SECTION 16.8 (f) – COMMISSION AUTHORITY – Limitation of Authority Over Plants, Trees, Landscaping, and Fences

Please note that I’ve referred to the Local Historic Districts Act (MCL 399.201, et seq) as the LHDA, the Clarkston ordinance (152.01, et seq of the Clarkston Code of Ordinances) as the Clarkston Ordinance, and the HDC charter proposal as the Charter Proposal.

 

Discussion:

Neither the LHDA nor the Clarkston Ordinance specifically mention landscaping in the context of open spaces, nor do they mention fencing.

The Charter Proposal notes the city’s historic district status stems from its establishment in the nineteenth century and the structures that existed at that time. This section declares that the current configuration of plants, trees, landscaping, and fences are not significant in the history, architecture, archaeology, engineering, or culture of this state or a community within this state or of the United States and should not be regulated.

Notes:

This is a statement of the obvious. Clarkston taxpayers and its residents have spent thousands of dollars in legal fees arguing over fences and shrubbery placement. Residents should be able to decide which bushes, flowers, trees, and backyard fences are appropriate for their own properties. And, as HDC chairman Hauxwell stated in his recent emails to a resident, the HDC has no specific ordinance that allows it to be involved in landscaping.

 

Paid for by Susan Bisio, P.O. Box 1303, Clarkston, MI 48347 with regulated funds.)