Gaithersburg Section 24-167 addresses shared property line fences. A side property line fence above 6 feet requires written consent from the adjoining property owner and city manager approval. Fences must be installed on or inside the property line, not on the neighbors land.
Gaithersburg zoning code Section 24-167 governs fences along shared property boundaries. No fence or wall more than 6 feet in height may be erected between lots along a side property line without the written consent of the adjoining property owner and approval of the city manager. Fences must be installed on the property owners own land, on or inside the property line. When the exact property line is disputed, the city may require a survey before issuing a fence permit. Maryland does not have a specific shared fence statute requiring cost-splitting between neighbors. The finished or decorative side of the fence is customarily faced outward toward the neighbor, though this is a courtesy rather than a code requirement in most cases. Building setback requirements do not apply to fences under Section 24-167. Disputes over fence placement or property lines may be resolved through the Montgomery County Mediation and Conflict Resolution Center.
Fence exceeding 6 feet without neighbor consent: zoning violation. Fence placed on neighboring property: potential trespass and civil liability.
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