
The short answer: it depends on exactly where you live — and in this area, the rules vary more than most people expect.
Whether you’re replacing a storm-damaged fence or starting fresh, the question of permits is one of the first things you need to answer. If you’re planning a new project, our fence installation services can help you get started the right way.
Here’s what you actually need to know for the communities we serve.
New Caney: Unincorporated Montgomery County Rules Apply
New Caney is an unincorporated community in Montgomery County — meaning it has no city government of its own. There is no “City of New Caney” building department. Instead, your fence project falls under Montgomery County’s jurisdiction.
The good news for most New Caney homeowners: the county does not require a building permit for standard residential fences. However, there’s one major exception that catches many local homeowners off guard:
If your property is in or near a floodplain, different rules apply. Montgomery County updated its floodplain regulations in October 2025, and any development — including fences — on a property with floodplain on it now requires a permit through the Montgomery County Permitting Office. Given that much of this area sits near Caney Creek and other low-lying drainage corridors, this affects more properties than you might think.
What to do: Look up your property on FEMA’s flood map (msc.fema.gov) or call the Montgomery County Permit Office at (936) 539-7815 before breaking ground.
Don’t forget your HOA. Many New Caney subdivisions have deed restrictions that require HOA approval before any fence work begins. Even if the county doesn’t require a permit, your HOA might require a formal application, scaled drawings, and approval — which can take up to 30 days. Always check with your HOA first.
If you’re planning a wood privacy fence or another residential style, make sure the design fits both county rules and your neighborhood guidelines.
Kingwood: It’s Houston, and Your HOA Is the Real Gatekeeper
This surprises many people: Kingwood is not its own city. It was annexed by the City of Houston in 1996, so it operates under Houston’s building codes.
The official City of Houston rule is straightforward: no building permit is required for a residential fence under 8 feet tall, unless it is constructed of masonry or concrete, or is electrically energized. A standard 6-foot wood privacy fence in Kingwood does not require a city permit.
But here’s the important Kingwood wrinkle: nearly every home in Kingwood is part of one of its 25 villages, each governed by its own HOA. For most Kingwood homeowners, the HOA’s requirements are far more involved than the city’s. Common HOA rules across Kingwood villages include:
- Maximum height of 6 feet for backyard fences
- Chain link fences are prohibited in most villages
- No barbed wire or electrically charged materials
- Finished side must face outward
- Pre-approval required before any work begins, often including scaled drawings and material specs
Floodplain note: Kingwood experienced significant flooding during Hurricane Harvey. If your property is in a FEMA-designated “A” or “V” zone floodplain in Harris County, a floodplain development permit is required regardless of fence height or material.
Bottom line for Kingwood: You likely don’t need a city permit — but you almost certainly need HOA approval, and you may need a floodplain permit. Start with your village HOA. If you need help choosing a fence that fits your rules, our services page covers residential fence options, repairs, and gate solutions.
Conroe: A Building Permit Is Required
The City of Conroe operates its own building department and requires permits for fence construction within city limits.
As of December 2025, Conroe moved all permit applications to its new OpenGov online portal. You can apply at the city’s permitting page, and fees are calculated based on the scope of the project once you enter the details.
Key things to know for Conroe fence projects:
- A building permit is required for new fence installation within city limits
- Plan review for residential projects is typically faster than commercial, but allow time for the process
- Some neighborhoods in Conroe have HOA deed restrictions on top of city requirements (the Longwood subdivision, for example, prohibits chain link and wood fences entirely, requiring brick or wrought iron)
- Properties near floodplains have additional requirements
To apply: Visit cityofconroe.org or call the permit office at (936) 522-3610. Business hours are Monday–Thursday 7:30 a.m.–5:00 p.m. and Friday 8:00 a.m.–4:30 p.m.
If you’re getting ready for a new project, our fence installation services can help you plan around the permit process from the start.
The One Rule That Applies Everywhere: Call 811 Before You Dig

Regardless of which jurisdiction you’re in, Texas law requires you to contact Texas 811 at least 48 hours before any digging. This gets underground utility lines marked so you don’t accidentally cut a gas, water, or electrical line when setting fence posts. It’s free, it’s required, and it can save your life.
A Quick Reference Summary
|
Location |
City Permit Required? |
Key Consideration |
|
New Caney |
No (unincorporated county) |
Floodplain permit may apply; check HOA |
|
Kingwood |
No (under 8 ft, non-masonry) |
HOA approval almost always required |
|
Conroe (city limits) |
Yes |
Apply via OpenGov portal |
|
Harris County (unincorporated) |
No |
Floodplain permit required in flood zones |
We Handle This Every Day
Navigating permits, HOA approvals, and floodplain requirements is part of the job when you’ve been building fences in this area since 1973. We know which neighborhoods have strict HOA rules, where the floodplain lines run, and how to get your project started without surprises.
Ready to get started? Request a free estimate and we’ll walk you through everything before a single post goes in the ground.
Information current as of 2026. Permit requirements can change — always verify with your local jurisdiction before beginning work. New Caney Fence serves New Caney, Kingwood, Conroe, Porter, Humble, and surrounding communities in Montgomery and Harris County.
