Shelby, MI Fence Regulations: Fence Permit Requirements (2026)
Key Facts
- Governing section
- Village Code § 430-4
- Applies to
- Fences placed in street right-of-way
- Permit issued by
- Village Administrator under § 430-6
- Amended
- March 23, 2026 by Ord. No. 02-26
- Exceptions
- Temporary obstructions, USPS-compliant mailboxes
Summary
Village Code § 430-4 bars placing fences or other obstructions in any Shelby Village street or right-of-way except under a permit issued under Chapter 430, Article II. Fences are listed by name alongside berms, retaining walls and signs as items requiring Village Administrator approval before installation in the right-of-way.
No person shall place any article, thing or obstruction in any street or in any village right-of-way except under the conditions and in the manner permitted in this article, including, but not limited to: ... (2) Fences.
Full Breakdown
Section 430-4, Damaging streets; excavation and obstructions generally, amended March 23, 2026 by Ordinance No. 02-26, prohibits placing any article, thing or obstruction in a Village street or right-of-way except under the conditions and manner permitted by Chapter 430, Article II. The section lists ten specific examples the prohibition reaches, including berms, fences, landscaping rocks or boulders, lighting fixtures, retaining walls, septic systems, signs, sprinkler systems, permanent structures, and trees or shrubs not planted under Article I of the same chapter. A fence proposed for the Village right-of-way therefore needs a permit under § 430-6, obtained from the Village Administrator on prescribed forms, for a fee set by Council resolution; the permit is revocable by the Village Administrator for noncompliance and is valid only for the period endorsed on it.
Section 430-4(B) carves out two exceptions that do not require a permit: temporary obstructions incidental to moving goods to and from abutting premises, and mailboxes installed to USPS height and setback standards that do not create a traffic or visibility hazard. A fence built entirely on private property outside the right-of-way falls outside § 430-4's reach; the section governs only placement within the street or Village right-of-way itself. Applicants who install a fence in the right-of-way without the required permit are subject to the article's general enforcement provisions, and the Village Administrator may also require removal or relocation as a condition of any subsequent right-of-way work.
Violations & Fines
Placing a fence in the Village right-of-way without a § 430-6 permit violates § 430-4's general prohibition on unpermitted obstructions. The Village Administrator can order the fence altered or removed, and a permit already issued is revocable for noncompliance with the article's terms or the Administrator's lawful orders; costs of restoring the right-of-way can be drawn from the applicant's required cash deposit.
Frequently Asked Questions
Do I need a permit to put a fence in the Village of Shelby right-of-way?
Who issues the fence right-of-way permit?
Does a fence built entirely on my own property need this permit?
Sources & Official References
Other rules in Shelby
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