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Permits & rules

Upper Hanover fence permits and the 1-foot setback

Two rules set Upper Hanover apart from its neighbors: a permit for nearly any fence work, and a fence that can't sit right on the line.

Updated · Reviewed by 76 Fence MontCo

Short answer

Upper Hanover Township requires a fence permit from the Zoning Officer whenever a fence or wall is built, replaced or expanded (Zoning §500-814, as amended by Ord. 2025-03 on July 8, 2025). Fences must sit at least 1 ft inside every property line and road right-of-way line. That setback can be reduced or waived only with the written agreement of all abutting owners, filed with the township.

The permit: new, replaced or expanded

The township's fence section opens with the permit rule: a fence permit issued by the Zoning Officer is required whenever a fence or wall is constructed, replaced or expanded. The only exception in the text is a fence already shown on a land development plan approved under the state Municipalities Planning Code. The word "replaced" matters. Swapping out a tired split rail along the road or a rotted stockade behind a ranch house counts, even if the new fence goes in the same holes.

The current text comes from Ord. 2025-03, adopted July 8, 2025. The section's history also lists amendments in 2016 and 2017, and we haven't confirmed exactly which version first added the permit. If you put up a fence before mid-2025 and aren't sure whether it needed a permit at the time, the Zoning Officer is the person to ask. We didn't find the permit fee or application method online; the township office has both.

Note that "fence" here includes a freestanding wall, so a garden wall needs the same permit.

The 1-foot setback, and how to waive it

Fences and freestanding walls must be set back at least 1 ft from all property lines, including road right-of-way lines. Most townships in our area let a fence sit on or right up to the line. Upper Hanover's rule leaves a strip you own outside your fence, which is usually where the fight over who mows it starts.

The township allows the setback to be reduced or waived only with the written agreement of all abutting owners, and a copy has to be filed with the township. If you want the fence on the line, a useful agreement:

  • names every owner of the neighboring parcel and gives both property addresses,
  • says which line the fence will follow and how far from it (0 ft, 6 in, whatever you agree),
  • includes a sketch of the fence run,
  • is signed and dated by everyone, with a copy filed at the township office before the permit is issued.

This is a neighbor agreement, not a deed change, and it doesn't move the property line. If there's any doubt about where the line is, get it surveyed before anyone signs. For anything beyond that, talk to a Pennsylvania real-estate attorney; this page isn't legal advice.

Heights along the road and elsewhere

LocationUpper Hanover limit
Inside the road right-of-wayNot allowed
Within 5 ft of the right-of-way line4 ft
All other locations6 ft, or up to 8 ft if the part above 6 ft is at least 4:1 open
Taller than thatConditional use approval from the Board of Supervisors, which can require a 10 ft or larger setback and landscaping

Zoning §500-814. Fences don't have to meet building setbacks beyond the 1 ft line setback.

The 8 ft option is useful in the Upper Perk, where gardens back onto woods and fields: a 6 ft fence topped with 2 ft of open wire or lattice that meets the 4:1 open ratio. A solid 8 ft fence doesn't qualify.

Other Upper Hanover rules that affect layout

  • The finished side, defined as the side without the structural supports, faces the neighbors.
  • No fence or wall inside a drainage easement, or anywhere it would affect drainage. Drainage paths matter up here: during Ida in 2021, Perkiomen Creek at East Greenville saw its second-highest flow on record.
  • No fence may block sight distance where a street or driveway meets a road.
  • Temporary wire, plastic or lath fence is allowed only as seasonal snow fence or on an active construction site.
  • In Traditional Neighborhood Developments, privacy fencing can't completely enclose a rear yard or patio.

Is your house in Upper Hanover?

Pennsburg, Red Hill and East Greenville are boroughs with their own codes, but the township wraps around them, and many Pennsburg, Red Hill, Palm and East Greenville mailing addresses are in Upper Hanover. Your tax bill names the municipality. We confirm it, mark the 1 ft line from your plot plan, and file the permit before we dig.

Common questions

Does the 1 ft setback apply along the road too?

Yes. The section names road right-of-way lines along with property lines, and within 5 ft of the right-of-way the fence is limited to 4 ft.

Do I need a permit to repair a few boards?

The permit covers construction, replacement and expansion. Ask the Zoning Officer where a repair stops and a replacement starts for your job.

Can one neighbor sign the setback waiver if the lot has two owners?

The code says all abutting owners, so get every owner of record to sign.

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