Fence laws in New York
What New York statutes and statewide codes say about fences, one topic at a time, with the section number and a link to the document behind every line.
New York fence laws at a glance
| Topic | What the record says | Figure | Citation |
|---|---|---|---|
| Fences on the property line | Stated | no figure | Town Law 300 |
| Fence height | Silent | no figure | Town Law 300 |
| Permits | Stated | no figure | Exec. Law 381(2) |
| Pool barriers | Stated | 4 ft | TB-1014-UC |
| Spite fences | Stated | 10 ft | RPAPL 843 |
| How height is measured | Not researched yet | no figure | none |
| Corner visibility | Not researched yet | no figure | none |
| Retaining walls | Not researched yet | no figure | none |
| Materials | Not researched yet | no figure | none |
| Agricultural fencing | Not researched yet | no figure | none |
Fence laws in New York, question by question
Who owns the fence between two properties in New York?
StatedThe code gives a plain answer, and the line it appears on is quoted.
New York Town Law splits a division fence between the two adjoining owners in just and equitable portions unless they agree otherwise. The article turns on animals. An adjoining owner who has kept no animals on the land within five years of the fence being built or repaired owes nothing, and an owner who does build or repair can recover twenty percent of the other side's share for each year the neighbor land was used for animals. Fence viewers settle the split where a stream forms the line.
Each owner of two adjoining tracts of land, except when they otherwise agree, shall make and maintain a just and equitable portion of the division fence between such lands
How tall can a fence be in New York?
SilentThe documents were read and none of them cover it. The list of what was read is printed with the finding.
New York sets no statewide limit on residential fence height. The fence article of the Town Law deals with who pays for a division fence and never caps how tall one can be. The only height anywhere in New York fence law is the ten foot trigger in the spite fence section, and that is a test for a nuisance claim, not a limit. Height is set by village, town and city zoning.
Documents read before writing that:
- Town Law 300New York State Senate
- RPAPL 843New York State Senate
Do I need a permit for a fence in New York?
StatedThe code gives a plain answer, and the line it appears on is quoted.
New York writes one uniform code for the state but hands the permit counter to local government. Executive Law section 381 puts administration and enforcement on every local government, lets a municipality pass the job to its county, and lets the Secretary of State step in when local enforcement falls below the minimum standards. Because of that, whether a fence needs a permit is answered by the local code enforcement program rather than by a single statewide line.
every local government shall administer and enforce the uniform fire prevention and building code
Pool fence requirements in New York
StatedThe code gives a plain answer, and the line it appears on is quoted.
New York has required a pool barrier since the 1984 Uniform Code, and the current figure is four feet. The Department of State technical bulletin sets out the permanent barrier rules for a home pool, including a gap of no more than two inches between the barrier and the ground, and a ban on placing the barrier where something else can be climbed to get over it. A temporary barrier of at least 48 inches is required while the pool is being built.
The top of the barrier must be at least 4 feet (48 inches) high.
4 ftpermanent barrier around a residential swimming pool
Spite fence laws in New York
StatedThe code gives a plain answer, and the line it appears on is quoted.
New York has a spite fence statute with a ten foot trigger. A fence, or a structure in the nature of a fence, that goes over ten feet and shuts off light or air from a neighbor structure can be declared a private nuisance by the supreme court, and its continued upkeep can be enjoined. The section ends with a saving clause for an owner who builds in good faith.
Whenever the owner or lessees of land shall erect or shall have erected thereon any fence or structure in the nature of a fence which shall exceed ten feet in height, to exclude the owner or occupant of a structure on adjoining land from the enjoyment of light or air, the owner or occupant who shall thereby be deprived of light or air shall be entitled to maintain an action in the supreme court to have such fence or structure adjudged a private nuisance.
10 ftheight above which a fence blocking light or air can be declared a private nuisance
How fence height is measured in New York
Not researched yet for New York. Nothing on this page states what the rule is, because nothing has been read that says.
Fence rules for corner lots in New York
Not researched yet for New York. Nothing on this page states what the rule is, because nothing has been read that says.
Retaining wall rules in New York
Not researched yet for New York. Nothing on this page states what the rule is, because nothing has been read that says.
Fence materials allowed in New York
Not researched yet for New York. Nothing on this page states what the rule is, because nothing has been read that says.
Livestock and boundary fence law in New York
Not researched yet for New York. Nothing on this page states what the rule is, because nothing has been read that says.
Documents behind this page
4 documents, each read on the date shown. Nothing on this page rests on a summary of one.
- New York State SenateNew York Town Law, Article 18, Fences and Fence Viewers
- New York State SenateNew York Real Property Actions and Proceedings Law, Article 8
- New York State SenateNew York Executive Law, Article 18
- New York State Department of State, Division of Building Standards and CodesTechnical Bulletin, Uniform Code Swimming Pool and Spa Requirements Summary
What this page does not cover
Everything above is state law. Fence height, setback, corner visibility and materials are set by city and county ordinance in almost every state, and a local rule can be far stricter than the statewide default. A parcel can also carry an easement, an overlay district, a fire hazard zone or a recorded HOA restriction, none of which appear in a statute.
This is general information drawn from published government documents. It is not legal advice, statutes are amended, and the date beside each finding is the date the document was read. How findings are made · What the terms mean