Can I be required to remove my fence if it was put up with a permit?

The zoning administrator who signed it said it was issued by mistake. The reason for the violation is that the fence is not 25′ away from the right of way of the intersection. The fence permit included a site plan contained all the information that was asked for on the permit. I was not given a copy of the city’s fence ordinance until I was asked to take it down. The fence is a 6′ privacy fence that replaced a 4′ chain link fence

Asked on July 27, 2012 under Real Estate Law, Michigan


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you have written about in your question, it would appear that you will have to remove the fence that you installed as is as bing in violation of your municipality's ordinance. The reason is that although you received a permit from a governmental employee to erect the fence, the placement "as is" was in violation of local zoning laws on the books.

Since such zoning laws were already in place when the fence was constructed, you are deemed under the law to have been on actual notice of such.

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