Baltimore County, MD Fence Regulations: Fence Permit Requirements (2026)
Key Facts
- Front yard max height
- 42 inches
- Side/rear yard max height
- 6 ft (10 ft with setback)
- Waiver notice posting
- 15 days
- Hearing trigger radius
- 1,000 feet
- Appeal deadline
- 30 days to Board of Appeals
- Historic D.R./R.C.5 side yard cap
- 42 inches
Summary
Baltimore County caps residential fences at 42 inches in front yards and six feet in side and rear yards, but BCZR § 427.4 lets any owner apply to the building official for a waiver to build higher. The waiver process requires 15 days of posted notice and, if a neighbor within 1,000 feet asks, a public hearing before an administrative law judge.
§ 427.4. - Waivers. A.Any person may apply for a waiver to the height limitation requirements of Sections 427.1 and 427.2.B.The building official or designee is authorized to grant such waivers, provided public notice has been given and a public hearing has been held before the administrative law judge if requested.C.1.Public notice shall consist of posting the property for a period of 15 days.2.Anyone living within 1,000 feet of the subject property may request a public hearing, or may submit written comments for consideration.3.If no public hearing is requested, the building official or designee may grant a waiver containing any appropriate conditions or limitations.4.If a public hearing is requested, notice shall be further provided by posting the property for an additional 15 days.D.Any person aggrieved by the decision of the building official or designee may file a notice of appeal with the board of appeals within 30 days after the date of the final decision of the hearing officer.E.Any order by the building official granting a waiver shall contain a finding of fact setting forth and specifying the reason or reasons for allowing such a waiver.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 29 | Zoning Regulations: Supplement 10).
Full Breakdown
1, a residential fence may not exceed 42 inches in a front yard, or six feet in a side or rear yard, though it can rise to ten feet if set back two feet from the property line for every vertical foot above six feet. 5 zone inside a historic district, a fence in a side yard next to a public road is capped at 42 inches regardless of that setback formula, and a fence within ten feet of an adjoining front-yard property line also may not exceed 42 inches.
4 gives any owner who wants to exceed these limits a path to a waiver instead of a variance case before the Zoning Commissioner. The application goes to the building official or a designee, who must post the property for 15 days of public notice. Anyone living within 1,000 feet of the fence may request a hearing before an administrative law judge or submit written comments instead; if a hearing is requested, the property must be re-posted for another 15 days. Absent a hearing request, the building official can grant the waiver administratively with whatever conditions are appropriate, but every waiver order must include a written finding of fact explaining the reason for allowing it.
A person unhappy with the outcome, whether a denied applicant or an objecting neighbor, can file a notice of appeal with the Board of Appeals within 30 days of the final decision. 2, which allows up to 12 feet by right and lets the building official require taller fencing around hazardous locations such as athletic fields.
Violations & Fines
A fence built above the height allowed by § 427.1 without an approved § 427.4 waiver is a zoning violation the Department of Permits, Approvals and Inspections can order corrected or removed. Waiver denials, and any conditions attached to an approval, can be challenged before the County Board of Appeals within 30 days of the building official's final decision. Every granted waiver must state in writing the specific finding of fact that justified allowing the extra height, so a waiver issued without that finding is itself subject to challenge on appeal.
Frequently Asked Questions
Can I build a fence taller than six feet in my backyard in Baltimore County?
How do I apply for a fence height waiver?
What if my property is in a historic district?
Can I appeal if my waiver is denied?
Sources & Official References
Other rules in Baltimore County
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