Montgomery County does not require DPS building permits for most residential fences under 6.5 feet. Permits are required for retaining walls, fences in floodplains, and fences within setback areas. MCDOT right-of-way permits needed if a fence is near a county road.
DPS does not require a building permit for standard residential fences under 6.5 feet in height that comply with zoning setback requirements. A building permit is required when a fence incorporates a retaining wall, when the fence is located in a Special Protection Area or floodplain, or when the structure exceeds 6.5 feet (which also needs a Board of Appeals variance). Fences near county roads require an MCDOT right-of-way encroachment review. In the Chesapeake Bay Critical Area buffer zones, DPS environmental review is mandatory for any ground-disturbing fence installation. HOA-regulated communities may require Architectural Review Committee (ARC) approval before installation. Miss Utility (811) must be called before digging post holes to locate underground utilities. Fences on property lines shared with neighbors should be surveyed to avoid encroachment disputes.
Unpermitted fence in regulated area: removal order from DPS. Floodplain violations: up to $1,000 per day under county floodplain ordinance. MCDOT encroachment: fence removal at owner expense.
Montgomery County, MD
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Montgomery County, MD
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Montgomery County, MD
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Montgomery County, MD
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Montgomery County, MD
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Montgomery County, MD
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