What Can You Build Without a Permit in Maryland? (2026)
The 30-second answer for Maryland
In Maryland, the projects you can usually build without a building permit are a small detached shed, a short freestanding deck, a fence under the height cap, a low retaining wall, and cosmetic interior work. The exact limits Maryland enforces are in the table below — and your city can be stricter than the state. The catch every homeowner needs to hear: even when no permit is required, the building code, zoning setbacks, and any HOA rules still apply. Permit-exempt means the paperwork is waived, not the rules.
How Maryland sets the rules
Maryland has no single statewide permit office. The Maryland Building Performance Standards (MBPS) adopt the International Residential Code (IRC) as the statewide floor, and each county and municipality enforces the code and may amend it. The current statewide edition is the 2021 I-codes, final effective May 29, 2023. Because permit exemptions are set and amended locally, thresholds vary widely between jurisdictions.
Permit-exempt limits in Maryland
These are the thresholds we verified for Maryland. Treat each one as the most you can usually do without pulling a permit — a stricter city amendment always wins.
| Project | Maryland permit-exempt limit |
|---|---|
| Detached shed / accessory building | Statewide baseline follows 2021 IRC R105.2: a one-story detached accessory structure (shed) 200 sq ft or less needs no building permit. But this is enforced locally and major jurisdictions are stricter. Montgomery County requires a building permit for EVERY shed regardless of size; Baltimore City's adopted code (BFRCBC 2020) exempts accessory sheds up to 120 sq ft. Zoning/setback approval is always separate. Confirm with your county. |
| Deck | Statewide baseline follows 2021 IRC R105.2: a deck is exempt only if it is 200 sq ft or less, no more than 30 inches above grade at any point, freestanding (not attached to the dwelling), and does not serve the required exit door. Both Montgomery County and Baltimore City deviate and require a building permit for every deck, with no size exemption. |
| Fence | Statewide baseline (2021 IRC R105.2) exempts fences up to 7 feet high from a building permit, though a zoning permit and setback rules can still apply. Locally stricter: Montgomery County requires a permit to build a new fence (only same-location, same-height replacement of a previously permitted fence is exempt), and Baltimore City did NOT adopt the fence exemption (Sec. 105.2 item 2 'Not Adopted'), so a permit is required. |
| Retaining wall | Statewide baseline (2021 IRC R105.2) exempts retaining walls not over 4 feet (48 inches) measured from the bottom of the footing to the top of the wall, provided the wall supports no surcharge. Montgomery County follows this 48-inch rule explicitly. Baltimore City did NOT adopt the retaining-wall exemption (Sec. 105.2 item 4 'Not Adopted'), so a permit is required for any retaining wall in the city. |
| Patio (on grade) | An at-grade patio (on-grade slab or pavers) generally needs no building permit. Montgomery County explicitly lists Patios and Private walkways as no-permit items. Baltimore City did NOT adopt the IBC exemption for sidewalks/driveways/slabs within 30 inches of grade (Sec. 105.2 item 6 'Not Adopted'), so confirm before pouring in the city. Grading, drainage, zoning, and Chesapeake Bay Critical Area rules can still apply anywhere. |
Baseline: 2021 International Residential Code, Section R105.2. See the national project-by-project guide for how each threshold works.
Can you do the work yourself in Maryland?
Yes. A Maryland homeowner may pull the permit and do the work themselves on their own home. The Maryland Home Improvement Commission (MHIC) license requirement applies to CONTRACTORS who contract with homeowners, not to owners working on their own residence. Jurisdictions typically require the owner to sign an owner/contractor affidavit accepting responsibility for code compliance, and for owner-performed electrical work you generally must prove you reside in the home.
What's different about Maryland
No statewide permit office — every jurisdiction sets its own exemptions
MBPS adopts the 2021 IRC as a statewide floor, but there is no state building department issuing permits. All 24 counties plus municipalities each enforce and amend the code, so a shed or fence that is exempt in one county can require a permit next door. Always verify with the local building department, not just the statewide IRC.
Montgomery County permits nearly everything
The county's homeowner guide places sheds, decks, and fences on the Permits Required list with no size exemption — every shed and every deck needs a permit, and any new fence needs one too. Only patios, private walkways, retaining walls up to 48 inches, and prefab pools under 18 inches deep are listed as no-permit.
Baltimore City stripped out the IBC/IRC exemptions
Baltimore's adopted Building Code (BFRCBC 2020) marks the fence (item 2), retaining-wall (item 4), and sidewalk/slab-within-30-inches (item 6) exemptions as Not Adopted, so those need permits even though the statewide IRC would exempt them. Decks also require a permit; only accessory sheds up to 120 sq ft are exempt.
"Permit-exempt" does not mean rule-free
I spent 25 years as a firefighter before I built PermitDeck, so let me be blunt about the part that gets people hurt. "No permit" never means "no rules." When a project is exempt in Maryland, three things are still true — and now you are the one responsible for them, because no inspector is coming to check:
- Building code still applies. An exempt deck in Maryland still has to meet the structural rules of IRC R507 — real footings, a proper ledger, and guards. A shed still has to carry your local snow and wind load. The code does not care whether a permit was pulled.
- Zoning and setbacks still apply. Exempt does not mean you can put it anywhere. Setbacks from property lines, easements, lot-coverage caps, and corner-lot sight lines all still bind you — and a neighbor complaint can force you to move it.
- HOA rules are separate. Your HOA architectural review is a private contract, not a government permit. You can be fully permit-exempt with your city and still be forced by your HOA to tear something out.
The big Maryland cities
Permits are pulled locally, so your city's building department has the final word. Here are the two largest, with a link straight to their office.
Baltimore (City)
Baltimore City's adopted Building Code (BFRCBC 2020, Section 105.2) did NOT adopt the fence (item 2), retaining-wall (item 4), or sidewalk/slab-within-30-inches (item 6) exemptions, so those require a permit; decks require a permit too. Small one-story accessory sheds are exempt as in the IBC (up to 120 sq ft). Apply via the E-Permits (Accela) portal.
Baltimore (City) building departmentMontgomery County
Montgomery County (DPS) requires a building permit for sheds, decks, and new fences regardless of size; only same-location/same-height replacement of a previously permitted fence is exempt. No-permit items include patios, private walkways, retaining walls up to 48 inches, and prefabricated pools less than 18 inches deep. Chesapeake Bay Critical Area review can still apply.
Montgomery County building departmentTurns out you do need a permit? We'll match you with pros who pull it
If your project crosses one of these Marylandthresholds, the cleanest path is to hire a licensed pro who pulls the permit in their own name and stands behind the inspection. Tell us the project once and we'll send it to up to three verified local pros. It's free, it's capped at three, and we never sell your information — the opposite of the lead-farm sites.
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What happens if you needed a permit and skipped it
Guessing wrong on the exemption is not a small risk. The common outcomes are a stop-work order, a fine (often double the normal permit fee), and being ordered to open finished work back up for inspection or tear it out. The expensive part usually lands later: unpermitted work routinely kills a home saleat the buyer's inspection, and an insurance claim can be denied if the damage traces back to unpermitted construction. Most jurisdictions do allow a retroactive (after-the-fact) permit — it costs more, but it clears the record.
Full detail: what happens if you build without a permit and how to get a building permit.
Maryland permit-exemption FAQs
Do I need a permit to build a shed in Maryland?
It depends on your county. Under Maryland statewide code (2021 IRC), a detached shed up to 200 square feet needs no building permit, but jurisdictions override this. Montgomery County requires a permit for every shed regardless of size, and Baltimore City exempts only accessory structures up to 120 square feet. Zoning and setback approval is always separate.
Can I build a deck without a permit in Maryland?
Rarely, and only with conditions. Maryland 2021 IRC exempts a deck only if it is 200 square feet or less, no more than 30 inches above grade, freestanding (not attached to the house), and does not serve the required exit door. Both Montgomery County and Baltimore City go further and require a building permit for every deck, whatever its size.
Do I need a permit for a fence in Maryland?
For a building permit, the statewide 2021 IRC exempts fences up to 7 feet tall, though a zoning permit and setback rules can still apply. Locally it is stricter: Montgomery County requires a permit to build a new fence, and Baltimore City did not adopt the fence exemption at all, so a permit is required in the city.
Can a homeowner pull their own building permit in Maryland?
Yes. Maryland lets a homeowner pull the permit and do the work on their own home. The Maryland Home Improvement Commission (MHIC) license applies to contractors hired by homeowners, not to owners working on their own residence. You typically sign an owner-contractor affidavit accepting code responsibility, and for electrical work a jurisdiction may require proof you live there.
Sources we verified against
- Maryland Dept. of Labor — Building Codes Administration (MBPS overview)
- American Wood Council — Maryland code adoption (2021 I-codes, effective May 29, 2023)
- Montgomery County DPS — Permits Required / No Permits Required homeowner guide
- Baltimore City Building Code (BFRCBC) Sec. 105.2 — Work exempt from permit
- Maryland Home Improvement Commission (MHIC) — About Permits
Every threshold on this page is anchored to Maryland's building code or the sources listed above. Where a number varies by city and we could not verify it, we say "verify locally" rather than guess — a permit page you cannot trust is worse than no page at all.
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