Washtenaw County, MI does not regulate residential fence heights. Under the Michigan Zoning Enabling Act (MCL 125.3101 et seq.), fence height, setbacks, and materials are the exclusive authority of each city, village, and township. Ann Arbor City Code Chapter 104 (Fences) sets specific limits: fences in the front 25-40 feet must be under 30 inches and less than 50% opaque, middle-yard fences are capped at 6 feet (80% opacity max), and rear yard fences may go to 8 feet. A building permit is required for any fence over 6 feet. Pool barriers must comply with the Michigan Residential Code (48-inch minimum). Always check your municipal building/zoning department before installing.
Washtenaw County does not adopt zoning ordinances for residential properties. The Michigan Zoning Enabling Act (MCL 125.3101 et seq., effective 2006) delegates all zoning - fence heights, accessory structures, setbacks, and lot coverage - to municipal planning commissions and local zoning ordinances. Michigan has no statewide fence height limit and no statutory 'spite fence' law (common-law nuisance principles apply). Ann Arbor City Code Chapter 104 (Fences) is the most detailed in the county. It divides residential lots into three zones: (1) the front open space (25-40 feet from the street or sidewalk), where fences must be less than 30 inches tall and less than 50% opaque; (2) the middle space, where fences are capped at 6 feet and may be up to 80% opaque; and (3) the rear yard, where fences may go to 8 feet and may be fully opaque. Any fence over 6 feet requires a building permit from the City. The Ann Arbor Unified Development Code (Chapter 55) governs zoning districts and setbacks. Ypsilanti, Saline, Chelsea, and the townships have their own fence ordinances - typically 4 feet front / 6 feet side and rear with permit required. Pool barriers must comply with the Michigan Residential Code (based on IRC), which requires a minimum 48-inch barrier with self-closing, self-latching gates and a maximum 4-inch opening. Boundary disputes are civil matters under Michigan common law.
Building a non-compliant fence is a violation of the local zoning ordinance, not a County ordinance. The municipality (Ann Arbor, Ypsilanti, Saline, Pittsfield Township, etc.) issues a notice of violation through its zoning officer or building inspector. Ann Arbor Code Chapter 104 violations are municipal civil infractions; penalties are set under the Home Rule City Act (MCL 117.4i) and typically include fines plus an order to remove or modify the fence. A fence over 6 feet without a permit can also trigger a stop-work order. Failure to comply may escalate to enforcement action in the 15th District Court. Disputes between neighbors over property line location are civil matters resolved through a licensed surveyor and, if needed, the Washtenaw County Trial Court (22nd Circuit).
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