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Before You Build in Montgomery, AL: Permit & Rule Checklist (2026)

Everything you need to know before starting a home improvement project

Building a fence, installing a pool, or adding a shed? Each project has its own set of local permits and rules in Montgomery. This guide consolidates fence, pool, ADU, shed, fire pit, and landscaping regulations into one checklist so you know what to expect before you start.

Quick Permit Checklist

At-a-glance overview of permit categories in Montgomery. Click any card for details.

Fences & Walls

Some Restrictions

Height limits, materials, permits, and shared fence rules.

Permit Requirements

Some Restrictions

Montgomery requires building permits for certain fence installations. Fences over 6 feet or those in special zoning districts require a permit from the Building Department.

Under 6 ft: Generally no permit neededOver 6 ft: Permit requiredProperty Lines: Survey recommended before buildingFlood Zones: Additional requirements may apply

Height Limits

Some Restrictions

Montgomery's zoning code regulates fence heights. Front yard fences are limited to 4 feet, while side and rear yard fences may be up to 6 feet in residential districts.

Front Yard: 4 feet maximumSide/Rear Yard: 6 feet maximumCorner Lots: Sight-line visibility requiredVariance: Board of Adjustment for exceptions

Neighbor Fence Rules

Some Restrictions

Montgomery requires fences to be built on or within the property owner's property line. Alabama follows the "spite fence" doctrine, and neighbors may share fence costs if both benefit from the fence.

Property Line: Fence must be on owner's propertySurvey: Recommended before constructionCost Sharing: Voluntary, not required by lawFinished Side: Should face outward toward neighbor

Swimming Pools

Heavy Restrictions

Pool permits, safety fencing, and drainage requirements.

Safety Rules

Heavy Restrictions

Montgomery requires residential pools to meet safety standards including proper barriers, drain covers, and compliance with the International Swimming Pool and Spa Code.

Permit: Required before pool constructionDrain Covers: VGB Act compliant requiredElectrical: Proper bonding and grounding requiredMaintenance: Neglected pools may violate health code

Fencing Requirements

Heavy Restrictions

Montgomery requires swimming pools to be enclosed by a fence or barrier at least 4 feet high with a self-closing, self-latching gate. This follows the International Swimming Pool and Spa Code adopted by the city.

Minimum Height: 48 inches (4 feet)Gate: Self-closing, self-latching requiredLatch Height: 54 inches above grade (exterior)Opening Size: No passage of 4-inch sphere

Above-Ground Pools

Some Restrictions

Above-ground pools in Montgomery must meet the same barrier and safety requirements as in-ground pools. Pools with walls less than 48 inches high require additional fencing.

Barrier: Same 4-foot requirement as in-ground poolsPool Walls: 48-inch walls may serve as partial barrierLadder: Must be lockable or removablePermit: Required for permanent installations

ADUs & Granny Flats

Some Restrictions

Accessory dwelling unit rules and garage conversion permits.

ADU Rules

Some Restrictions

Montgomery's zoning code addresses accessory dwelling units (ADUs) in residential districts. ADUs may be permitted as accessory uses in certain zones subject to conditions including owner occupancy and size limits.

Zoning: Permitted in certain residential zonesOwner Occupancy: Primary home must be owner-occupiedSize: Must be smaller than primary dwellingPermit: Building permit required

Garage Conversions

Some Restrictions

Converting a garage to living space in Montgomery requires a building permit and must comply with zoning and building codes. The conversion must meet habitability standards and may affect required off-street parking.

Permit: Building permit requiredParking: Must maintain required off-street spacesHabitability: Must meet building code for living spaceADU: Separate dwelling triggers ADU rules

Sheds & Outbuildings

Some Restrictions

Shed permits, setback limits, and outbuilding size rules.

Carport Rules

Some Restrictions

The Montgomery, AL Zoning Ordinance treats carports as accessory structures: they may not be erected in any required front or side yard, may not exceed two stories, may not cover more than 30% of any required rear yard, must be at least 5 ft from all lot lines, and at least 10 ft from any other structure on the lot. Building permits are required through the Department of Community Development.

Front/Side Yard: Not permittedMin. Lot Line Setback: 5 ftMin. Structure Spacing: 10 ftMax Rear Yard Coverage: 30%

Shed Rules

Some Restrictions

Montgomery allows storage sheds as accessory structures in residential zones. Sheds must comply with setback requirements and may need a building permit depending on size.

Setbacks: Typically 5 feet from side/rear linesSmall Sheds: Under ~120-200 sq ft may not need permitLarge Sheds: Building permit requiredPlacement: Rear or side yard only, not front yard

Fire Pits & Outdoor Structures

Heavy Restrictions

Fire pit placement, outdoor burning restrictions, and permits.

Outdoor Burning

Heavy Restrictions

Montgomery regulates outdoor burning under its environmental code. Open burning of yard waste and debris requires compliance with city fire regulations and Alabama Department of Environmental Management (ADEM) rules.

Trash Burning: Prohibited in city limitsYard Waste: Restricted, must follow ADEM rulesSupervision: Fires must be attended at all timesBurn Bans: Fire department may issue during dry conditions

Fire Pit Rules

Some Restrictions

Recreational fire pits in Montgomery must comply with fire safety setback requirements. Fires must be attended, properly contained, and kept a safe distance from structures.

Setback: Safe distance from structures requiredFuel: Clean dry wood only, no trashSupervision: Must be attended at all timesConditions: May be restricted during drought

Landscaping & Tree Removal

Some Restrictions

Tree removal permits, heritage tree protections, and water rules.

Tree Trimming

Some Restrictions

Property owners in Montgomery are responsible for trimming trees on their property that encroach on public sidewalks, streets, or neighboring properties. Trees must maintain adequate clearance over sidewalks and roads.

Sidewalk Clearance: 8 feet minimumStreet Clearance: 14 feet minimumNeighbor Rights: May trim branches at property lineCity Trees: Public Works handles right-of-way

Tree Removal & Heritage Trees

Some Restrictions

Montgomery does not have a comprehensive tree protection ordinance for private property, but trees in the public right-of-way and in historic districts may be protected. Developers must comply with landscaping requirements in the zoning code.

Private Property: Generally no permit requiredRight-of-Way: City permission requiredHistoric Districts: HPC approval may be neededNew Development: Landscaping requirements in zoning code

Water Restrictions

Some Restrictions

Montgomery Water Works and Sanitary Sewer Board may impose watering restrictions during drought conditions. Even without restrictions, water conservation is encouraged.

Authority: Montgomery Water Works & Sanitary Sewer BoardDrought Rules: Odd/even watering schedules possibleBest Hours: Early morning or evening irrigationState: ADEM may also impose restrictions

General Permit Tips

When do you typically need a permit?

Most cities require permits for structural work, including fences over a certain height, pools, ADUs, and sheds above a size threshold. Even projects that seem minor can trigger permit requirements, so it is always best to check first.

How to apply for a building permit

Visit your local building department or their website. Most jurisdictions accept online applications. You will typically need a site plan, project description, and may need contractor information. Processing times vary from same-day for simple projects to several weeks for larger builds.

Common permit violations to avoid

Building without a permit, exceeding approved dimensions, and ignoring setback requirements are the most common violations. Penalties can include fines, required removal of the structure, and complications when selling your home.

Looking for rules beyond permits? View all ordinances we track for Montgomery.