Wicomico County, MD Fence Regulations: Fence Permit Requirements (2026)
Key Facts
- Exempt fence height
- up to 8 feet
- Permit needed above
- 8 feet
- Applies to
- both IBC and IRC structures
- Unpermitted-work penalty
- 4x the usual fee
- Enforcing office
- Chief Building Official
Summary
Fences up to eight feet high in unincorporated Wicomico County do not need a building permit under § 117-3E of the County Code, which lists them among the work exempted from the adopted International Building Code's permit requirement. Anything taller than eight feet needs a permit application to the Chief Building Official before construction begins.
§ 117-3. Modifications to International Building Code. ... ... E. Section [A]105.2, Work exempt from permit: delete this section and replace with the following: [A] 105.2 Work exempt from permit. Exemptions from the permit requirement of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: Building: ... 2. Fences not over eight feet high.
Full Breakdown
' The same exemption threshold appears in the County's parallel adoption of the International Residential Code at § 117-5F, item 2, so the eight-foot line applies whether the fence serves a commercial building or a house. Other listed exemptions in the same subsection include retaining walls under four feet, sidewalks and driveways no more than 30 inches above grade, and swings and playground equipment accessory to one- and two-family homes, so a property owner building several small improvements at once should check the full § 117-3E list rather than assume only the fence line applies.
Anyone building a taller fence, or any fence tied into a use that separately requires zoning approval, such as within the Chesapeake Bay Critical Area under Chapter 125, must apply to the Chief Building Official and obtain a permit before starting work, per the general permit-required rule at § 117-3D.
Violations & Fines
Erecting a fence taller than eight feet without first obtaining a permit violates § 117-3D's permit-required rule, and § 117-3Q imposes a penalty of four times the usual permit fee unless the owner secures the missing permit within two business days of a County stop-work order. The Chief Building Official may also withhold future permits from a property owner who has not corrected a building code violation, under § 117-3I.
Frequently Asked Questions
Do I need a permit for a backyard fence in unincorporated Wicomico County?
What if I want to build a fence taller than eight feet?
Does the fence exemption apply to houses as well as commercial buildings?
Sources & Official References
Other rules in Wicomico County
Compare Wicomico County to another location·View the Maryland fence regulations overview
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