A Guide to Maryland Fence Laws
Maryland state does not have specific laws regulating fences, leaving fencing regulations up to the discretion of local cities and counties.
Written by Kathryn Mae Kurlychek
Reviewed by Melanie Reiff
More often than not, people don’t have to think about their fences or the laws associated with them. However, if you or your neighbor is looking to build a fence, understanding your local fence laws can help you avoid unintended conflict.
Backyards are a point of pride for many homeowners and impeding on your neighbor’s space can cause unnecessary issues, especially if they don’t agree with what you’re doing!
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What are the property line and fence laws in Maryland?
In Maryland, there are no specific rules regulating fences.
Maryland heeds the precedent of common fence laws, which assert that any fence constructed along a shared property boundary is the responsibility of both landowners.
If you share a fence with a neighbor, you’ll also share the responsibility of maintaining that structure.
Even so, if your neighbor hasn’t agreed to build or share a fence with you, you can’t force them. A fence that’s built and only used by one landowner becomes the sole property and responsibility of that person.
Key Takeaway Maryland doesn’t have strict regulations regarding fences, but some cities and counties have additional regulations.
Does Maryland law require fences?
Generally speaking, Maryland law doesn’t require fences except for around pools.
Pool laws
All public and private pools must be fully enclosed by a fence or partition and are subject to the 2012 International Building Code standard.
Public pool fences are required to be at least six feet high, but for private residences, the minimum is only four feet.
The pool fence itself must meet several additional criteria, including:
- Having a latched entrance gate
- No opening that are four inches or larger in diameter (this is so that the fences can’t be climbed if the gate is locked)
Since building codes are regulated at the local, district, and county levels, it’s best to check with your
local government or planning department
. How to legally build a fence in Maryland
In most places across the state, a permit is required to construct a new fence. Fence laws are regulated at a local level in Maryland, meaning different counties may be subject to different fencing laws and requirements.
Each city sets its own local rules and ordinances for fence regulations as well as handling fence and property line disputes. Nonetheless, there are a few general laws that span the state worth noting:
Tree laws
Trees or shrubbery planted near property lines must be properly maintained. If your trees or plants are dropping branches or extending roots into a neighbor's yard, you may be responsible for covering any damages.
If you find that your neighbor’s trees are extending into your property, you also have the right to trim them back to the property line.
If trees or shrubbery are planted directly along property lines, they are considered shared property.
Spite fences
In Maryland, spite fences are prohibited under nuisance law regulations.
A spite fence is considered a fence or structure built out of malice. If you were to build a fence with the intent to harm or damage your neighbor’s property or property value, that would be a spite fence.
As with other fence laws in Maryland, local ordinances and zoning codes govern spite fences.
Does homeowners insurance cover fences?
Most homeowner’s policies will ensure your fence for up to 10% of your home’s coverage limit.
If your fence is vandalized or damaged in a weather event, your homeowners insurance may cover some or all of the costs associated with repairs. However, if your fence is simply old or has experienced some wear and tear, the costs to maintain it usually won’t be included under your insurance policy.
Key Takeaway Your home insurance policy can cover the costs of repairing a fence if the circumstances are covered perils in your policy.
How to save money on homeowners insurance in Maryland
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FAQs
Do I need a permit to build a fence in Maryland?
Yes. Most cities and counties in Maryland require you to obtain a permit before constructing a fence. However, some areas may not if the fence is under four feet.
Can my neighbor make me pay for a fence in Maryland?
Yes, but only if the fence is along a common property line and both landowners benefit from it. At that point, they share the responsibility of paying for fence maintenance and repair.
Can I build an 8-foot fence in Maryland?
No. The maximum height for fences in Maryland is six feet. You will need a variance or special exception to construct a taller fence.
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