Fence in an Easement Permit & Inspection Process
Throughout Montgomery County, there are a number of storm drain systems that convey public water runoff from roads to a place where it can be safely dispersed. These systems are normally located within the public right of way or on an easement on private property. If you wish to place a residential fence within a County easement on your property, you must receive approval by the County. This includes providing a Declaration of Covenants for Maintenance and Liability within a Storm Drain Easement which must be recorded in the Land Records.
A storm drain easement is an area on private property that Montgomery County has the right to use. The County does not own the land but has control over what is placed within the easement area.
A Declaration of Covenants for Maintenance and Liability within a Storm Drain Easement is a document which the property owner must complete, stating responsibility for the maintenance and liability of the fence in the easement. It also states that Montgomery County may remove the fence at any time without liability or responsibility for the cost of replacing the fence. The document is recorded in Land Records as it is an encumbrance on the property.
Other than the fence permit fee , there is no additional cost for this review. However, there is a fee to record the Declaration of Covenants in Land Records.