Does my fence need a permit?

  • Permits & Inspections (Washington, DC)

    Building a fence in Washington, DC involves more than just materials and labor. Unlike many parts of Maryland, DC requires permits and inspections for most fence installations. Our team helps guide homeowners through this process so there are no surprises.

    Do I Need a Permit for a Fence in DC?

    Always, except for small repairs deemed general maintanience like replacing a couple pickets or fixing a gate latch. To replace any existing posts in the ground an inspection and permit are needed. 

    The District of Columbia generally requires a permit for:

    • New fence installations

    • Fence replacements that change height, location, or materials

    • Fences over a certain height (commonly 4 feet in front yards, 6 feet in rear/side yards)

    • Fences installed near public alleys, sidewalks, or property lines

    Permits are issued through the DC Department of Buildings (DOB) and zoning compliance may also be required.

    Even when a permit is not required, zoning and historic district rules may still apply.

    New DC Footing Inspection Requirement

    DC regulations now require a footing inspection for many fence projects.

    This means:

    • Fence posts must be set to approved depths

    • Footings must be inspected before concrete is fully poured or covered

    • Installation may require scheduling an inspection during the build process

    This inspection helps ensure fence stability, safety, and compliance with current building standards.

    What this means for homeowners:
    Your fence project may take an extra step in the construction timeline, but it helps prevent future structural issues and costly corrections.

    What We Handle — and What You Handle

    We aim to make the process as smooth as possible while staying within DC requirements.

    Our team typically helps with:

    • Coordinating with DC code requirements

    • Building fences that meet zoning and height regulations

    • Preparing for required inspections during installation

    • Adjusting installation schedules to accommodate inspections

    Homeowners are typically responsible for:

    • Permit application fees

    • Providing property surveys, plats, or HOA approvals if required

    • Confirming property line accuracy

    If you’re unsure what applies to your property, we’re happy to walk through it with you before construction begins.

    Historic Districts & Special Zoning

    If your home is located in:

    • A Historic District

    • Near public or shared right-of-ways

    • A corner lot or alley-adjacent property

    Additional approvals may be required from agencies such as the Historic Preservation Office (HPO) or zoning review boards. These reviews can add time to the process.

    Why Permits and Inspections Matter

    Skipping permits or inspections can lead to:

    • Stop-work orders

    • Fines or penalties

    • Required fence removal or re-installation

    • Issues when selling your home

    Our approach is to do it right the first time, protecting both your investment and your peace of mind.

    Questions About Your Property?

    Every DC property is a little different.

    If you’re planning a fence installation in Washington, DC and aren’t sure:

    • Whether a permit is required

    • If a footing inspection applies

    • How long approval may take

    Contact us at office@potomacfence.com : — we’ll help you understand what to expect before the first post goes in the ground.

  • Why Front Yard Fences in DC Are Complicated

    In Washington, DC, many front yard fences are not located entirely on private property.

    A large number of DC homes have:

    • Front yards that extend into DDOT “Public Space”, or

    • A Building Restriction Line (BRL) located inside the property boundary

    Any fence that is:

    • In public space, or

    • Within the Building Restriction Line (BRL)

    …is regulated by the District Department of Transportation (DDOT)not just DCRA/DOB.

    This applies even if the fence appears to be on your property.

    DDOT Fence Design Requirements (Public Space & BRL Areas)

    DDOT has very specific and strict standards for fences located in public space or within the BRL, including:

    • Maximum height: 42 inches

    • Open design requirement: at least 50% open
      (Examples: picket-style fences, spacing between slats)

    • Solid privacy fences are not permitted

    • Fence style, post spacing, and materials are closely reviewed

    These requirements are non-negotiable and strictly enforced during the permitting process.

    Why Existing Fences Are Often Taller Than What’s Allowed Today

    Many DC properties already have:

    • Older 5’–6’ tall front fences

    • Fences constructed decades ago, before current DDOT standards

    These fences are typically:

    • “Legal nonconforming” (grandfathered)

    • Allowed to remain but not be rebuilt or replaced at the same height

    If a fence is:

    • Removed,

    • Replaced,

    • Or substantially reconstructed,

    DDOT will require full compliance with current regulations, which usually means reducing the height to 42 inches and using an open design.

    As a result, many homeowners choose to keep older fences in place as long as possible.

    Important Warning About Unpermitted Fence Construction

    Some homeowners consider rebuilding taller fences without permits due to these restrictions.

    ⚠️ This carries significant risk, including:

    • Stop Work Orders

    • Notices of Infraction

    • Fines and penalties

    • Being required by the District to remove or modify the fence to meet code

    • Difficulty selling the property later due to open violations

    We strongly discourage unpermitted fence construction in DC.

    Our Approach as a DC Fence Contractor

    We take a permit-first, compliance-focused approach, which means:

    • We help identify whether your fence is:

      • In public space

      • Inside a Building Restriction Line

    • We explain realistic design options that DDOT is likely to approve

    • We submit permits based on current regulations, not assumptions

    • We do not build fences that knowingly violate DDOT rules

    While this can limit height or privacy options in some cases, it protects homeowners from costly enforcement actions and long-term issues.

    What This Means for Your Project

    Before moving forward with a front yard fence in DC:

    • Height, style, and placement may be restricted

    • Existing fence height may not be approvable

    • Permit approval is ultimately up to DDOT, not the contractor

    We believe transparency upfront saves our clients time, money, and frustration later.

  • Montgomery County Is Not One Uniform Jurisdiction

    Montgomery County includes numerous incorporated towns, municipalities, and special taxing districts. These municipalities may have their own permit processes and approval requirements in addition to the County’s permit requirements.

    According to Montgomery County DPS, some municipalities require approval before a County permit can be issued, while others require:

    • a separate municipal permit

    • an approval letter

    • or both municipal and County review

    👉 Homeowners living in these areas must work with their municipality first before Montgomery County will process a fence permit application

    Contact info for municipalities here

    Chevy Chase & Similar Municipal Areas (Very Important)

    The Chevy Chase area includes multiple independent municipalities, each governed separately, including but not limited to:

    • Town of Chevy Chase

    • Chevy Chase Village

    • Village of Chevy Chase (Sections 3 & 5)

    • Village of North Chevy Chase

    • Village of Drummond

    • Martin’s Additions

    • Town of Somerset

    Although these areas may share a “Chevy Chase” mailing address, they do not share the same permitting rules or procedures.

    For properties in these municipalities:

    • Montgomery County will not issue a fence permit until required municipal approvals are obtained

    • Some municipalities issue their own fence permit

    • Others issue an approval letter that must be submitted with the County application Municipalities Page -

    Other Montgomery County Municipalities

    Chevy Chase is not the only area with layered requirements.

    Montgomery County DPS maintains an official list of municipalities that require:

    • City approval prior to County application

    • County approval prior to City application

    • Both City and County approval

    • County permit only

    • City permit only

    Homeowners should verify which category applies to their property before beginning the permit process Municipalities Page - Departmen….

    City of Rockville (Separate & More Strict)

    The City of Rockville has its own permitting authority.

    In Rockville:

    • Fence permits are required for both new fences and replacements

    • This differs from most of Montgomery County, where permits are generally required for:

      • new fence construction

      • or changes to height, material, or location

    Some municipalities within the County may also require municipal permits for fence replacements, even when the County would not.

    Survey Plat Requirements (Strictly Enforced)

    Maryland-Stamped Survey Is Required

    Montgomery County requires a Maryland-stamped survey plat for fence permit applications.

    The survey must:

    • Show the individual property (not the subdivision as a whole)

    • Include:

      • property boundaries

      • house location

      • existing structures

      • proposed fence location

    • Bear the licensed surveyor’s stamp

    ⚠️ The County generally will not accept:

    • subdivision plats

    • unstamped copies

    • neighborhood-level plats

    If You Don’t Have a Survey Plat

    Homeowners who do not have a stamped survey can:

    1. Check deed and settlement paperwork
      Survey plats are often provided at settlement.

    2. Submit a DPS records request
      The permit office may have a prior survey on file from earlier permits.
      DPS Records Request Process

    3. Hire a licensed Maryland land surveyor
      If no record exists, a new survey will be required.

    Types of Survey Services

    Licensed surveyors typically offer two products:

    1️⃣ Survey Plat (Required for Permit)

    • Diagram of property boundaries

    • Linear footage of lot lines

    • House and structure locations
      This document is required for Montgomery County permit submission.

    2️⃣ Staked Survey (Strongly Recommended)

    • Physical stakes placed at property corners and boundaries

    We strongly recommend a staked survey when:

    • Property lines are unclear

    • Lots are tight or irregular

    • Neighbor relationships are sensitive

    Incorrect fence placement may result in:

    • Fence removal or relocation

    • Permit violations

    • Installation delays

    • Neighbor disputes that interrupt work already in progress

    Our Approach in Montgomery County Municipal Areas

    Because of these layered rules, we:

    • Verify whether your property is within an incorporated municipality

    • Confirm whether municipal approval or permitting is required before County submission

    • Review survey documents for permit compliance

    • Follow the proper order of approvals to prevent permit rejection or delays

    Municipal requirements can extend timelines, but addressing them upfront avoids enforcement issues later.

    Contact info for municipalities here