence where one is allowed
- Three feet to four feet six. 54 in
- a split rail or ranch type fence
- Three feet. 3 ft
- a decorative top or extension
- Prohibited.
Also on fence height in Westland
- 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 Westland?
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Westland answers this, but the answer changes depending on whether a physical circumstance makes compliance a practical difficulty.
The department of building administers and enforces the Westland fence article, and the route past any of its numbers runs through the zoning board of appeals. That board may permit deviations, variances and exceptions to the locations, heights and types of material the article specifies, but only on a showing that the requirements impose a practical difficulty based on the physical circumstances of the petitioner lot or of the neighboring lots. Two things follow from that wording. The difficulty has to be physical rather than a matter of preference or cost, and it may arise from the land next door as readily as from the applicant own. A fee set elsewhere in the code accompanies the appeal. The article also states plainly, in the middle of the dimensions section, that the city does not establish property lines.
The zoning board of appeals shall have the authority to permit deviations, variances, and exceptions to the locations, heights, and types of material specified in this article upon a showing that the requirements and provisions of this article impose a practical difficulty based upon the physical circumstances of the petitioner’s or neighboring lots.
The answer turns on whether a physical circumstance makes compliance a practical difficulty.
- a fence inside the stated standards
- The building department administers it.
- a physical practical difficulty
- The zoning board of appeals may vary height, location or material.
- a dispute about where the line is
- The city does not establish property lines.
Also on permits in Westland
- 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 Westland
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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 Westland 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 Westland
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Westland 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 Westland law. All Michigan findings
Documents read before writing that:
How fence height is measured in Westland
Compare how height is measured across all 50 states
Westland answers this, but the answer changes depending on whether the measurement is above or below the ground.
Every height in the Westland article is stated above the grade of the two adjoining lots rather than above the ground on one side, so a fence on a slope is read against a shared datum and neither neighbor gets the benefit or the penalty of the fall. Below ground the article is equally specific, requiring every fence in a residential district, and on residentially used land in a commercial district, to be built with posts sunk in the soil at least three feet. Above ground it asks for a gap: an ornamental or privacy fence has to be built so its panels sit six inches above the existing grade, which is a deliberate space for air and water rather than an oversight.
Ornamental or privacy fences shall be constructed so that the panels are six inches above the existing grade.
The answer turns on whether the measurement is above or below the ground.
- reading the height
- Above the grade of the two adjoining lots.
- setting the posts
- Three feet into the soil. 3 ft
- the panels of a privacy fence
- Six inches clear of the ground. 6 in
Also on how height is measured in Westland
- 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 Westland
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Michigan answers this in its own law. The words that do it are quoted below.
Michigan 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.
This one is Michigan law, not Westland law. All Michigan findings
In every case where a public highway has been or shall be encroached upon by any fence, building, or other encroachment, the commissioner or commissioners having jurisdiction over the road may make an order under his or their hand requiring the owner or occupant of the land through or by which such highway runs
Retaining wall rules in Westland
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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 Westland 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 Westland
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Westland answers this, but the answer changes depending on the material and whether the property is residential.
The Westland prohibition is written around the whole approach to a house rather than around the fence alone. No owner, lessee or agent may put any spike, nail or other sharp pointed instrument on or about the stairway to the entrance, on or about the exterior building line, on any fence, on the adjacent sidewalk or anywhere on a residential lot. Barbed wire gets its own sentence in the same section and is unlawful partly or wholly around any residential property, and equally unlawful nailed or fastened in any form to a fence in a residential area. The article defines what it is regulating broadly, taking in cyclone and chain link, ornamental and privacy fences, split rail and ranch type fences, and applying the same heights and locations to hedges and shrubbery used to partition an area.
It shall be unlawful to construct or maintain a barbed wire fence partially or wholly around or upon any residential property, or nail or cause barbed wire to be nailed or fastened, in any form, shape or manner, upon a fence in any such residential area.
The answer turns on the material and whether the property is residential.
- barbed wire on a residential lot
- Unlawful, in any form.
- a spike, nail or sharp point
- Barred from the fence, the steps, the wall and the sidewalk.
- a hedge used to partition an area
- Treated as a fence for height and location.
Also on materials in Westland
- 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 Westland
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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 Westland 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 Westland
- 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 Westland itself. Each was read on the date shown.
- Michigan LegislatureMichigan Compiled Laws, Chapter 43, Fences and Fence Viewers, Act 34 of 1978
- City of WestlandWestland Code of Ordinances, Chapter 22, Buildings and Building Regulations, Article X, 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 Westland 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