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Fence Requirements in Detroit

EXCERPTS FROM THE MUNICIPAL CODE ORDINANCE 290-H, REGARDING FENCES

Section 12-11-34.0 Fences

Fences:  The respective owners of all lots in the City of Detroit shall construct and maintain partition fences between their own and next adjoining lots in such manner as stated in the following sections, except that by mutual consent of adjoining owners such fences may be omitted.  All owners of lots shall hereafter be responsible for the rebuilding, care and upkeep of all fences contiguous to or bordering upon streets and alleys and also all dividing lines as hereafter specified.  The partition fence, to be erected and maintained, shall mean only that portion between the rear of the house and the alley or rear lot line.

Section 12-11-34.1 MATERIALS TO BE USED:  All fences constructed or reconstructed shall be of one and five-eighths (1-5/8) inch iron pipe or two (2) by two (2) inch angle irons embedded in concrete in the ground, four (4) inch reinforced concrete posts or any other member of equal stability sunk in the soil at least three (3) feet and having a height above the average grade of the two adjoining lots on not less than two (2) feet.

Fences between adjoining lots and on streets, alleys and easements when erected shall not be less than two (2) feet in height nor more than eight (8) feet except fences enclosing industrial or commercial properties may be twelve (12) feet in height.

On the posts shall be properly fastened woven wire, boards, metal or other approved materials.  The junction of the posts and boards or wire shall always be considered the lot line.  The Department shall not be responsible for the establishing or locating the correct lot line between lots.

Section 12-11-34.2 HOW CONSTRUCTED:  The house number system of the City shall govern the side of the fence upon which the posts shall be placed.  Posts of all fences shall be placed on the side of the fence leading to the higher number as assigned by the City except only fences on the Grand Boulevard, East and West, and Outer Drive, and the fences therein shall be governed as though the Grand Boulevard and Outer Drive were numbered as on parallel streets.  The lot owner upon whose property the posts are located shall be responsible for building and maintaining the front half of the fence to be built, and the rear half of the opposite fence, notwithstanding that any previous ordinances are contrary herewith.

The posts of easement fences shall be placed on the side of the fence with the higher street number, and the lot owner upon whose property the posts are located shall be responsible for building and maintaining the half of the fence adjacent to the next higher street number.

Section 12-11-34.3  No person, firm or corporation or their lessee or agent, shall construct or maintain a barbed wire fence, partially or wholly around any area in any street, avenue, alley, lane or public highway, or in front of any public space or place, or nail or cause same to be nailed or fastened in any form, shape or manner upon partition fences, except that fences six (6) feet in height may have barbed wire attached to arms or brackets extending inward  over private property, but no such barbed wire shall be placed at any point to the ground than six (6) feet.

Section 12-11-34.4  All fences constructed or reconstructed around junk, scrap iron and metal or coal yards shall be designed as retaining walls where such fences are used to hold or restrain materials or things of any kind and shall be limited in height to six (6) feet.  Provided that such fences may be erected to a height not to exceed twelve (12) feet if the consent of not less than fifty (50) percent of the owners of property within five hundred (500) feet of the junk, scrap iron and metal or coal yard has been obtained or unless otherwise restricted as to height by the code.

Section 12-11-34.5  Notwithstanding any other provisions of the code relative to the location and construction of fences, all opaque fences, hedges, and any other type of opaque screening maintained  or placed within twenty (20) feet of the front public sidewalk shall be limited to three (3) feet in height above the grade of the public sidewalk.  When the front yard is less than twenty (20) feet, the three (3) foot limitation shall apply to the front yard area between the front of the building and the front public sidewalk.  The building official may modify these requirements where in his judgment no hazard to pedestrian or motor traffic is created or maintained.

NOTE:    The City does not establish lot lines or compel a property owner to pay an adjoining property owner for a portion of a fence.