Montgomery county fence permit application

MontgomeryCountyMD.GOV

Residential Fence Permit & Inspection Process

wooden fence in a yard of a single family home

A permit is required to install any type of fence in Montgomery County. Replacement of an existing fence (originally installed with a fence permit) with the same kind of fence (in the same location at the same height), does not require a fence permit. If an existing fence was not installed with a fence permit, the replacement fence must have a fence permit.

A permit is required when you are installing any type of fence. If a new fence is going to be installed in a side yard or front yard abutting a County maintained roadway, the permittee must contact the Right of Way Inspector. You can find your inspector by using our Find My Inspector application or our Staff Directory .

Measurement of Height: Fence or wall height is measured from the lowest level of the grade under the fence or abutting a wall.

Height and Placement: The maximum permitted height of a fence or wall is 6' 6" except as follows:

A fence, or other visual obstruction, on a corner lot in a residential zone can be a maximum height of 3 feet above the curb level for a distance of 15 feet from the intersection of the front and side street lines. A sight distance study may be required. The permittee must contact the Right of Way Inspection Unit for location verification.
A deer fence on a corner lot in a residential zone must not be located closer to the street than the face of the building.
A wall or fence must not be located within any required drainage, utility or similar easement, unless approved by the agency with jurisdiction over the easement.

Exemptions from Building Line and Setbacks:

Building line and setback requirements do not apply to: deer fencing in an agricultural or rural residential zone; or behind the front building line for property in a non-agricultural or non-rural residential zone unless the property adjoins a national historical park.
Any fence that is 6.5 feet or less in height and is not on a property abutting a national historic park
A rustic fence on a property abutting a national historical park
Any boundary fence behind the front building line if the property is located within 100 feet of a parking lot in a national historical park
Deer fencing and any other fence that 8 feet or less in height if the property is farmed and agriculturally assessed

Fence permits are usually issued within three days of application.

A Fence in an Easement approval is required if the fence is installed in an easement. Occasionally, lot conditions require approvals from other agencies such as easement holders or homeowner associations.

Please refer to our fee schedule for information regarding fees associated with this permit application process.

Homeowners may apply for a fence permit in their own name; however, if a contractor is to perform the work, DPS strongly suggests that the contractor be listed on the permit as the party responsible for the work. A contractor must have a Maryland Home Improvement Commission (MHIC) license to obtain a permit. A permit application for a fence or retaining wall installed on the private property line must be accompanied by a letter of approval from the adjacent property owner. Occasionally, lot conditions require approvals from other agencies such as easement holders, or homeowner associations. Provide a property plat or Google Earth photo of the property in which the fence is going to be installed with the proposed location sketched onto the plat/photo. The fence permit is limited to the applicant’s property as indicated on the approved site plan. Any dispute as to whether a fence has extended into a neighbor’s property or questions about the location of property lines is a legal matter to be resolved by the property owners. Any fence installed within the County right of way will not be permitted and will be required to be removed.

Any dispute as to whether a fence has extended into a neighbor’s property or questions about the location of property lines is a legal matter to be resolved by the property owners.

Fence permits are not inspected except during a complaint investigation.

Provide a property plat or site plan of the property on which the fence is going to be installed with the proposed location sketched onto the plat/plan. A permit application for a fence installed on the private property line must be accompanied by a letter of approval from the adjacent property owner.