The fifth episode of the Montgomery County Department of Permitting Services (DPS) Podcast, “Urban Farming, Fences, Paving and Zoning,” features useful information for residents who are looking for details about urban farming, putting up a fence and/or paving part of their front yard. The podcast, which is now available, also addresses backyard chickens that are not necessarily on farms.
The podcast is hosted by DPS Customer Support and Outreach Division Chief Gail Lucas, who welcomes DPS Code Compliance Section Manager Greg Nichols to discuss these zoning topics. Both Lucas and Nichols have worked at DPS for more than 20 years.
The new episode is available on the DPS website and on podcast platforms including Amazon, Apple and Spotify. It also is available at https://permittingservicespodcast.buzzsprout.com/. Subscribe to the podcast by tapping the “plus” or “follow” sign on the podcast provider’s platform.
Nichols said the summer is a busy time of the year for his staff as many homeowners are embarking on home improvement projects outside in their yards. He said this may lead to their neighbors calling DPS to find out if the work is permitted.
Division Chief Lucas said her staff often gets questions about backyard chickens. To address that issue, Nichols said it is important to know the difference between farming and urban farming, which are both defined in the Zoning Ordinance.
“There are two definitions of farming in our zoning ordinance,” said Nichols. “Farming, by definition, is a very inclusive activity. Believe it or not, it is completely legal, permitted by right obviously in the Agricultural Reserve zones and all single-family residential properties. All single-family home lots, no matter how big they are, are allowed to do farming. There are provisions, however, as far as animals being kept that prohibit a lot of the smaller properties from engaging. Urban farming means the cultivation of fruits, vegetables, flowers and ornamental plants, as well as the limited keeping and raising of fowl or bees and the practice of aquaculture.”
Another important thing to know, said Nichols, is that the Zoning Ordinance regulates the placement of chicken coops. According to Nichols, a chicken coop, also known to DPS as an accessory structure, must be in the rear yard, a minimum of 25 feet from a lot line and a minimum of 100 feet from a dwelling on another lot.
Fences are another topic about which the permitting team receives a lot of questions.
Nichols said DPS staff have already issued more than 1,100 fence permits this year.
“We make it fairly easy to get a fence permit,” said Nichols. “We don’t require surveys. We do require a site plan, and the plan should note exactly where the fence is going to be on the property.”
For those considering paving over part of their front yard for parking, Nichols said it important to know your zone in order to determine the regulations. He said MC Atlas is a resource in addition to the Zoning Ordinance. Nichols said if homeowners have questions or do not know it is important to call MC 311 to get connected with DPS staff.
Previous podcast episodes have covered building safety, deck permits, fire prevention tips and commercial building trends, and what business owners need to know about use and occupancy certificates.
Listeners are encouraged to send questions and ideas for future podcast episodes to dps.podcast@montgomerycountymd.gov.
For more information about the DPS Zoning and Code Compliance division and the Zoning Ordinance, visit the DPS website.
The Department of Permitting Services is located at 2425 Reedie Drive, 7th Floor in Wheaton. The customer service lobby is open from 7:30 a.m.-4 p.m., Monday-Friday. Appointments are not required to get in-person assistance. Customers may also reach out to DPS staff by calling MC 311 or 240-777-0311.
