Short answer
You can apply, but approval isn't a given. In 2021 Upper Merion's Zoning Hearing Board unanimously denied an 8-ft deer fence, finding that keeping deer out was a personal preference, not a legal hardship. In 2019 a Huntingdon Valley homeowner asked Lower Moreland's board for an 8-ft deer fence, citing Lyme disease. First check whether your code already allows taller see-through fencing; in Lansdale it does. This isn't legal advice.
Variance or special exception?
They aren't the same thing. A variance asks the Zoning Hearing Board to excuse you from a rule in the ordinance. A special exception is a use the ordinance already allows, if the board approves it after a hearing. Which one you need depends on how your township wrote its fence rule:
- Abington's building code bars fences over 6 ft, other than open wire fences and retaining walls, unless the Zoning Hearing Board grants a special exception after a public hearing (§ 3311.4).
- Upper Gwynedd allows 6 ft 6 in in residential yards; anything taller needs a special exception.
- Where a code simply caps height with no exception path, as Upper Merion's did at 6 ft, the request is a variance.
Two local deer fence cases
Upper Merion, 2021: denied
Upper Merion is in Montgomery County but outside our service area. Its Zoning Hearing Board heard a request for an 8-ft ornamental steel deer fence where 6 ft was the maximum, and denied it unanimously. The written decision found that keeping deer out is a personal preference, not a legal hardship.
Lower Moreland, 2019: requested
In November 2019, a homeowner on Inverness Lane in Huntingdon Valley appeared before Lower Moreland's Zoning Hearing Board (Appeal 19-14) asking for a variance to build an 8-ft deer fence around the front, side and rear yards, citing Lyme disease. Our research found the legal notice but not the board's decision, so we can't tell you how it came out.
Check whether you need relief at all
| Municipality | What the code allows without a hearing |
|---|---|
| Lansdale Borough | Up to 8 ft total, if the part above 6 ft is not opaque |
| Horsham Township | Up to 6.5 ft in side and rear yards; over 6 ft must be at least 50% open |
| Upper Gwynedd Township | Up to 6 ft 6 in |
| Abington Township | 6 ft, but the building code text excepts open wire fences; confirm with the township |
| Whitpain Township (Blue Bell) | Not verified by us; confirm with the township |
| Lower Moreland Township | Main height table (Table 5-2.4) couldn't be read. A 2026 amendment (Ord. 792) allows a fully enclosed fence up to 5 ft in the street-facing yard of a corner lot that doesn't face the front door. Fences over 3 ft need a permit. |
Checked October 2026 from the cited code. Codes change; we confirm with the zoning office before every install.
If you decide to apply
- Talk to the zoning officer first. Ask whether the request is a variance or a special exception, and what the board will want to see.
- Read past decisions. Upper Merion's 2021 decision is public and spells out the board's reasoning.
- Bring a dimensioned site plan, the exact fence product and photos. A see-through welded-wire or aluminum design reads very differently from an 8-ft solid wall.
- Talk to your neighbors before the hearing; hearings are publicly advertised, as the Lower Moreland notice shows.
- Consider a Pennsylvania land-use attorney. We can't predict how a board will rule, and this page isn't legal advice.
Lower Moreland's fee schedule shows what the permit side costs once you're cleared to build: $35 for the first $1,000 of project cost plus $10 for each additional $1,000. Your Zoning Hearing Board application has its own fee.
We can supply a scaled drawing and product sheets for your hearing packet, and build to whatever height the board approves, or to the code limit if it doesn't.
Common questions
Does Lyme disease count as a hardship?
We can't tell you. The Upper Merion board treated deer exclusion as personal preference. Whether a health argument changes that is a question for a Pennsylvania land-use attorney.
Can I build 6 ft now and add height later?
Possibly, if you plan for it, but don't install extra-tall posts before you're approved. Ask the zoning officer whether posts above the panels count toward the height limit.
What about just fencing my vegetable garden?
A smaller enclosure often avoids the question. See how tall a deer fence needs to be.