Commercial Fence Permit & Inspection Process
A fence permit is required to install any type of fence in Montgomery County.
Replacement of an existing fence, ORIGINALLY INSTALLED WITH A FENCE PERMIT, with the same kind of fence in the same location at the same height, does not require a fence permit. If an existing fence was not installed with a fence permit, the replacement fence must have a fence permit.
If a new fence is going to be installed in a side yard or front yard abutting a County maintained roadway, the permittee must contact the Right of Way Inspector
DPS is no longer accepting paper permit applications or plans. Information must be submitted using our eServices programs. For assistance with eServices please email DPS.eServices@montgomerycountymd.gov or contact Aaron Smith at 240.994.0335 or via email at aaron.smith@montgomerycountymd.gov.
A fence permit is required when you are installing any type of fence.
A Fence in the Easement approval is required if the fence is installed in an easement. Occasionally, lot conditions require approvals from other agencies such as easement holders, or homeowner associations.
Measurement of Height: Fence or wall height is measured from the lowest level of the grade under the fence or abutting a wall.
Height and Placement:The maximum height of a fence or wall is 6' 6". Except as follows:
- A fence, wall other than retaining wall, terrace, structure, shrubbery, planting, or other visual obstruction on a corner lot in a Residential zone can be a maximum height of 3 feet above the curb level for a distance of 15 feet from the intersection of the front and side street lines. A sight distance study may be required. The permittee must contact the Right of Way Inspector
- A wall or fence must not be located within any required drainage, utility or similar easement, unless approved by the agency with jurisdiction over the easement.
Exemptions from Building Line and Setbacks:
- Building line and setback requirements do not apply to: deer fencing in an Agricultural or Rural Residential zone; or behind the front building line for property in a non-Agricultural or non-Rural Residential zone unless the property adjoins a national historical park.
- Any other wall or fence that is 6.5 feet or less in height and is not on a property abutting a national historic park;
- A rustic fence on a property abutting a national historical park;
- Any boundary fence behind the front building line if the property is located within 100 feet of a parking lot in a national historical park; and
- Deer fencing and any other fence that 8 feet or less in height if the property is farmed and agriculturally assessed.
Fence permits are not inspected except during a complaint investigation. However, fences 7 feet or more in height require foundation and final inspections
A DPS fence permit is found under Commercial Accessory Structures and are calculated by the cost of construction.
Fence permits are usually issued within two weeks of application. Commercial fences 7’ in height or taller, review comments are provided by DPS within 30 calendar days for properly submitted plans.
Please refer to our Structrual Submittal Requirements for Fences document for a detailed list of information that must accompany your submittal.
Provide a property plat or satellite photo of the property in which the fence is going to be installed with the proposed location sketched onto the plat/photo. A permit application for a fence installed on the private property line must be accompanied by a letter of approval from the adjacent property owner.