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.
Texas counties lack zoning authority under Local Government Code Ch. 232-234, so Montgomery County cannot dictate fence materials on unincorporated land around Willis, Magnolia, Porter, or New Caney. Only subdivision plat restrictions or deed covenants apply. Inside Conroe city limits, Code of Ordinances Ch. 90 (Zoning) governs fence materials — barbed wire prohibited in residential districts, chain-link restricted in front yards. The Woodlands Township is unincorporated but governed by Woodlands Development Standards Committee (DSC) and village covenants administered by The Woodlands Community Associations — typically requires stained cedar, prohibits chain-link visible from street, requires DSC approval before installation. TX Property Code §202.018 protects religious displays on fences. TX HB 2439 (2019) prohibits Texas cities from banning specific building materials otherwise approved by national code — limits Conroe's authority to restrict modern composite or steel fence materials.
Unincorporated areas: no county enforcement absent deed restriction suit. Conroe: $50-$500 municipal fine under Ch. 90. The Woodlands: DSC violation letters, HOA fines $25-$100, potential civil suit for covenant enforcement.
Montgomery County, TX
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See how Montgomery County's material restrictions rules stack up against other locations.
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