6 county-level rules, plus city-specific rules for 4 cities in Montgomery County, Texas.
Verified from official government sources
Montgomery County has no fence height ordinance for unincorporated residential areas. No countywide height limits exist. Subdivision deed restrictions and HOA rules are the primary source of fence height limits. Development permits may be required for fences in floodplain areas.
Montgomery County requires a development permit for fences within or within 100 feet of the 100-year floodplain. Outside floodplain areas, no county permit is required for fences on private property. New floodplain regulations took effect October 1, 2025.
Texas common law governs fence disputes between neighbors in unincorporated areas. The Texas Good Neighbor Fence Law (TX Agric. Code §74.001) applies to agricultural fences. HOA deed restrictions may specify shared fence responsibilities in subdivisions.
Tex. Agriculture Code Sec. 143.028 (Fences - Sufficient Fence Requirements)
Sec. 143.028. FENCES. (a) A person is not required to fence against animals that are not permitted to run at large. Except as otherwise provided by this section, a fence is sufficient for purposes of this chapter if it is sufficient to keep out ordinary livestock permitted to run at large.(b) In order to be sufficient, a fence must be at least four feet high and comply with the following r...
Montgomery County cannot require permits for retaining walls in unincorporated areas (no zoning authority). Conroe requires permits under IBC for walls over 4 feet. Lake Conroe waterfront walls need SJRA and USACE approval.
Montgomery County pools must meet TX Health & Safety Code Ch. 757 barrier rules: 48-inch fence, self-closing/self-latching gates, openings under 4 inches. Conroe enforces ISPSC 2021 via Code Ch. 18. State law overrides HOA restrictions.
Tex. Health & Safety Code Sec. 757.003(b)-(f)
The height of the pool yard enclosure must be at least 48 inches as measured from the ground on the side away from the pool. Openings under the pool yard enclosure may not allow a sphere four inches in diameter to pass under the pool yard enclosure. ... The use of chain link fencing materials is prohibited entirely for a new pool yard enclosure that is constructed after January 1, 1994.
Montgomery County has no authority to regulate fence materials in unincorporated areas. Conroe city code and HOA covenants in The Woodlands, Bentwater, and Walden on Lake Conroe govern materials. TX HB 2439 preempts city material bans.
4 cities in Montgomery County have their own fence regulations rules. Each link goes to that city's dedicated page with code citations.
See every category we cover for Montgomery County — parking, noise, fences, fires, animals, pools, and more.
Montgomery County Ordinance Hub →