# Fence Regulations



## billya (Jun 7, 2001)

I am considering erecting a fence around my deer hunting property in Lapeer county. I do not want to turn this into a game ranch but would like to have it fenced. What height fence can I legally put up. 
The property is 218 acres and is roughly 1/2 mile wide by 3/4 mile deep. 
Any recource would help to figure what my options are.


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## [email protected] (May 8, 2003)

I believe it is an 8 foot fence. Then it would be considered a preserve. There may be other details as well.


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## alex-v (Mar 24, 2005)

> Any recource would help to figure what my options are.


First off, why do you feel the need to fence off something that is roughly 1/2 mile wide by 3/4 mile deep??

Two different fences if the reasons if the fence is to keep out people *or* if the fence is to keep in animals.


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## boehr (Jan 31, 2000)

Sec. 2.11. (1) As used in this order, "fence" means a structure or combination of a structure and natural barrierwhich is sufficient to prohibit the natural movement of an animal. For the purposes of this order, except as provided by subsections (6) and (7), construction of a fence shall constitute a taking or the maintaining in captivity of wild, free-ranging deer, elk, bear, or moose if the structure is constructed in an area frequented by wild, free-ranging deer,
elk, bear, or moose and if 1 or more of the following conditions apply:
(a) The constructed structure is greater than 52 inches in height above the adjacent grade anywhere along its length and the total length of the constructed structure is more than ¼ mile and does not contain passages constructed in such a manner as to ensure the passage of wild, free ranging deer, elk, bear, or moose.
(b) The constructed structure is greater than 52 inches in height above the adjacent grade anywhere along its length and the combination of the constructed structure length and natural barrier length is more than ¼ mile in llength and does not contain within the length of the constructed structure passages constructed in such a manner as to ensure the passage of wild, free ranging deer, elk, bear, or moose.
(c) The proposed fence would enclose deer, elk, bear, or moose and the person constructing or causing the construction of the fence did not obtain a permit prior to construction of the fence from the department for the temporary enclosing of animals or did not comply with the conditions of the temporary enclosing permit including the removal or flushing of deer, elk, bear, or moose or the payment of fees as directed by the permit. An application for a permit to temporarily enclose deer, elk, bear, or moose shall not be considered unless the applicant includes a proposed method and timetable for the removing or flushing the deer, elk, bear, or moose and the proposed method and timetable of removing or flushing the deer, elk, bear, or moose is approved by the department. If approved by the department, a permit shall be issued by the wildlife permit specialist.
(2) As used in this order, "passage" means a space, opening, or fence 52 inches or less in height constructed in a manner to ensure the passage of wild, free-ranging deer, elk, bear, or moose. For a passage to be constructed in a manner to ensure the movement of wild, free ranging deer, elk, bear, or moose, all of the following shall apply:
(a) Passages shall be at least 40 feet wide and shall be spaced no more than 660 feet from the next passage.
(b) Fence corners shall have passages extending at least 20 feet in each direction.
(3) A person shall not construct, obstruct, or place passages in a manner to inhibit the movement of wild, freeranging deer, elk, bear, or moose.
(a) A person violates this section when the person does any of the following:
(i) Constructs passages in a place where the terrain or other natural features would inhibit passage use by wild, free-ranging deer, elk, bear, or moose.
(ii) Physically constructs passages in a manner that inhibits passage use by wild, free-ranging deer, elk, bear, or moose.
(iii) Blocks passages with physical barriers or otherwise constructs or uses physical barriers to impede the movement of wild, free-ranging deer, elk, bear, or moose through passages.
(iv) Uses a natural or artificial visual, aural, olfactory, gustatory, or physical stimulus to affect animal behavior in order to hinder, impede, or prevent the movement of wild, free-ranging deer, elk, bear, or moose through passages.
(v) Erects barriers or uses a natural or artificial visual, aural, olfactory, gustatory, or physical stimulus to affect animal behavior in order to hinder, impede, or deny wild, free-ranging deer, elk, bear, or moose ingress or egress to areas where passages are located.
(vi) Engages in any other act or behavior for the purpose of violating this subsection.
(4) The department may provide a written variance from these requirements for passages if the variance is deemed beneficial to wildlife and consistent with the intent of this order. Passages shall be placed along known travel lanes used by deer, elk, bear, or moose whenever practicable. It is recommended that either a minimum space of 4 inches be provided between the bottom of the fence and the adjacent grade, or that the fencing material contains 6-inch by 6-inch openings at ground level, in order to provide for the movement of other wildlife.
(5) In issuing a permit for the temporary enclosing of animals, the department shall do all of the following:
(a) If a permit is issued for a fence which would enclose wild, free-ranging elk, bear, or moose, the permit shall require the flushing or removal of all elk, bear, and moose.
(b) If a permit is issued for a fence which would enclose deer, the approved flushing plan shall require the flushing or removal of as many deer as practical. Deer not flushed or otherwise removed from an enclosure shall be killed in a manner approved by the department.
(c) Include a statement to advise the applicant that additional local or state regulations may apply to the construction and placement of fences.
(d) Charge a fee of $45.00 for each permit issued. However, if any deer is killed pursuant to subdivision (b), the permit fee shall be $45.00 plus $250.00 for each deer killed.
(6) This section shall not apply to premises licensed under the provisions of part 427, breeders and dealers, of the natural resources and environmental protection act, Act 451 of the Public Acts of 1994, being sections 324.42701 to 324.42714 of the Michigan Compiled Laws, or premises registered as a cervidae livestock facility under the provisions of the privately owned cervidae producers marketing act, Act 190 of the Public Acts of 2000, being
sections 287.951 to 287.969 of the Michigan Compiled Laws, or to an exclusion structure which does not kill, harm, capture, trap, or collect animals and which is constructed to:
(a) Deter or prevent damage by wild animals to private property, including but not limited to fences to protect livestock; poultry and other birds, including captive-reared game birds; farm crops; orchards; and gardens.
(b) Protect public safety, including but not limited to airport fencing, military fencing, and fencing to restrict access to dangerous or potentially dangerous areas.
(c) Provide any function and be constructed within the curtilage or within the incorporated limits of a city or village.
(d) Provide any type of industrial or commercial security function and be constructed within a recognized industrial or commercially zoned area.
(7) As provided by law for the taking of animals to prevent or control damage and when deemed advisable for public health or safety reasons, the wildlife division chief may issue a permit to allow the taking of deer, elk, bear, or
moose by fence.


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## answerguy8 (Oct 15, 2001)

billya said:


> I am considering erecting a fence around my deer hunting property in Lapeer county. I do not want to turn this into a game ranch but would like to have it fenced. What height fence can I legally put up.
> The property is 218 acres and is roughly 1/2 mile wide by 3/4 mile deep.
> Any recource would help to figure what my options are.


Gotta ask what are you trying to accomplish and just how much money do you have?


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## billya (Jun 7, 2001)

The first reason regarding erecting a fence is to keep people off of my land. Every ten acre landowner that buys adjacent to us thinks that this land is for them. We have never been contacted over the years regarding entering or tracking. So a fence will keep people off of the land that is not thiers to begin with.
Second is to try to keep all these ten acre landowners from shooting 1 1/2 year old bucks. We have not shot but one buck in five years and are still having trouble growing multiple 135"+ bucks.
Have any of you seen the fenced in area on Clarkston road just east of Sashabaw. Fenced in with a normal chainlinked fence and today at 1pm I saw 5 bucks and over 15 does within 100yards of a major road.
Money for the fence will come from logging a 30 acre section of the property. 
Sorry but I will do this legally.


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## answerguy8 (Oct 15, 2001)

billya said:


> Sorry but I will do this legally.


I hope you don't think I was suggesting otherwise.

But back to the subject; are you hoping to put up a fence that people aren't likely to climb over? The max height that Boehr posted about is 52 inches (4 feet 4 inches) and that really isn't gong to stop anyone who feels they have the 'right' to trespass onto your land.

My suggest while crude has been effective for me. You need to get a reputation as an a-hole. Catch someone in the act and threaten him with legal action, or skip the threat and report him to the authorities. I did this at the beginning of my ownership and it's been pretty effective.

You want them to be telling other neighbors "Stay off of Billya's property, he'll call the cops on you!".


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## WALLEYE MIKE (Jan 7, 2001)

billya said:


> The first reason regarding erecting a fence is to keep people off of my land. Every ten acre landowner that buys adjacent to us thinks that this land is for them. We have never been contacted over the years regarding entering or tracking. So a fence will keep people off of the land that is not thiers to begin with.
> Second is to try to keep all these ten acre landowners from shooting 1 1/2 year old bucks. We have not shot but one buck in five years and are still having trouble growing multiple 135"+ bucks.
> Have any of you seen the fenced in area on Clarkston road just east of Sashabaw. Fenced in with a normal chainlinked fence and today at 1pm I saw 5 bucks and over 15 does within 100yards of a major road.
> Money for the fence will come from logging a 30 acre section of the property.
> Sorry but I will do this legally.


Those 1 1/2 year old bucks as is all deer, belongs to the residents of the State of Michigan, not you. Just because they tranverse your property doesn't mean they belong to you. They can legally shoot them.


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## det07 (Mar 26, 2006)

I dont know your situation and I am not sure what I would do in this instance if I owned 200+ acres of land. I can understand your frusteration with these 10 acre adjacent land owners and I think that is one of Michigans major problems... but getting to the point. I dont think you NEED a fence, I think that you would be unhappy with the results. Like another member suggested, I would get in very close with the local CO and try to prosecute any tresspassers you can get a hold of. I was also going to suggest trying to get together with some of your neighbors to talk about deer management issues and get some ideas on how to compromise. I know that this is very unlikely and if you call the DNR on your neighbors I dont think that they will want to come over to discuss deer management. Maybe try the meeting first, if they are a holes about it, then start holy war with them.You may know these people all to well, but if you havent met, try getting to know them better before going all out on them. Unfortunatly 200 acres is just not enough to hold a deer, especially a big buck. If your neighbors cant compromise and still shot yearlings, then I think your out of luck. Join the rest of the state of Michigan or buy more land. Later


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## NEMichsportsman (Jul 3, 2001)

I am 99% sure with a high fence you will have to pay $$$'s for the deer...


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## Whit1 (Apr 27, 2001)

If you do put up a high fence that will impeed the free movement of deer on and off your property you will have to compensate the MDNR monetarily. You'd better check into that.


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## 1 elvis (Sep 10, 2006)

you also need to checkwith your township zoning dept as most have rules on max height for fences. 

aloha


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## tdejong302 (Nov 28, 2004)

Ditto, Make sure you check your zoning. You may need a variance to do this. Or it maybe allowed.


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## Pinefarm (Sep 19, 2000)

Mike, those deer are still able to traverse his land. He's not asking about a "high-fence" barrier that the deer cannot jump. He's asking about height that the deer could choose to jump from a flat footed start, if the deer wanted too. 
Tresspassing in our local area is so ingrained that's it's actually a merit badge for local Boy Scouts! :lol: 
But back to the fence, if it's 6' high, but ONLY a 1/4 mile long, then it's OK, correct? It has to be over 52" AND over 1/4 mile long. 
Basically, if I read this right, anyone with a square 160 acres (exactly a 1/4 each side) can put up a 6' high fence around all 4 sides and not require a permit. It's only when any side is over 1/4 long.


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## alex-v (Mar 24, 2005)

Pinefarm said:


> Basically, if I read this right, anyone with a square 160 acres (exactly a 1/4 each side) can put up a 6' high fence around all 4 sides and not require a permit. It's only when any side is over 1/4 long.


I don't know about that. The way I read paragraph A is that if the total length is over 1/4 total and it would be as soon as you rounded the first corner & if it is over the height which you 6' fence is and there are NO OPENINGS.


> _(a) The constructed structure is greater than 52 inches in height above the adjacent grade anywhere along its length and the total length of the constructed structure is more than ¼ mile and does not contain passages constructed in such a manner as to ensure the passage of wild, free ranging deer, elk, bear, or moose._


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## MoneyMan11 (Jan 8, 2004)

I plan on putting up a fence that will run about 250 yards to create a funnel into my food plot. This will certainly not impede movement, but it will move them where I want them. If I were going to try to keep deer on my property during daylight hours, I'd spend the money on LaPratt or Jeff Sturgis (NorthJeff) rather than a fence around the property. Doesn't keep the neighbors off, but it helps. We put a road completely around our 205 acres and this keeps the neighbors off. Touch to cover your tracks completely and complete visibility. We hunt the perimeter and leave the middle alone. We can see anyone cross the line that way.


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## WALLEYE MIKE (Jan 7, 2001)

Pinefarm said:


> Mike, those deer are still able to traverse his land. He's not asking about a "high-fence" barrier that the deer cannot jump. He's asking about height that the deer could choose to jump from a flat footed start, if the deer wanted too.
> Tresspassing in our local area is so ingrained that's it's actually a merit badge for local Boy Scouts! :lol:
> But back to the fence, if it's 6' high, but ONLY a 1/4 mile long, then it's OK, correct? It has to be over 52" AND over 1/4 mile long.
> Basically, if I read this right, anyone with a square 160 acres (exactly a 1/4 each side) can put up a 6' high fence around all 4 sides and not require a permit. It's only when any side is over 1/4 long.


Sounded to me he wants all to stay off his land and wants the deer for himself. (at least bigger one's)

Just post signs and prosecute those who don't obey.


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## MoneyMan11 (Jan 8, 2004)

WALLEYE MIKE said:


> Sounded to me he wants all to stay off his land and wants the deer for himself. (at least bigger one's)
> 
> Good goal.


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## billya (Jun 7, 2001)

I do not have time to chase people around during hunting season. That only pushes more deer to the fence line hunters. I would rather be hunting. 

I have had Tony out to the property.

Walley mike, I understand that these deer are for everyone and I also have the right to put up a fence. It will be pretty tough for someone to drag a deer over a fence. But acceptable if the deer jumps over the fence off of our property and then shoots it on thier property. Isn't that the way the law is supposted to work?


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## boehr (Jan 31, 2000)

Question asked and answered. billya is perfectly in his right to put up a fence under the guide lines of the law. I can understand his trespass problems as I once worked in the District he hunts. It is not cool to insinuate blame on a person who's purpose is to keep off trespassers.

No need for any more discussion here.


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