Montgomery County, MD Fence Regulations: Height Limits (2026)
Key Facts
- Corner-lot cap
- 3 ft within 15 ft of intersection
- Setback-exempt height
- 6.5 ft (8 ft near C/R zones)
- Height measured
- from grade at the fence
- Governing law
- Zoning Ord. § 6.4.3.C
- Municipalities excluded
- Rockville, Gaithersburg, 5 others
Summary
Montgomery County's Zoning Ordinance limits fences, walls, and hedges on residential corner lots to 3 feet within 15 feet of the street intersection, and lets fences up to 6.5 feet (8 feet near commercial or rail-adjacent zones) skip standard building setbacks entirely.
A fence, wall other than retaining wall, terrace, structure, shrubbery, planting, 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.
b. 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.
c. 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.
3. Exemptions from Building Line and Setbacks Building line and setback requirements do not apply to:
a. deer fencing:
i. in an Agricultural or Rural Residential zone; or
ii. behind the front building line for property in a non-Agricultural or non- Rural Residential zone unless the property adjoins a national historical park;
b. a retaining wall where changes in street grade, width, or alignment have made such structures necessary;
c. any other wall or fence that is not on a property abutting a national historic park and is:
i. 6.5 feet or less in height when not abutting a Commercial/Residential, Employment, or Industrial zone; or
ii. 8 feet or less in height when the fence abuts:
(A) a Commercial/Residential, Employment, or Industrial zone; or
(B) a master planned right-of-way for a rail line; or
(C) any service road that provides access to a master planned right-of-way
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-90: Montgomery County Code contains legislation effective through May 7, 2026 | Zoning Updated Effective: April 13, 2026 | COMCOR Regulations effective as of July 1, 2026).
Full Breakdown
Fence and wall height is measured from the lowest ground level at the fence or abutting a wall (§59.6.4.3.C.1). On a corner lot in a Residential zone, a fence, wall, hedge, or other visual obstruction can't exceed 3 feet above curb level within 15 feet of where the front and side street lines meet: the sightline rule. Elsewhere, a fence or wall of 6.5 feet or less (8 feet if it abuts a Commercial/Residential, Employment, or Industrial zone, or a rail right-of-way) is exempt from the Chapter's building-line and setback requirements; taller fences must meet them. Chapter 59 doesn't apply in Rockville, Gaithersburg, Brookeville, Poolesville, Laytonsville, Barnesville, or Washington Grove, which zone fences under their own codes.
Violations & Fines
Montgomery County's Department of Permitting Services enforces zoning fence rules; violations may draw a civil citation and a fine up to the maximum set by the Maryland Land Use Article, with each day a separate offense.
Frequently Asked Questions
How tall can I build a fence on a corner lot in Montgomery County?
Do I need a permit for a tall backyard fence?
Sources & Official References
Other rules in Montgomery County
How Montgomery County compares: Cities That Allow the Tallest Residential Fences·Compare Montgomery County to another location·View the Maryland fence regulations overview
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