Fence laws in Utica, New York
What the Utica municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Utica sets no rule of its own, the New York rule is shown in its place and marked as such.
Fence laws in Utica, New York, question by question
The short version
- Who pays on the line
- Utica states the orientation rule as a property of the structure rather than of the boundary: every fence is installed with the posts and rails exposed to the interior of the area being fenced.
- How tall
- Six feet above existing grade in any side, rear or corner side yard of a Utica R1 or RM lot, and the answer turns on which yard the fence is in, whether it is solid, and what the boundary abuts. The figure is 6 feet, for fence in a side, rear or corner side yard. It reaches the R1 and RM residential districts only.
- Permits
- No fence goes up in Utica without a fence permit, and the ordinance closes the usual gap explicitly: the permit is needed even when no building construction and no principal use is being contemplated alongside the fence.
- 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
- Where Utica requires outdoor storage to be screened, the height of the fence is not a fixed figure but the height of whatever is being stored, capped at ten feet. The figure is 10 feet, for tallest a screening fence around outdoor storage may be.
- Corner lots
- Utica leaves corner clearance to town boards under Article 16 of the Town Law, with parallel grants to villages and cities.
- Retaining walls
- Utica 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
- Utica names no prohibited fence material for an ordinary lot.
- 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 Utica?
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Utica answers this in its own law. The words that do it are quoted below.
Utica states the orientation rule as a property of the structure rather than of the boundary: every fence is installed with the posts and rails exposed to the interior of the area being fenced. It applies to all fences in all districts, with no exception for a boundary between two houses and no way for two owners to agree otherwise.
All fences shall be installed with the posts and rails of the structure exposed to the interior of the area being fenced.
Also on fences on the property line in Utica
- 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 Utica?
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Utica answers this, but the answer changes depending on which yard the fence is in, whether it is solid, and what the boundary abuts.
Six feet above existing grade in any side, rear or corner side yard of a Utica R1 or RM lot. In a front yard the rule is about solidity rather than height: a solid fence over three feet is prohibited on both inside and corner lots, and an opaque fence is prohibited altogether in the corner side yard of a reversed corner lot. Three situations are given their own figure: five and a half feet where the boundary abuts an alley, six where it abuts business land or a parking lot, and six for a screen around a patio no longer than twenty five feet. A public utility or public recreation use may run an open fence to eight.
Fences may be erected to a height of six feet above the existing grade in any side, rear or corner side yard.
The answer turns on which yard the fence is in, whether it is solid, and what the boundary abuts.
- any side, rear or corner side yard
- Six feet. 6 ft
- a front yard, solid
- Three feet, and no opaque fence at all in the corner side yard of a reversed corner lot. 3 ft
- the part of a property that abuts an alley
- Five and a half feet.
- a public utility or public recreation use, open fence
- Eight feet. 8 ft
Also on fence height in Utica
- 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 Utica?
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Utica answers this in its own law. The words that do it are quoted below.
No fence goes up in Utica without a fence permit, and the ordinance closes the usual gap explicitly: the permit is needed even when no building construction and no principal use is being contemplated alongside the fence. So a fence on its own, on an otherwise untouched lot, is permitted work. A fee is set in the city fee schedule rather than in the ordinance.
No fence shall be erected without a fence permit, even when no building construction or principal use is being contemplated in conjunction with said fence construction.
Also on permits in Utica
- 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 Utica
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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 Utica 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 Utica
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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 Utica 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 Utica
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Utica answers this in its own law. The words that do it are quoted below.
Where Utica requires outdoor storage to be screened, the height of the fence is not a fixed figure but the height of whatever is being stored, capped at ten feet. So the pile sets the fence and the fence has to change if the pile grows. Where such a fence stands in a front yard it may not obstruct vehicular sight lines, which the section states without giving a triangle or a distance.
The height of such fence shall be equal to the height of the material or equipment stored, but shall not exceed 10 feet in height.
10 fttallest a screening fence around outdoor storage may be
Also on how height is measured in Utica
- 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 Utica
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Utica 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 Utica 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 Utica
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Utica 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 Utica 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 Utica
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Utica answers this in its own law. The words that do it are quoted below.
Utica names no prohibited fence material for an ordinary lot. The only material rule in the section is about barbed wire at a public utility: the top of a utility fence may carry it where the Commissioner of Urban and Economic Development deems it necessary for public safety, and the Common Council approves. Two separate approvals for a strand of wire is unusual. Where a utility boundary meets a residential lot line or fronts a street, the fence has to be solid and approved by the Commissioner, with shrubbery of at least five feet on top of that.
The top of such fences may include barbed wire when deemed necessary for public safety by the Commissioner of Urban and Economic Development, and approved by the Common Council.
Also on materials in Utica
- 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 Utica
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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 Utica 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 Utica
- 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 Utica itself. Each was read on the date shown.
- New York State SenateNew York Town Law, Article 18, Fences and Fence Viewers
- City of UticaZoning Ordinance, Chapter 2-29, Section 2-29-185, Fence 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 Utica 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