Fence laws in Paterson, New Jersey
What the Paterson municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Paterson sets no rule of its own, the New Jersey rule is shown in its place and marked as such.
Fence laws in Paterson, New Jersey, question by question
The short version
- Who pays on the line
- Paterson states no setback for a fence from a lot line, and the answer turns on what the two sides of the line are used for. The figure is 0 feet, for setback from a lot line.
- How tall
- Paterson holds a fence to four feet in a front yard and six feet in a side or rear yard, in every district, and the answer turns on the yard and what the lot adjoins. The figure is 4 feet, for fence in a front yard.
- Permits
- Paterson puts the Zoning Officer ahead of everyone else, and the answer turns on which permit is being sought. The figure is 10 days, for time for the Zoning Officer to issue or deny.
- Pool barriers
- Paterson sets no statewide pool barrier rule. The chapters that were read are listed below. Cities and counties decide this one.
- Spite fences
- Paterson has no spite fence statute. The chapters that were read are listed below. Cities and counties decide this one.
- Measured from what
- Paterson leaves the measuring rule to a municipal zoning ordinance adopted under the Municipal Land Use Law.
- Corner lots
- On a Paterson corner lot nothing over thirty inches may stand inside the triangle drawn by the two intersecting street lines and a line joining points twenty feet from where they meet, measured along those street lines, and the answer turns on the angle at which the two streets meet. The figure is 30 inches, for height limit inside the corner triangle.
- Retaining walls
- New Jersey writes its own rule for a wall that holds back earth instead of leaving it to the national code. The figure is 4 feet, for retaining wall height at or above which a construction permit is required.
- Materials
- No solid fence may be erected in a Paterson front yard setback, and the code puts a number on what open means: a fence in that setback has to have a minimum of sixty percent open construction, and the answer turns on where on the lot the fence stands. The figure is 60 percent, for minimum open construction in a front yard setback.
- Livestock
- New Jersey sets one height for a lawful fence and one job for it to do. The figure is 50 inches, for minimum height of a lawful fence, which the statute states as four feet and two inches.
Who owns the fence between two properties in Paterson?
Compare fences on the property line across all 50 states
Paterson answers this, but the answer changes depending on what the two sides of the line are used for.
Paterson states no setback for a fence from a lot line. Fences and screening structures may be permitted anywhere on the lot, subject to the height limits, and the only hard boundary is the public one: no fence may be erected that encroaches on the public right-of-way. Where the code does put something on a line it is a duty rather than a permission. A non-residential use that adjoins semi-public, public or residentially used property, and a multi-family development that adjoins a one or two-family house, has to place a fence, wall or other permanent screen along the property line separating the two, at least six feet high and no more than ten. The design standards add that the finished side of a fence faces out from the property, all structural supporting members face the interior of the lot, and a fence along a front lot line has to align with the predominant fence line on the street.
Where a non‐residential use adjoins a semi‐public, public or residentially‐used property, or where a multi‐family development adjoins a one or two‐family residence, a fence, wall or other such permanent screen shall be placed along the property line separating the non‐residential use from the adjoining residential use. Such fence, wall or screen shall be at least 6 feet in height, but shall not exceed 10 feet.
The answer turns on what the two sides of the line are used for.
- an ordinary lot line
- No setback stated. 0 ft
- the right-of-way
- No encroachment at all.
- a business beside a house
- A screen is required on that line. 6 ft
- the finished side
- Faces out of the property.
Also on fences on the property line in Paterson
- set in state lawNew Jersey only splits a fence on the line when at least one of the two neighbors is pasturing or keeping animals. Each neighbor who uses the land that way builds and keeps up a fair share. A neighbor who leaves the land empty and open, or who keeps no animals, owes nothing toward it. That is narrower than most states, where both sides share the cost whatever the land is used for. N.J.S.A. 4:20-7New Jersey · Statute
How tall can a fence be in Paterson?
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Paterson answers this, but the answer changes depending on the yard and what the lot adjoins.
Paterson holds a fence to four feet in a front yard and six feet in a side or rear yard, in every district. The section opens by saying fences, walls other than retaining walls, and other screening structures above grade may be permitted anywhere on the lot subject to those limits, so the rule is about height rather than about where a fence may stand. Two things sit outside it. Where a non-residential use adjoins public, semi-public or residential property, or a multi-family development adjoins a one or two-family house, a required screen along that line has to be at least six feet and no more than ten. And the whole section does not apply to fences around schoolyards, playgrounds, public buildings or athletic and recreation fields. A taller fence that predated the ordinance may be maintained and repaired after partial destruction, but one completely destroyed or removed has to be replaced at the legal height.
No fence shall be in excess of 4 feet in height in the front yard and a maximum of 6 feet in height in the side and rear yard in any district, except as hereinafter provided.
The answer turns on the yard and what the lot adjoins.
- a front yard
- Four feet. 4 ft
- a side or rear yard
- Six feet. 6 ft
- a required screen between uses
- Six feet at least, ten at most. 10 ft
- a schoolyard or ball field
- The section does not apply.
Also on fence height in Paterson
- no rule, documents checkedNew Jersey does not limit how tall a fence at a house can be. State law gives that job to the towns, which may set the size, height and shape of fences between neighboring lots. Height is a town rule in every New Jersey town. R.S. 40:48-1(29)New Jersey · Statute
Do I need a permit for a fence in Paterson?
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Paterson answers this, but the answer changes depending on which permit is being sought.
Paterson puts the Zoning Officer ahead of everyone else. No building or structure may be erected, moved, extended or altered without a Zoning Permit, and no Construction Permit may be granted without that Zoning Permit already in hand. The Zoning Officer has ten business days to issue or deny it, and a permit may not issue unless the work is in complete conformity with this and every other applicable ordinance, statute and regulation. The application asks for two copies of the form and two copies of a survey of the property. One caution about this finding rather than about the rule: the published chapter states that Article V, where the fence rules sit, is a true copy as adopted in February 2016, while Articles I through IV, which include this permit section, have not been verified to be completely up to date.
No building or structure shall be erected, moved, extended, or altered, nor shall any excavation, demolition or other land improvement take place without a Zoning Permit issued by the Zoning Officer.
Section 300-1.1(A) and Section 300-1.3(A)
The answer turns on which permit is being sought.
- any structure
- A Zoning Permit first.
- a construction permit
- Not granted without the zoning one.
- the decision
- Ten business days. 10 days
- the application
- Two copies, and a survey.
Also on permits in Paterson
- set in state lawNew Jersey runs one construction code for the whole state. The Commissioner of Community Affairs adopts it after a public hearing, and it covers building work everywhere in the state. The list of work that needs a permit, and the list of work that does not, sit inside that code at N.J.A.C. 5:23 and not in the statute. N.J.S.A. 52:27D-123New Jersey · Statute
Pool fence requirements in Paterson
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Paterson law has no rule about this. The chapters that were read are listed below. Cities and counties decide it instead.
New Jersey does have a pool barrier rule. It sits in the state construction code at N.J.A.C. 5:23-3.21, which takes in the International Swimming Pool and Spa Code and then changes parts of it. The Department of Community Affairs publishes that rule only as a PDF and its text could not be read, so no height is claimed here. The numbers live in the national code rather than in New Jersey text.
This one is New Jersey law, not Paterson law. All New Jersey findings
Documents read before writing that:
- N.J.A.C. 5:23-3.21New Jersey Department of Community Affairs
- N.J.S.A. 52:27D-123New Jersey Legislature
Spite fence laws in Paterson
Compare spite fences across all 50 states
Paterson law has no rule about this. The chapters that were read are listed below. Cities and counties decide it instead.
New Jersey has no statewide spite fence law. A spite fence is one built to bother a neighbor rather than to do a job. Title 4, Chapter 20 covers fences on the line and says nothing about spite. State law instead lets each town set the size and height of fences between neighbors, so the answer is a town rule.
This one is New Jersey law, not Paterson law. All New Jersey findings
Documents read before writing that:
- N.J.S.A. 4:20-7New Jersey Legislature
- R.S. 40:48-1(29)New Jersey Legislature
How fence height is measured in Paterson
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Paterson does not set this. It leaves it to a municipal zoning ordinance adopted under the Municipal Land Use Law.
New Jersey states a fence number and never says where to measure it from. The state construction code says no permit is needed for a fence six feet or less in height, and it never says six feet above what. The Municipal Land Use Law fills the gap by handing the bulk, height, number of stories, direction and size of buildings and other structures to a town zoning rule. The town decides where the measuring starts.
This one is New Jersey law, not Paterson law. All New Jersey findings
Regulate the bulk, height, number of stories, orientation, and size of buildings and the other structures; the percentage of lot or development area that may be occupied by structures; lot sizes and dimensions
The code hands this to a municipal zoning ordinance adopted under the Municipal Land Use Law, which is not published in the code itself.
Also on how height is measured in Paterson
- no rule, documents checkedThe fence section states four feet, six feet, ten feet and thirty inches, and only one of those carries a reference. The corner rule measures thirty inches above the level of the pavement, which is the street rather than the lot, and on a property that sits above the road that gives an owner less than the number suggests. Nothing says what the four foot and six foot limits are measured from. No grade is named, a berm is not addressed, and no allowance is made for a post cap. The opening sentence of the section describes fences, walls and other screening structures as being above grade, which distinguishes them from a retaining wall rather than fixing a datum. Retaining walls are lifted out of the section by name, so a fence on top of one is not answered either. Section 500-3.13(A)Paterson · Zoning code
Fence rules for corner lots in Paterson
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Paterson answers this, but the answer changes depending on the angle at which the two streets meet.
On a Paterson corner lot nothing over thirty inches may stand inside the triangle drawn by the two intersecting street lines and a line joining points twenty feet from where they meet, measured along those street lines. The rule names fences, structures, plantings and shrubbery together, so a hedge is caught the same as a board fence, and the thirty inches is measured above the level of the pavement rather than above the ground at the fence. Then comes an exception few codes write: the rule does not apply where the two intersecting street lines meet at an angle of more than a hundred and thirty-five degrees. That switches the triangle off at a gentle bend, where a driver can already see through the corner, and keeps it on at anything close to a right angle.
On any corner lot, no fence, structure, planting or shrubbery over 30 inches in height above the level of the pavement shall be erected or maintained within the triangle formed by the intersecting street lines and a straight line adjoining said street lines at points which are 20 feet distant from their point of intersection, measures along such street lines. This does not apply to intersecting street lines whose angle is more than 135 degrees.
The answer turns on the angle at which the two streets meet.
- inside the triangle
- Thirty inches above the pavement. 30 in
- the triangle itself
- Twenty feet along each street line. 20 ft
- a shallow corner
- No rule past a hundred and thirty-five degrees. 135 degrees
- a hedge
- Treated the same as a fence.
Also on corner visibility in Paterson
- set in state lawNew Jersey protects the driver view in its highways title, and only for signs that need a state permit. Section 27:5-9 sets the conditions on that permit, and one of them is that the sign may not block a clear view of the road ahead or of official signs and signals. Nothing there reaches a fence at a house. A town gets the power to draw a corner sight triangle, the clear space kept open where two streets meet, from the Municipal Land Use Law. N.J.S.A. 27:5-9New Jersey · Traffic code
Retaining wall rules in Paterson
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New Jersey answers this in its own law. The words that do it are quoted below.
New Jersey writes its own rule for a wall that holds back earth instead of leaving it to the national code. A construction permit is needed to build, enlarge, change, rebuild or tear down such a wall four feet or taller, and also a shorter one that hurts a foundation. The four feet counts every wall on the same slope added together, measured from the bottom of the footing to the top of the wall. Walls the town already reviewed in subdivision and site plan work, and walls a county engineer or the state transportation department reviews, are left out.
This one is New Jersey law, not Paterson law. All New Jersey findings
No person shall construct, enlarge, alter, reconstruct, or demolish a retaining wall or series of retaining walls having a total height four feet or greater, or a retaining wall less than four feet having a negative impact on a foundation, without first obtaining a construction permit.
4 ftretaining wall height at or above which a construction permit is required
Fence materials allowed in Paterson
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Paterson answers this, but the answer changes depending on where on the lot the fence stands.
No solid fence may be erected in a Paterson front yard setback, and the code puts a number on what open means: a fence in that setback has to have a minimum of sixty percent open construction. Sixty percent is a higher bar than the fifty percent most cities in this set use, and it rules out a picket fence with narrow gaps as well as a board fence. Solid, perforated, corrugated and flat sheet metal are prohibited as fencing material anywhere on the lot. Razor coil is prohibited outright. And a catch-all bars any fence built of nonstandard material that may be considered makeshift, create an eyesore or cause an annoyance. The design standards in Article IV go further and recommend decorative steel, tubular steel, wrought iron or brick in place of chain link, particularly forward of the building line.
No solid fence shall be erected in the front yard setback area as established by this Ordinance. Solid, perforated, corrugated or flat sheet metal shall be prohibited for use as a fencing material. Fences in the front yard setback area shall have a minimum of 60% open construction.
The answer turns on where on the lot the fence stands.
- a front yard setback
- Sixty percent open, at least. 60%
- sheet metal
- Prohibited in any form.
- razor coil
- Prohibited.
- makeshift material
- Barred by a catch-all.
Also on materials in Paterson
- set in state lawNew Jersey calls an electric security fence a perimeter fence intrusion protection system, and it sets nine things such a fence has to do. It ties into an alarm somebody watches. It cannot go on land a town has set aside for homes only. It runs off a storage battery of no more than 12 volts and meets the international standard for the charger. It stands behind a fence or wall with no current in it at least five feet tall, stops at ten feet, carries warning signs no more than 40 feet apart, and is put in by somebody trained or certified to install it. N.J.S.A. 45:5A-54New Jersey · Statute
Livestock and boundary fence law in Paterson
Compare agricultural fencing across all 50 states
New Jersey answers this in its own law. The words that do it are quoted below.
New Jersey sets one height for a lawful fence and one job for it to do. It stands four feet and two inches from the surface of the ground, and it has to be close, strong and tight enough that horses and cattle cannot get through or under. Where the fence sits on the line and either neighbor works the land, it also has to be tight enough to stop sheep. Low meadow along a stream or river that floods is left out of that last part.
This one is New Jersey law, not Paterson law. All New Jersey findings
if four feet and two inches high measuring from the level or surface of the earth, and close, strong and sufficient to prevent horses and cattle from going through or under it.
50 inminimum height of a lawful fence, which the statute states as four feet and two inches
Also on agricultural fencing in Paterson
- set in state lawNew Jersey ties the damage claim to the fence. When horses, cattle or sheep get over, push through or break down a fence the chapter calls lawful, the owner of the animals pays the hurt neighbor for all of it. Two neutral people from the neighborhood set the amount, one picked by each side, and each has to own the same sort of property that was damaged. If the animal owner will not pick, the hurt neighbor picks both. If the two cannot agree, they bring in a third. N.J.S.A. 4:20-22New Jersey · Statute
- set in state lawNew Jersey bans barbed wire between neighbors unless the neighbor agrees to it. A fence on the line made of barbed wire, or of wire with barbs or points strung on it, is not a lawful fence without the next door owner's consent, and the statute forbids it outright without that consent. Most farm states treat barbed wire as the normal build. New Jersey does the opposite. N.J.S.A. 4:20-3New Jersey · Statute
Documents behind this page
12 documents, of which 1 was published by Paterson itself. Each was read on the date shown.
- New Jersey LegislatureNew Jersey Statutes (Unannotated), Title 4, Section 4:20-7, Duty to make and maintain portion of partition fence
- City of PatersonChapter 483 of the Municipal Code of the City of Paterson, Zoning and Land Development, Article V, Section 500-3.13, Fences, Walls and Screens
- New Jersey LegislatureAssembly Bill A697 (2022 session), reproducing R.S.40:48-1 paragraph 29, Fences
- New Jersey LegislatureNew Jersey Statutes (Unannotated), Title 52, Section 52:27D-123, State Uniform Construction Code; adoption
- New Jersey Department of Community AffairsN.J.A.C. 5:23-3, Uniform Construction Code subcodes (PDF, could not be read)
- New Jersey Business Action Center, Department of StateMunicipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
- New Jersey LegislatureNew Jersey Statutes, Title 27, Highways, Chapter 5, Roadside Sign Control and Outdoor Advertising
- New Jersey Department of Community AffairsNew Jersey Administrative Code, Title 5, Chapter 23, Uniform Construction Code, Subchapter 2, Administration and Enforcement
- New Jersey LegislatureP.L.2021, Chapter 2, An Act concerning perimeter fence intrusion protection systems and other alarm systems
- New Jersey LegislatureNew Jersey Statutes (Unannotated), Title 4, Agriculture and Domestic Animals, Section 4:20-1, Sufficiency of fences in general
- New Jersey LegislatureNew Jersey Statutes (Unannotated), Title 4, Agriculture and Domestic Animals, Section 4:20-22, Damages by animals breaking through lawful fences
- New Jersey LegislatureNew Jersey Statutes (Unannotated), Title 4, Agriculture and Domestic Animals, Section 4:20-3, Partition fences of barbed wire
What this page does not cover
A city ordinance is not the only rule that reaches a fence. The zoning district a parcel sits in can change the height allowed on it, and so can an overlay district, a recorded easement, a fire hazard severity zone or a coastal zone. A homeowner association can be stricter than the city and nothing in the municipal code will say so. None of those appear here.
The rules above are the ones Paterson publishes, plus the New Jersey rules that apply where the city sets none. Fence laws in New Jersey has the state layer in full.
This is general information drawn from published government documents. It is not legal advice, ordinances are amended, and the date beside each finding is the date the document was read. How findings are made · What the terms mean