The short version: an attached deck always needs a permit, and so does replacing a deck, its railings or its structure. Replacing only the deck boards does not. A small, low, freestanding deck may not need one, but only away from the water. Plan on three inspections and build to the county's deck guide.
1. Do you need a permit?
Attached decks need a permit. A deck that touches the house or sits within 3 feet of it counts as attached. Rebuilding a deck, its railings or its framing needs a permit. Replacing deck boards only does not. A freestanding deck under 200 square feet and under 3 feet high may not need one, but only if the lot is outside the Critical Area and outside the Bog Contribution Drainage Area. When in doubt, ask the permit center before you build.
2. What to submit
File online through the county's Land Use Navigator. A deck application includes construction plans drawn to scale, a scaled site plan showing property lines, easements, rights of way and any well, septic system or grinder pump, a Standard Grading Plan, and a Critical Area worksheet if you are within 1,000 feet of tidal water. The county's Deck Construction Guide includes footing, post, beam and joist tables you can fill in and attach.
3. What inspectors check
The county builds to the 2021 International Residential Code. Highlights from its deck guide and code pages:
Footings at least 30 inches deep (the county's frost depth) for attached decks, on undisturbed soil. Ledger at least a treated 2x8, flashed, and fastened with half-inch lags or bolts (no nails); it can't hang on brick or stone veneer, a chimney, an overhang or a bay window, and the deck needs lateral-load hold-downs. Guards at least 36 inches high wherever the deck is more than 30 inches above grade, with no more than 4 inches between pickets. Stairs with risers no taller than 7¾ inches, treads at least 10 inches deep and handrails 34 to 38 inches high. Decks must be at least 30 feet from a well, and the county won't approve a deck for a future hot tub. Call Miss Utility (811 or 1-800-257-7777) before digging.
There are three inspections, footings, framing and final, scheduled through the Land Use Navigator or at (410) 222-4432.
4. What it costs
| Estimated cost of the work | Permit fee |
|---|---|
| Up to $3,000 | $86 |
| $3,001 to $5,000 | $103 |
| $5,001 to $10,000 | $147 |
| $10,001 to $15,000 | $164 |
| $15,001 to $20,000 | $198 |
| $20,001 to $25,000 | $242 |
| Over $25,000 | $242 + 1% of the amount over $25,000 |
Add a $43 non-refundable application fee. A missed inspection costs $150, and a permit expires if work doesn't start within a year.
5. Setbacks and the Critical Area
The county treats an attached deck as an addition to the house, so it must meet the setbacks for the house in your zoning district. Near the water, lot coverage matters too: impermeable decks, and the ground under stairs, count as lot coverage, while state law excludes a permeable deck. Ask the county how your deck design will be counted before you finalize it; our Critical Area guide explains the limits.
6. Inside Annapolis city limits
The City of Annapolis issues its own permits, and in the historic district every exterior project, even one exempt from a building permit, needs a Certificate of Approval from the Historic Preservation Commission. See our Annapolis historic district guide.
