Queen Anne's County, MD Fence Regulations: Fence Permit Requirements (2026)

Zoning approval is the step Queen Anne's County removes for fences. Section 18:1-40 states its purpose in Subsection A: to authorize the location of certain incidental accessory structures and architectural features without formal zoning approval. Subsection D lists the structures exempt on residential lots, and item (8) is fences and walls, provided that their installation does not violate any other provisions of Chapter 18. In unincorporated Queen Anne's County, including Kent Island, a homeowner can place a fence at any place on a residential lot without a Part 7 zoning approval, so long as it complies with the rest of the chapter. The same list exempts a single flagpole, a single clothesline, driveways and their curbs, and a single shelter for one domestic dog or cat that does not exceed 3 1/2 feet in height and is at least three feet from any lot line.

The exemption has edges. It covers residential lots, and the separate list in Subsection C names only ornamental or decorative structures and hunting blinds as exempt on any lot. It also removes only the zoning step. Section 18:1-132 separately states that a building permit is required to locate, erect, or begin the construction of any structure, and whether a given fence also triggers a building permit is a question for the Department of Planning and Zoning. Where zoning approval is required for other work, § 18:1-135 has the owner file with the Planning Director a drawing showing the size and location of every building and structure, and the filing fee is set by the County Commissioners.

Subsection E puts the first judgment on the lot owner, who is solely responsible for deciding whether a structure is an authorized incidental accessory structure. Enforcement agencies and any aggrieved person can challenge that determination at any time. Fences also appear in the code as screening: § 18:1-49.1 lets solar array screening consist of fences, berms, or vegetation.