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Upper Darby, PA Fence Regulations: Fence Permit Requirements (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Permit trigger
New fence or replacement of existing fence
Base fee
$40 plus $20 per $1,000 of cost
Retaining wall permit
Fence permit if under 4 feet
Issuing office
Zoning Officer

Summary

Upper Darby requires a fence permit before erecting or replacing any fence, at a cost of $40 plus $20 per $1,000 of the work's value. Retaining walls under four feet also need a fence permit, not a building permit.

A fence permit is required for the erection and construction of any new fence as well as the replacement of an existing fence.

Full Breakdown

Section 550-39J of the Upper Darby Zoning Code establishes the Township's fence permitting system. " There is no size or material exemption in the text: any new fence or any replacement of an existing one triggers the permit requirement. The application fee, set in § 550-39J(3), is calculated as $40 plus an additional $20 for each $1,000 of the cost of the work or fraction thereof, so a modest backyard fence and a larger perimeter installation are charged on a sliding scale tied to project cost rather than a single flat rate.

The Township explains its rationale in § 550-39J(1): it is recovering the administrative cost of Zoning Officer review, not generating general revenue. Related structures are folded into the same permitting track: § 550-39C(4) specifies that retaining walls under four feet in height require a fence permit rather than a building permit, while retaining walls over four feet require a full building permit instead. The Zoning Officer, designated in § 550-39A as responsible for zoning enforcement of fences, administers the permit review, checking proposed fences against placement, height and material standards elsewhere in the same section before issuing approval.

Violations & Fines

Erecting or replacing a fence without the required permit exposes the property owner to the general fence violation penalty in § 550-39K: a fine of not less than $100 nor more than $1,000 per offense, with each day of continued noncompliance treated as a separate offense.

Frequently Asked Questions

Do I need a permit to replace an old fence in Upper Darby with the same style?
Yes. Section 550-39J(2) requires a fence permit for the erection and construction of any new fence as well as the replacement of an existing fence, with no exemption for like-for-like replacement.
How much does an Upper Darby fence permit cost?
The fee under § 550-39J(3) is $40 plus an additional $20 for each $1,000 of the cost of the work or fraction thereof, so the total scales with how much the fence project costs.
Does a low retaining wall need a building permit instead?
No. Section 550-39C(4) treats retaining walls under four feet as fence-permit projects; only retaining walls over four feet in height require a full building permit.

Sources & Official References

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