After‑the‑fact fence at Elm prompts code review and possible appeal route change

Residents Kelly and Billy asked the Chesapeake Beach Town Council on Jan. 15 to allow them to complete a decorative wrought‑iron fence around their Elm Street property after receiving a stop‑work order for building without a permit.

Kelly described the family’s safety concerns—children and dogs near a nearby state route—and said the fence was intended to secure the property. "We paid over $800 in fines," Kelly said, seeking council help to resolve the status of the after‑the‑fact permit.

The Public Works Administrator told the council she is the official who approves fences under the town code and that Chapter 110‑1 clearly states, "No fence shall exceed 42 inches in the front yard," which is why she denied the permit and issued a stop‑work. She said some fences located near easements or unusual site configurations may get special review, but in this case the fence was built without a permit and cannot be approved under existing code.

Council members asked procedural questions about the appeal path and timing. Several council members suggested moving fence appeals and discretionary review to Planning & Zoning so an appeal process exists rather than routing appeals directly to the public works administrator and, ultimately, the council. One council member said changing the code would likely take on the order of 60–90 days and may not qualify as an emergency amendment.

The council indicated it would take the matter into closed session for further discussion about options and directed staff to explore whether the code should be revised and how to implement a fair process that avoids creating a precedent for widespread after‑the‑fact approvals.

The council did not reverse the stop‑work or approve completion of the fence at the meeting.