Montgomery County, MD Fence Regulations: Fence Permit Requirements (2026)
Key Facts
- Permit required
- Yes, before construction
- Governing law
- County Code § 8-1(d)
- Fee
- $72 (COMCOR 08.14.01.01.E)
- Setback exemption
- Fences up to 6.5 ft exempt
- Municipal carve-outs
- Rockville, Gaithersburg, Takoma Park excluded
Summary
Montgomery County requires a building permit before installing or replacing a fence, issued by the Department of Permitting Services under Chapter 8 for a $72 fee, unless the work qualifies as an ordinary repair.
All buildings or structures must be constructed, extended, repaired, removed or altered under a permit that satisfies this Chapter, except for: (1) ordinary repairs as defined in Section 8-3; (2) a building or structure used exclusively for agricultural purposes on land used exclusively for agriculture; ... (3) the following public utility equipment: ...
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
Montgomery County Code § 8-1(d) requires a permit for every structure built, extended, repaired, removed or altered, with narrow exemptions for ordinary repairs, exclusively agricultural buildings and certain public utility equipment: none of which cover a residential fence. The Department of Permitting Services' fee schedule, COMCOR 08.14.01.01.E, lists a standalone $72 Fence Permit. Separately, the Zoning Ordinance (Ch. 59 § 6.4.3.C.3) exempts fences up to 6.5 feet high (8 feet near Commercial/Residential, Employment or Industrial zones) from building-line and setback rules, but that zoning exemption does not waive the Chapter 8 permit itself. Rockville, Gaithersburg and Takoma Park issue permits under their own municipal codes.
Violations & Fines
Building without a permit is a Chapter 8 violation; the Director can issue a stop-work order and require removal, alteration or a retroactive permit with penalties under § 8-22.
Frequently Asked Questions
Do I need a permit to build a fence in Montgomery County?
If my fence is short enough to skip the setback rule, do I still need a permit?
Does this rule apply inside Rockville or Gaithersburg?
Sources & Official References
Other rules in Montgomery County
Compare Montgomery County to another location·View the Maryland fence regulations overview
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