Residential Deck Permits

When is a Deck Permit Required?

A building permit is required for all decks that are supported by footings regardless of the height above grade.  For decks constructed with stairway illumination or hot tubs, spas, etc., an electrical permit may also be required.

By reviewing plans prior to issuing permits and performing field inspections for construction, alterations and improvements, the Department of Permitting Services (DPS) assists homeowners to comply with the provisions of the law.

Some Regulations that Govern Deck Construction are:

Montgomery County Building Code - The Code incorporates, by reference, the International Residential Code (IRC) for One- and Two-Family Dwellings, 2009 edition, and the National Electric Code (NEC), 2008 edition, with local amendments.

Zoning Requirements - Homeowners should check with the Zoning Section about the yard and other zoning-related requirements. Minimum yard (setback) requirements, as set forth in the County Zoning Ordinance, represent the minimum distance from the property's boundary lines that are required for the location of any deck.

Well & Septic Requirements -  Homeowners should check with the Well & Septic Section about the requirements pertaining to construction on lots served by a septic system or private well. Appropriate clearances from the septic system or well must be maintained.

Covenants and Deed Restrictions - Many of the subdivisions and developments in Montgomery County have private deed restrictions and covenants regulating the construction of decks beyond the limitations contained in County Ordinances. These amount to contractual agreements and thus the County does not enforce covenants and deed restrictions. Should you have questions about your development's restrictions, you may obtain information from your homeowners association, or civic association.

What is the Application Process?

To apply for a building permit, the applicant must submit two sets of the site and construction plans along with a building permit application to the Department of Permitting Services for review. All drawings must be prepared in pen or equal on sheets no smaller than 8½x11 inches. The minimum acceptable scale is ¼ inch = 1 foot.  See the table below for additional details regarding construction plans, site plans and other submittal requirements.