The Maryland permit and HOA guide we wish someone had given us.
Approval is the slowest part of almost every outdoor project — and the part most homeowners underestimate. Here is exactly how it works, and exactly what we handle for you.
We prepare, file and track every permit and HOA submission at no additional charge.
Permits
What needs a permit in Montgomery and Howard County
Rules vary by municipality, so treat this as the general shape of things. We confirm the exact requirements for your address before quoting.
| Project | Permit | Review by | Watch out for |
|---|---|---|---|
| Fence over 6.5 ft | Required | County / municipal | Height is measured from grade on the higher side. |
| Fence 6 ft or under | Varies by municipality | HOA usually still applies | Several incorporated towns permit at any height. |
| Deck attached to house | Required | County + inspection | Footing inspection before pour, final after framing. |
| Deck over 30 in. above grade | Required | County + inspection | Guardrail and stair geometry are inspected. |
| Ground-level paver patio | Usually not required | Stormwater limits may apply | Impervious-surface caps bind on smaller lots. |
| Retaining wall over 4 ft | Required | Engineered drawings | Measured from bottom of footing, not grade. |
| Gas fire feature | Required | Mechanical permit | Gas line must be pressure tested and inspected. |
| Any work in a historic district | Required | Historic Area Work Permit | Adds several weeks; material choices are restricted. |
This guide is general information, not legal advice, and requirements change. We verify current rules with the permitting authority for your specific address on every project.
HOA review
How we get architectural approval on the first submission
Rejections almost always come from an incomplete packet, not a bad design. We submit complete.
- 1
We identify your association and its rules
Every association publishes architectural guidelines. We pull the current version for your community rather than guessing from a neighbor’s approval.
- 2
We design to the approved palette
Height limits, permitted materials, colors, setback from sidewalks, and which side faces the street. Designing inside the rules the first time is far faster than appealing a rejection.
- 3
We assemble the submission packet
Scaled site plan showing the fence or structure line, elevation drawing, manufacturer material specification sheet, color sample, and our certificate of insurance.
- 4
We submit and track it
We file on your behalf and follow up with the committee. If they request a change, we revise and resubmit rather than leaving it on your desk.
- 5
We build only after written approval
We do not break ground on an unapproved design. Associations can and do order unapproved fencing removed at the owner’s expense.
By location
Permit notes for your town
Jurisdiction matters more than you would expect. Find your address below.
Rockville, MD
The City of Rockville issues its own fence and deck permits separately from Montgomery County. We file with whichever authority has jurisdiction over your address.
Bethesda, MD
Much of Bethesda falls under Montgomery County permitting, and several neighborhoods add HOA or historic review. We assemble the full architectural packet as part of the job.
Silver Spring, MD
Silver Spring is unincorporated, so Montgomery County handles permitting. Fences over 6.5 feet and all attached decks require a permit — we file it.
Potomac, MD
Montgomery County permitting applies, and many Potomac communities enforce detailed architectural covenants. We prepare submissions that clear review on the first pass.
Chevy Chase, MD
Individual villages issue their own permits on top of county requirements. We identify the correct jurisdiction for your street before filing.
Gaithersburg, MD
The City of Gaithersburg permits within city limits; Montgomery County covers the rest. We confirm jurisdiction by address.
Germantown, MD
Montgomery County permitting applies, with HOA architectural review on most streets.
Olney, MD
Montgomery County permitting, with environmental buffer review on properties near protected streams.
Kensington, MD
Town of Kensington permits inside town limits; Montgomery County outside. Historic review adds several weeks.
Wheaton, MD
Montgomery County permitting applies throughout Wheaton.
Takoma Park, MD
City of Takoma Park issues fence, deck and tree-impact permits. Expect a longer review window than county-only jobs.
North Bethesda, MD
Montgomery County permitting, with HOA review common in newer developments.
Columbia, MD
Howard County permits plus Columbia Association village architectural approval. Budget 3–6 weeks for review.
Ellicott City, MD
Howard County permitting, plus Historic District Commission review in the Old Ellicott City area.
Clarksville, MD
Howard County permitting, with well and septic setbacks to verify before digging.
Northwest Washington, DC
DCRA/DOB permitting applies, and historic districts add HAWP review. DC turnaround is slower than Maryland — plan additional lead time.
FAQ
Permit and property-line questions
How long does permitting take in Maryland?
Montgomery and Howard County residential fence and deck permits typically take two to four weeks. Historic district review and Columbia Association village approval can push that to six weeks or more. We start the clock the day you sign.
What happens if I build without a permit?
The county can issue a stop-work order, levy fines, and require removal. It also surfaces during a title search when you sell, which can delay or kill a closing. It is not worth it.
Do I need a survey?
Not always, but we strongly recommend locating your property pins before replacing any fence that predates your ownership. Old fences are frequently a foot or more off the actual line, and rebuilding on the wrong line creates a real dispute.
Which side of the fence faces my neighbor?
Most Maryland jurisdictions and nearly all HOAs require the finished side to face outward. Board-on-board and shadowbox construction look identical from both sides, which sidesteps the question entirely.
Who calls Miss Utility?
We do, on every job, before any digging. Marking is free and legally required. We schedule it as part of our pre-construction checklist.
Do you charge extra for handling permits?
No. Permit preparation, filing and HOA submission are included in our proposal price. Third-party government filing fees are passed through at cost with the receipt attached.
Let us handle the paperwork.
Permit prep, county filing and HOA architectural submission are included on every A-1 Fencing project.
We reply to every estimate request within one business day. Permits and HOA paperwork included at no extra charge.