Michigan Compiled Laws

Mich. Comp. Laws § 239.5 (2026)

Hedges; care, removal of brush; cities excepted.

✓ current as of July 2026

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PUBLIC HIGHWAYS AND PRIVATE ROADS

Act 283 of 1909

239.5 Hedges; care, removal of brush; cities excepted.

Sec. 5.

It shall be the duty of every owner, occupant or person having charge of lands in this state, to cut or trim, or cause to be cut or trimmed, to a height not exceeding 4 1/2 feet and a width not exceeding 3 feet, all hedges or hedge rows along or on the public highway or adjacent thereto in each and every year, except such hedges as shall have been set out for the protection of fruit trees and nursery stock. Trimmings or brush from such hedge rows shall not be left lying within the limits of the highway, but shall be forthwith removed: Provided, That this section shall not apply to streets or highways within incorporated cities.

History: 1909, Act 283, Eff. Sept. 1, 1909 ;-- Am. 1911, Act 24, Eff. Aug. 1, 1911 ;-- CL 1915, 4564 ;-- CL 1929, 4199 ;-- CL 1948, 239.5

FormerLaw Notes:

See section 1 of Act 166 of 1907.

Notes of Decisions

Cited in 3 cases, 1988–2016 · leading case: Scheurman v. Dep't of Transp., 456 N.W.2d 66 (Mich. 1990).

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Scheurman v. Dep't of Transp., 456 N.W.2d 66 (Mich. 1990). · cites it 8× “Plaintiff also alleges that the county has a duty to enforce MCL 239.5; MSA 9.525, which provides in part: It shall be the duty of every owner, occupant or person having charge of lands in this state, to cut or trim, or cause to be cut or trimmed, to a height not exceeding four…”

Prokop v. Wayne Cnty. Bd. of Road Commissioners, 424 N.W.2d 10 (Mich. Ct. App. 1988). · cites it 2× “Our conclusion is buttressed by MCL 239.5; MSA 9.525 which provides that it is the duty of every land owner to trim hedges that are growing along a public highway to a height not exceeding 4 1/2 feet.”

Christopher Holcomb v. Gwt Inc (Mich. Ct. App. 2016). “First, the statute cited by Holcomb, MCL 239.5, is inapplicable in this case. The statute requires land owners to maintain “all hedges or hedge rows” along public roadways at “a height not exceeding 4 1/2 feet.”

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