Fences
  • To install a new fence, add additional fence sections or change the location, type or materials of a fence, a permit must be obtained before starting the project.
  • Fence permits are available from Community Development located at 1920 S. Germantown Rd.. The permit fee (subject to change) is $16.
  • There are restrictions on fence height, setbacks from property lines, fencing materials and drainage.
  • Special restrictions apply to a corner lot (a lot adjacent to two or more intersecting streets) and a double frontage lot (lot with frontage on two non-intersecting streets).
  • The more attractive side of a fence must be placed toward the street or to the publicly-viewed exposure.
  • All fences must be maintained in good repair and sound structural condition.
  Code Compliance: 757-7263
New Structures
  • A building permit must be obtained before installing any of the following detached structures regardless of their use, garages, carports, pool houses, gazebos, barns, arbors, wooden decks, green houses, swimming pools, tree houses, play forts, children's play houses, baseball batting cages, playground equipment, ham radio antennas, etc. (List is not all inclusive.)
  • There are restrictions on location, height and size.
  • Permits are processed at Community Development. Permit fees vary depending on type, structure and size.
  Code Compliance: 757-7263
Swimming Pools
  • A permit is required for installation of a swimming pool. Permits are processed through Community Development where the proposed pool project is checked to determine compliance with the zoning ordinance, setback requirements, and accessory items.
  • Special installation requirements apply for properties in the flood fringe. Pools are prohibited in floodway areas.
  • A fence not less than four feet in height must surround the property or pool area. Spacing between the vertical pieces cannot be more than four inches apart so small children cannot use them as a "ladder" to climb over the fence. Self-latching closures on gates must be at least four feet above the ground.
  • An illustration is required for fences with an unusual or peculiar design.
  • The fence and gates must be maintained in good repair at all times to prevent small children or other persons from having a direct, unobstructed entry to the pool. Open gates or missing fence sections are a Code violation.
  • Pool water must be maintained with proper chemicals to prevent the pool from becoming a breeding site for mosquitoes or another health hazard.
  • Pool water containing chemicals must not be drained on ground surfaces or into the City storm sewer system. It must be drained into a sanitary sewer drain.
  • A pool must not be a nuisance to neighbors or the neighborhood.
  Code Compliance: 757-7263
Home Additions
  • If adding a room, garage or carport, enclosing a carport, remodeling to impact load-bearing walls or making other changes in space that will be attached to the existing house, a building permit is required.
  • The permit will be available at the Memphis/Shelby County Office of Construction Code Enforcement, 6465 Mullins Station. Call that office at 385-5196 to determine documentation that is required to apply for the building permit.
  • Germantown's zoning ordinance limits the amount of expansion possible to an existing house.
  • The City's sign ordinance prohibits display on the residential property of any signage bearing or advertising the name of any company contracted to make home improvements.
  Planning Department: 757-7263
Easements and Right of Way
An easement is a strip of land to which the City has permanent and continuing access. It is located within the lot lines of a property and may vary in width. All properties contain utility easements; some may also have drainage/sewer easements.

The right of way (ROW) is a strip of land owned by a city, state or federal government. Typically, it is adjacent to and includes the street. ROW is primarily used for the roadway and essential utilities.

There are limitations on what a property owner may do within an easement or on the right of way. Permanent structures are prohibited and landscaping may be restricted.
  Planning Department: 757-7281
  Environmental Services: 757-7350
Flood Plain
The City of Germantown participates in the Federal Emergency Management Agency (FEMA) flood insurance program. Development is restricted within the designated flood plains of the city.

To determine if property is in a flood plain, call 757-7281.
Covenants
Some residential properties in Germantown are subject to subdivision restrictive covenants. The restrictions are intended to maintain or enhance property values by limiting the use of the property and prohibiting certain uses or practices. They are placed on the property by the developer at the time the subdivision is developed.
  • What a property owner may want to do on a premises may be in compliance with City ordinances but in violation of subdivision covenants. Covenants may cover subject not addressed by City ordinances.
  • Purchase of a property in a subdivision is an ipso facto agreement to comply with any subdivision covenants.
  • Enforcement of covenants is a matter among property owners in the subdivision, typically through an association. The City does not enforce covenant violations unless a City code is also being violated.
  • Restrictions are listed on the subdivision plat and recorded in the Shelby County Register's Office. A copy should be provided to the buyer when the propert is acquired.
  • To obtain a copy of a subdivision's covenants, contact any of the following: homeowner association, Mid-South Title Company or other title company, Shelby County Register's Office or the City engineering department. A minimal fee is usually charged.
  • Always check both ordinances and covenants to avoid violations.