STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 6025

January 13, 1982

HIGHWAYS AND ROADS:

Application of requirement that hedges be trimmed along public highways to fences

WORDS AND PHRASES:

'Hedge'

'Hedgerow'

1909 PA 283, Sec. 5, which requires the trimming of hedges or hedgerows along a public highway, does not apply to a fence.

Honorable Jerome T. Hart

State Senator

The Capitol

Lansing, Michigan

You have requested my opinion on the question whether 1909 PA 283, Sec. 5, applies to fences. 1909 PA 283, Sec. 5, MCLA 239.5; MSA 9.525, provides:

1909 PA 283, Sec. 5, supra, specifically makes reference only to cutting or trimming to a maximum height and width 'all hedges or hedgerows along or on the public highway or adjacent thereto . . . except such hedges as shall have been set out for the protection of fruit trees and nursery stock.'

It is a well-established rule of statutory construction that language employed in a statute is to be given its plain and ordinary meaning unless the Legislature clearly indicates otherwise. Bingham v American Screw Products Co, 398 Mich 546; 248 NW2d 537 (1976). In seeking their meaning, words and clauses will not be divorced from those which precede and those which follow. Sanchick v State Board of Optometry, 342 Mich 555; 70 NW2d 757 (1955).

The term 'hedge' has been defined to mean a boundary formed by a row of shrubs or low trees planted close together. Webster's Third New International Dictionary. The term 'hedgerow' has been defined to mean a row of shrubs or trees enclosing or separating fields. Webster's Third New International Dictionary. Both of these definitions make it clear that the language 'hedges' and 'hedgerow' commonly refer to shrubs and trees.

It has also been held that a deed restricting the erection of a fence did not prohibit a hedge. Lockwood Meadows, Inc. v Buck, 416 SW2d 623 (Tex Civ App 1967).

1909 PA 283, Sec. 5, supra, refers to the cutting or trimming, or causing to be cut or trimmed hedges and hedgerows.

From the ordinary meaning of 'hedges' and 'hedgerows' and from the language preceding and following those words which refer to the cutting or trimming of hedges or hedgerows, it is clear that 1909 PA 283, Sec. 5, supra, applies to shrubs and trees, not fences.

It should ne noted that the ordinary meaning of a 'fence' is a structure of posts, boards, wire, pickets, or rails commonly used as an enclosure for a field or yard. Webster's Third New International Dictionary. To hold that 1909 PA 283, Sec. 5, supra, applies to fences would be to ignore the statutory language which refers to the cutting and trimming of hedges and hedgerows.

It is my opinion, therefore, that 1909 PA 283, Sec. 5, supra, applies to hedges and hedgerows of shrubs and trees, but does not apply to fences.

The answer to your first question makes the answer to your second question unnecessary.

Frank J. Kelley