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Town staff recommends moving fence rules into zoning after contested permit and stop‑work order

Chesapeake Beach Town Council · November 13, 2025
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Summary

Public Works and Planning staff recommended transferring fence permitting standards from the building code to the zoning code to give residents an appeal path (Board of Appeals) and reduce single‑officer discretionary decisions; council will hear an October‑dated appeal and was urged to consider ordinance changes.

Public Works and planning staff told council that current fence provisions live in the building code and that the public‑works administrator has limited formal discretion to grant exceptions, leaving some residents with no clear appeal route. Planning staff recommended moving fence regulations to the zoning code so applicants can seek variances or other relief through the Board of Appeals for unique lot configurations.

Councilors noted many existing unpermitted fences in town and questioned enforcement choices; staff indicated one recent stop‑work order (appeal dated Oct. 28) will come before council for decision. Planning & Zoning will be asked to draft fence regulations and materials for a possible code move that would create clearer standards and an appeals pathway.

No final vote was taken, but staff and council agreed to refer fence regulation language to Planning & Zoning and to schedule the pending appeal for a council meeting.