Fence laws in New York City, New York
What the New York City municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where New York City sets no rule of its own, the New York rule is shown in its place and marked as such.
Fence laws in New York City, New York, question by question
The short version
- Who pays on the line
- The strip between the street line and the street walls of a New York City building has to be planted at ground level or in permanently fixed raised beds, in any combination of grass, groundcover, shrubs, trees or other living material, with a minimum dimension of one foot. The figure is 1 foot, for minimum dimension of a required planted area.
- How tall
- Four feet above the adjoining grade is the limit for a fence in any New York City front yard, and the answer turns on whether the yard is a front yard, and whether the lot is a corner lot. The figure is 4 feet, for fence in a front yard.
- Permits
- A fence of six feet or less at a one or two family house in New York City is a minor alteration and needs no Department of Buildings permit. The figure is 6 feet, for height up to which a fence at a one or two family house needs no permit.
- Pool barriers
- New York requires a barrier around a pool at a house, and the height is four feet. The figure is 4 feet, for permanent barrier around a residential swimming 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
- New York City reads a fence against the higher of the two grades beside it for the purpose of the permit exemption, so on sloping ground the owner on the low side gets no benefit from the drop.
- Corner lots
- New York City leaves corner clearance to town boards under Article 16 of the Town Law, with parallel grants to villages and cities.
- Retaining walls
- A New York City retaining wall under four feet needs no permit, and the four feet is measured from the top of the footing rather than from the ground, so the buried part counts and a wall that shows three feet can still be over the line. The figure is 4 feet, for height below which a retaining wall needs no permit.
- Materials
- New 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. The figure is 4 strands, for minimum number of wire strands in a barbed wire division fence. It reaches a fence on the line between two neighbors in a town only.
- 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 New York City?
Compare fences on the property line across all 50 states
New York City answers this in its own law. The words that do it are quoted below.
The strip between the street line and the street walls of a New York City building has to be planted at ground level or in permanently fixed raised beds, in any combination of grass, groundcover, shrubs, trees or other living material, with a minimum dimension of one foot. Entrances, exits and driveways are excepted, and so is any area holding something the code allows as a permitted obstruction, which is the door a front yard fence goes through. A lot may not be altered in a way that creates a new non-compliance with this rule or makes an existing one worse.
the area of the zoning lot between the street line and all street walls of the building and their prolongations shall be planted at ground level, or in raised planting beds that are permanently affixed to the ground
1 ftminimum dimension of a required planted area
Also on fences on the property line in New York City
- 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 New York City?
Compare fence height across all 50 states
New York City answers this, but the answer changes depending on whether the yard is a front yard, and whether the lot is a corner lot.
Four feet above the adjoining grade is the limit for a fence in any New York City front yard. A corner lot may go to six, but the allowance is narrow: it applies inside one front yard only, and only in the part of it lying between the side lot line and the prolongation of the side wall of the house that faces that line. A wall, meaning something not roofed and not part of a building, follows the same front yard figures and may stand at eight feet elsewhere on the lot.
Fences, not exceeding four feet in height above adjoining grade in any front yard , except that for corner lots a fence may be up to six feet in height within that portion of one front yard that is between a side lot line and the prolongation of the side wall of the residence facing such side lot line
The answer turns on whether the yard is a front yard, and whether the lot is a corner lot.
- a front yard
- Four feet above the adjoining grade. 4 ft
- the qualifying stretch of one front yard on a corner lot
- Six feet. 6 ft
- a wall in a side or rear yard
- Eight feet, if not roofed and not part of a building. 8 ft
Also on fence height in New York City
- 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 New York City?
Compare permits across all 50 states
New York City answers this in its own law. The words that do it are quoted below.
A fence of six feet or less at a one or two family house in New York City is a minor alteration and needs no Department of Buildings permit. The exemption is narrow in two ways. It reaches only one and two family dwellings, so an apartment building is outside it, and the rule says plainly that being exempt from a permit does not authorize work that breaks the Zoning Resolution or any other law, and does not remove the obligation to file with the Landmarks Preservation Commission, City Planning, Transportation, Environmental Protection or the Fire Department where those apply.
Fences 6 feet (1829 mm) or less in height, as measured from the higher of the two adjoining grades, in connection with one- and two-family dwellings.
6 ftheight up to which a fence at a one or two family house needs no permit
Also on permits in New York City
- set in state lawNew 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. Exec. Law 381(2)New York · Statute
Pool fence requirements in New York City
Compare pool barriers across all 50 states
New York answers this in its own law. The words that do it are quoted below.
New 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.
This one is New York law, not New York City law. All New York findings
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 City
Compare spite fences across all 50 states
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 New York City 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 New York City
Compare how height is measured across all 50 states
New York City answers this in its own law. The words that do it are quoted below.
New York City reads a fence against the higher of the two grades beside it for the purpose of the permit exemption, so on sloping ground the owner on the low side gets no benefit from the drop. The Zoning Resolution closes the other half of the loophole from the opposite direction: the level of a yard may not be higher than curb level, although natural grade need not be disturbed to comply, and yard width and depth are measured perpendicular to the lot lines.
the level of a yard or of a rear yard equivalent shall not be higher than curb level , except that natural grade level need not be disturbed in order to comply with this requirement
Also on how height is measured in New York City
- left to the townNew 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. N.Y. Town Law 261New York · Zoning code
Fence rules for corner lots in New York City
Compare corner visibility across all 50 states
New York City does not set this. It leaves it to town boards under Article 16 of the Town Law, with parallel grants to villages and cities.
New 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.
This one is New York law, not New York City 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 percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes
The code hands this to town boards under Article 16 of the Town Law, with parallel grants to villages and cities, which is not published in the code itself.
Retaining wall rules in New York City
Compare retaining walls across all 50 states
New York City answers this in its own law. The words that do it are quoted below.
A New York City retaining wall under four feet needs no permit, and the four feet is measured from the top of the footing rather than from the ground, so the buried part counts and a wall that shows three feet can still be over the line. Two conditions come with it: the wall must not support a surcharge, meaning an added load such as a driveway or a building above it, and must not impound Class I, II or IIIA liquids.
Retaining walls less than 4 feet (1219 mm) in height, measured from the top of the footing to the top of the wall
4 ftheight below which a retaining wall needs no permit
Also on retaining walls in New York City
- left to the townNew 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. 19 NYCRR 1219.2(a)(8)New York · Building code
Fence materials allowed in New York City
Compare materials across all 50 states
New York answers this in its own law. The words that do it are quoted below.
New 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.
This one is New York law, not New York City law. All New York findings
Barbed or other wire may be used in the construction of any division fence, provided, that such fence, be built in the following manner: 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 barbed wire division fence
Livestock and boundary fence law in New York City
Compare agricultural fencing across all 50 states
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 New York City 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 New York City
- 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
11 documents, of which 2 were published by New York City itself. Each was read on the date shown.
- New York State SenateNew York Town Law, Article 18, Fences and Fence Viewers
- New York City Department of City PlanningZoning Resolution, Article II Chapter 3, Section 23-613, Front yard planting requirements
- New York State SenateNew York Real Property Actions and Proceedings Law, Article 8
- New York State SenateNew York Executive Law, Article 18
- New York City Department of Buildings1 RCNY 101-14, Categories of work that may or may not require a permit
- 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 New York City 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