Fence laws in Mount Vernon, New York
What the Mount Vernon municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Mount Vernon sets no rule of its own, the New York rule is shown in its place and marked as such.
Fence laws in Mount Vernon, New York, question by question
The short version
- Who pays on the line
- A Mount Vernon fence or wall sits completely inside the lot lines, so nothing straddles the boundary and no fence is shared with the neighbor.
- How tall
- In a Mount Vernon residence district front yard the fence has to be wrought iron, aluminum or masonry at a quarter open or more, and stops at four feet, while a solid masonry wall stops at three, and the answer turns on the district, the yard, how open the fence is, and the size of the lot. The figure is 4 feet, for open fence in a residence front yard.
- Permits
- New York writes one code for the whole state and then hands the permit counter to local government.
- Pool barriers
- Mount Vernon asks for two barriers around a pool, not one, and the answer turns on whether the pool is in the ground or above it. The figure is 6 feet, for fence around an in ground pool.
- Spite fences
- New York has a spite fence law with a ten foot trigger. The figure is 10 feet, for height above which a fence blocking light or air can be declared a private nuisance.
- Measured from what
- Mount Vernon leaves the measuring rule to the town board, by local law or ordinance. It reaches the part of a town outside the limits of any incorporated village or city only.
- Corner lots
- Mount Vernon measures its sight triangles from the edge of the pavement rather than the property line, and draws two different ones, and the answer turns on whether the triangle is at a street intersection or a driveway. The figure is 40 feet, for leg of the sight triangle at a street intersection. It reaches one- and two-family properties in residence districts only.
- Retaining walls
- Mount Vernon leaves retaining walls to the Residential Code of New York State, published by the International Code Council and incorporated by reference in 19 NYCRR Part 1220.
- Materials
- Electrically charged fences, barbed wire and anything else made of sharp material are prohibited in Mount Vernon. The figure is 250 feet, for distance within which barbed wire must not be visible from a residence district.
- Livestock
- New York prints one build in its fence article, and it is wire. The figure is 4 strands, for minimum number of wire strands in a division fence. It reaches a fence on the line between two neighbors only.
Who owns the fence between two properties in Mount Vernon?
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Mount Vernon answers this in its own law. The words that do it are quoted below.
A Mount Vernon fence or wall sits completely inside the lot lines, so nothing straddles the boundary and no fence is shared with the neighbor. Where a fence has a finished or more attractive side, that side faces the neighboring property or the street. A fence or masonry wall around a public utility or government use may reach eight feet in any district, except that the part facing a street follows the business and industrial street frontage rules instead.
All fences and walls must be completely inside lot lines.
Also on fences on the property line in Mount Vernon
- set in state lawNew York Town Law splits a fence on the line between the two neighbors in fair shares, unless they agree on something else. The rule turns on animals. A neighbor who has kept no animals on the land in the five years before the fence was built or fixed owes nothing. A neighbor who does build or fix it can get back twenty percent of the other side's share for each year that land was used for animals. Where a stream forms the line, the fence viewers settle the split. Town Law 300New York · Statute
How tall can a fence be in Mount Vernon?
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Mount Vernon answers this, but the answer changes depending on the district, the yard, how open the fence is, and the size of the lot.
In a Mount Vernon residence district front yard the fence has to be wrought iron, aluminum or masonry at a quarter open or more, and stops at four feet, while a solid masonry wall stops at three. Side and rear yards get six feet, rising to eight on a lot over seven thousand square feet with more than seventy five feet of frontage if the fence is at least three quarters open. A business district gets six feet facing a street, four if the wall is solid masonry, and eight in other yards. Industrial land gets eight feet at a quarter open. A fence separating residence from nonresidence use may reach eight feet, and a tennis court enclosure ten at three quarters open.
Wrought iron or aluminum fences and masonry walls of at least 25% open construction, or any combination thereof, not exceeding four feet in height, are permitted within required front yards. Solid masonry walls, whether used on their own or in combination with other types of fences, shall not exceed three feet in height.
The answer turns on the district, the yard, how open the fence is, and the size of the lot.
- a residence district front yard, at least a quarter open
- Four feet. 4 ft
- a residence district front yard, solid masonry
- Three feet. 3 ft
- a residence district side or rear yard
- Six feet, or eight on a large lot with a three quarters open fence. 6 ft
- an industrial district, at least a quarter open
- Eight feet in any yard. 8 ft
Also on fence height in Mount Vernon
- no rule, documents checkedNew York does not limit how tall a fence at a house can be. The fence article of the Town Law is about who pays for a shared fence and never caps the height. The only height anywhere in New York fence law is the ten feet in the spite fence section, and that is the point where a nuisance claim becomes possible, not a limit. Villages, towns and cities set the height rule. Town Law 300New York · Statute
Do I need a permit for a fence in Mount Vernon?
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New York answers this in its own law. The words that do it are quoted below.
New York writes one code for the whole state and then hands the permit counter to local government. Executive Law section 381 puts running and enforcing the code on every local government, lets a town pass the job to its county, and lets the Secretary of State step in when local enforcement drops below the state minimum. So whether a fence needs a permit is answered by the local code office, not by one statewide line.
This one is New York law, not Mount Vernon law. All New York findings
every local government shall administer and enforce the uniform fire prevention and building code
Pool fence requirements in Mount Vernon
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Mount Vernon answers this, but the answer changes depending on whether the pool is in the ground or above it.
Mount Vernon asks for two barriers around a pool, not one. An in ground pool is surrounded by six foot fencing and then by an evergreen screen of at least four feet standing outside that fence, enough to hide the pool from the neighbors and the street. An above ground pool may be no more than forty eight inches from the ground to the rim, its exposed sides are screened by evergreen planting at least as tall as the exposed part, and it too is fenced at six feet. The fence has to be within twenty feet of the pool edge and parallel to it, a pool sits at least five feet off every lot line, and none may be in a front yard.
Swimming pools installed in the ground, where the rim of the pool is flush with the ground or with an on-ground deck, shall be required to be surrounded with six-foot-high fencing which shall be in compliance with all other applicable laws and regulations. In addition, an evergreen screen which shall have a minimum height of four feet shall be provided around the swimming pool, outside of the fence, and shall be adequate to screen the view of the pool area from adjacent properties and from the street.
The answer turns on whether the pool is in the ground or above it.
- an in ground pool
- Six foot fencing plus a four foot evergreen screen outside it. 6 ft
- an above ground pool
- Rim no more than forty eight inches up, evergreen screening of the exposed sides, and a six foot fence. 48 in
Also on pool barriers in Mount Vernon
- set in state lawNew York requires a barrier around a pool at a house, and the height is four feet. The state building standards office publishes the rules in a technical bulletin. The gap between the barrier and the ground stays under two inches, and the barrier cannot go where something next to it can be climbed to get over. While a pool is being built, a temporary barrier of at least 48 inches has to be up. TB-1014-UCNew York · Agency guidance
Spite fence laws in Mount Vernon
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New York answers this in its own law. The words that do it are quoted below.
New York has a spite fence law with a ten foot trigger. A fence, or anything built like a fence, that goes over ten feet and cuts off light or air from a building next door can be declared a private nuisance by the supreme court. The court can then order the owner to stop keeping it up. The section ends by protecting an owner who built in good faith.
This one is New York law, not Mount Vernon law. All New York findings
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 Mount Vernon
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Mount Vernon does not set this. It leaves it to the town board, by local law or ordinance.
New York sets no fence height for a house, so it never says where a height starts. Town Law 261 lets a town board set the height, number of stories and size of buildings and other structures by local law, and that power covers the part of the town outside any village or city. Both the height limit for a fence and the point the height is counted from are written by the town board.
This one is New York law, not Mount Vernon law. All New York findings
the town board is hereby empowered by local law or ordinance to regulate and restrict the height, number of stories and size of buildings and other structures
The code hands this to the town board, by local law or ordinance, which is not published in the code itself.
Fence rules for corner lots in Mount Vernon
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Mount Vernon answers this, but the answer changes depending on whether the triangle is at a street intersection or a driveway.
Mount Vernon measures its sight triangles from the edge of the pavement rather than the property line, and draws two different ones. At a street intersection the points are forty feet out along each pavement edge from where the lines would cross. At a driveway the triangle is lopsided: thirty feet along the street pavement edge and fifteen feet along the driveway edge. Nothing over two and a half feet may stand in either. Both rules apply to one and two family properties in residence districts only, and everything else is left to the Planning Board to judge.
Obstructions to visibility which exceed 2 1/2 feet in height shall be prohibited in the triangle formed by intersecting street pavement edges and a line joining points located along said street pavement edges which are 40 feet from the theoretical point of intersection of such lines, as extended.
The answer turns on whether the triangle is at a street intersection or a driveway.
- a street intersection
- Forty feet along each pavement edge. 40 ft
- a driveway meeting a street
- Thirty feet along the street edge and fifteen along the driveway edge. 30 ft
Also on corner visibility in Mount Vernon
- left to the townNew York leaves the corner to the town, village or city. Town Law section 261 lets a town board set the height of structures and the size of yards and open spaces by local law. The highway title was read as well. Highway Law section 319 treats a fence as an obstruction when it stands inside the bounds of the highway, which turns on where the right of way line falls and not on the view across a corner. N.Y. Town Law 261New York · Zoning code
Retaining wall rules in Mount Vernon
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Mount Vernon does not set this. It leaves it to the Residential Code of New York State, published by the International Code Council and incorporated by reference in 19 NYCRR Part 1220.
New York runs one code statewide and it prints no rule for a wall that holds back earth. For houses the rule is the Residential Code of New York State, a book published by the International Code Council and taken into Part 1220 by reference. The section listing the changes New York makes to that book was read in full, and it covers snow load, insulation, oil tanks, sewer depth and repair work, never that kind of wall.
This one is New York law, not Mount Vernon law. All New York findings
2020 RCNYS. The publication entitled 2020 Residential Code of New York State (publication date: November 2019), published by the International Code Council, Inc. The 2020 RCNYS is incorporated by reference in Part 1220 of this Title.
The code hands this to the Residential Code of New York State, published by the International Code Council and incorporated by reference in 19 NYCRR Part 1220, which is not published in the code itself.
Fence materials allowed in Mount Vernon
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Mount Vernon answers this in its own law. The words that do it are quoted below.
Electrically charged fences, barbed wire and anything else made of sharp material are prohibited in Mount Vernon. Barbed or razor wire comes back only in an industrial district, and only when three conditions hold together: it sits at least eight feet above the ground, it cannot be seen from any residence district within two hundred and fifty feet, and the City Council has approved it. Needing a vote of the legislature for a fence detail is rare.
Electrically charged fences, barbed-wire fences and other fences constructed of sharp materials are not permitted. Barbed wire or razor is permitted as part of a fence in an I-Industrial District, provided such barbed wire is located at least eight feet above the ground and is not visible from any residence district within 250 feet thereof and approval has been granted by the City Council.
250 ftdistance within which barbed wire must not be visible from a residence district
Also on materials in Mount Vernon
- set in state lawNew York names barbed wire in its town fence law and allows it in a fence on the line as long as the fence is built a set way. It carries at least four strands, the posts stand no more than fourteen feet apart, and the town fence viewers set the spacing of the posts and supports. The owner has to fix the fence as soon as it becomes unsafe. The section does not let railroad companies string barbed wire along their lines where the railroad law bars it. N.Y. Town Law 309New York · Statute
Livestock and boundary fence law in Mount Vernon
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New York answers this in its own law. The words that do it are quoted below.
New York prints one build in its fence article, and it is wire. A fence on the line made of barbed or other wire carries at least four strands. The town fence viewers set how far apart the posts and supports go, and the posts may never stand more than fourteen feet apart. Past that, the fence has to be built solidly and hold the kind of animals usually pastured on either side. A town cannot ban a wire fence that meets this section.
This one is New York law, not Mount Vernon law. All New York findings
The fence shall be of at least four strands of wire with the posts and supports of such fence, at such distances apart, as the fence viewers of the town may prescribe, but the posts thereof shall be no further apart than fourteen feet
4 strandsminimum number of wire strands in a division fence
Also on agricultural fencing in Mount Vernon
- left to the townNew York sets no statewide standard for what makes a shared fence good enough. The voters of each town make that rule for their own town. Once a town has one, a neighbor whose fence falls short loses the right to collect for damage done by an animal that was lawfully kept next door and came through the bad fence. Where nobody raises the question, a fence is taken as good enough until someone proves otherwise. Town Law 307New York · Statute
- set in state lawNew York lets two neighbors turn the fence rule off between them. Each one normally builds and keeps up a fair share of the fence on the line, but both may agree to let the land lie open instead. While that agreement holds, neither can sue the other for damage done by animals that were lawfully on the other's land. Either one can end it with written notice, and then both go back to building their shares. Town Law 301New York · Statute
Documents behind this page
10 documents, of which 1 was published by Mount Vernon itself. Each was read on the date shown.
- New York State SenateNew York Town Law, Article 18, Fences and Fence Viewers
- City of Mount VernonZoning Ordinance, Chapter 267, Article IV, Regulations
- 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
- New York State SenateNew York Consolidated Laws, Town Law, Article 16, Zoning and Planning
- New York State Department of StateOfficial Compilation of Codes, Rules and Regulations of the State of New York, Title 19, Chapter XXXIII, Subchapter A, Part 1219, Section 1219.2 Definitions
- New York State LegislatureLaws of New York, Town Law, Article 18, Fences, Strays and Pounds, Section 309, Use of barbed or other wire for division fence
- New York State LegislatureNew York Town Law, Article 18, Fences, Strays and Pounds, Section 307, Damages for insufficient fence
- New York State LegislatureNew York Town Law, Article 18, Fences, Strays and Pounds, Section 301, Lands lying open
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 Mount Vernon publishes, plus the New York rules that apply where the city sets none. Fence laws in New York 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