Every new fence needs a fence permit before it is installed. The regulations for fences are in the City’s zoning provisions in the Land Management Code. The following is information on typical fence requirements. Where this summary of the ordinance may be found to conflict with the language of the ordinance, the ordinance language is the final answer. There may be unique issues associated with a lot which might involve special requirements or conditions and if they apply it will be brought out during the permit review process.

Standards for Fences on Residential Lots and Residential Uses in Mixed-Use Districts

1. Front yard fences – Limited to up to four feet in height and they must be open construction, such as picket or decorative metal. To be considered open construction, the space between the pickets must be at least one inch wide or half the width of the picket, whichever is greater. Chain link and wire fences are prohibited in front yards.
2. Side and rear yard fences
   1. Lots that abut only one street – Wood, vinyl, or decorative metal fences may be up to six feet tall on side and rear property lines up to the front corner of the dwelling unit.
   2. Lots which abut two or more streets – Wood, vinyl or decorative metal fences may be up to six foot tall on the side yards and rear yards facing the street provided those streets are not arterial or major collector streets. If those side or rear facing streets are arterial or major collector streets, the front yard fence rules apply in the yard adjoining those street types.
3. Chain link fences – Prohibited within 25 feet of a street right-of-way in residential districts. Chain link is prohibited within front yards. For side yards and rear yards which do not front a street, chain link may be up to four feet tall in a side yard and up to five feet tall in a rear yard.
4. Barbed wire fences – Such fences are prohibited.
5. Fence materials – Fences shall be constructed of materials specifically designed and manufactured for fencing purposes.
6. Finished side of the fence – The finished side of the fence shall face outwards towards surrounding public street rights-of-way, public parks, and public school properties. In all other conditions, the finished side may face inwards to the property.
7. Lots containing utility or drainage easements – Special rules or conditions may apply to fences in those areas. For example, fences are not allowed in the drainage easement along Hager’s Crossing Drive east of the traffic circle in the Hager’s Crossing subdivision. The deed for the lot would show if any easements are located on the lot.
8. Visibility at Intersections – Fences and shrubs may not exceed three feet in height within a prescribed area close to the intersection to prevent obstruction of visibility for drivers. The area where fences must be kept low is within a triangle formed by the following measurements: follow the property lines to where they meet at the corner; measure back 25 feet in each direction; connect two end points to create a triangle.
9. Residential lots adjoining CG, CR, POM, INST or I-MU districts – A wood, vinyl, or decorative metal fence in a side or rear yard adjoining such districts, or adjoining non-conforming uses typically permitted in those districts, may be up to eight feet tall.
10. Residential lots adjoining IR and IG districts – A wood, vinyl or decorative metal fence in a side or rear yard adjoining such districts, or adjoining non-conforming uses typically permitted in those districts, may be up to ten feet tall.
11. Retaining walls and safety fences
    1. Retaining walls – Retaining walls facing away from the property up to 24-48 inches tall must be setback at least three feet from the property line. Retaining walls facing away from the property over 48 inches tall must be setback at least six feet from the property line. This requirement does not apply on properties developed with single-family detached homes, duplexes (two-family home on single lot), and semi-detached homes (subdivided duplex).
    2. Safety railings on Retaining walls – As required by the Building Code.
12. Properties in Historic Districts and Landmark Properties – Fences must be approved by the Historic District Commission before a fence permit may be issued.

Standards for Fences on Commercial and Industrial Properties 

1. Commercial Districts –
   1. Front yard fences are not permitted.
   2. Fences in side and rear yards may be up to eight feet tall.
   3. Barbed wire fences are prohibited.
   4. If the property adjoins a residential district, a ten foot landscape buffer is required along the property line on the outside of the fence.
2. Commercial and Industrial Uses in CC-MU and N-MU Districts –
   1. Front yard fences are not permitted.
   2. Fences in side yards and rear yards may be up to eight feet tall.
   3. Barbed wire fences are prohibited.
   4. If the property adjoins a residential district, a ten foot landscape buffer is required along the property line on the outside of the fence.
   5. If the property adjoins a public street, a ten foot landscape buffer is required along the property line on the outside of the fence.
3. Industrial Districts –
   1. Fences may be up to ten feet tall in front, side and rear yards.
   2. If the property adjoins a residential district, a ten foot landscape buffer is required along the property line on the outside of the fence.
   3. If the property adjoins a public street, a ten foot landscape buffer is required along the property line on the outside of the fence.
   4. Barbed wire is allowed on top of six foot tall or higher fences, but not when adjacent to residential, CC-MU, N-MU, or commercial districts.
4. Fence materials – Fences shall be constructed of materials specifically designed and manufactured for fencing purposes.
5. Finished side of the fence – The finished side of the fence shall face outwards towards surrounding public street rights-of-way, public parks, and public school properties. In all other conditions, the finished side may face inwards to the property.
6. Lots containing utility or drainage easements – Special rules or conditions may apply to fences in those areas. The deed for the lot would show if any easements are located on the lot.
7. Visibility at Intersections – Fences may not exceed three feet in height within a prescribed area close to the intersection to prevent obstruction of visibility for drivers. The area where fences must be kept low is within a triangle formed by the following measurements: follow curb lines to where they meet in the street; measure back 25 feet; connect two end points to create a triangle.
8. Retaining walls and safety fences –
   1. Retaining walls – Retaining walls facing away from the property up to 24-48 inches tall must be setback at least three feet from the property line. Retaining walls facing away from the property over 48 inches tall must be setback at least six feet from the property line.
   2. Safety railing on Retaining Walls – As required by the Building Code.
9. Properties in Historic Districts and Landmark Properties – Fences must be approved by the Historic District Commission before a fence permit may be issued.
10. Opaque Fences required as screening – Where opaque fences are required by the ordinance as a requirement of a specific land use, the use of slats in chain link fences or cloth mesh do not qualify as creating an opaque surface.

Fence Permit Application

Application – Property owners and tenants desiring to install a fence meeting the above standards, must submit a fence permit application to the Planning Office, One E. Franklin Street, Room 300, Hagerstown, MD 21740. A tenant must have the property owner’s permission for the fence permit. This can be by way of signing the application form or providing a letter of consent. Fence permits are typically approved within five to seven business days of receipt of a completed application.

Fence Residential

Fence Nonresidential

Attachment – The application must include a drawing of the property showing the intended location of the fence. The property deed drawing for residential lots or site plan for all other development is best. A copy of the tax map for the parcel might also be suitable for this requirement.

Fee – The application must also include the fence permit fee. The fee is $45 for single-family, two-family and townhouse lots and $150 for all other fence permits.

Submittal Online and Payment Online 

You can email the application materials to planning@hagerstownmd.org. Once City staff enter the application into the permitting software, staff will send an email with online payment information.

Thank you for your plans to improve your property in Hagerstown!