Fences play an important role in defining the boundaries of a property. And if anyone requires some privacy, a fence is a good way to cover up from the outside world. If you are located in New York and own a home, knowing everything about the laws related to fences is crucial.

So, just like you chose a design and the best fence service in NY, you have to be aware of the rules and regulations related to fencing in NY as well. If you are currently planning on building up a fence in NY, this blog will be much more helpful for you to understand the responsibilities as a homeowner.

Laws related to property limits

As a home or property owner in NY, understanding the complexity behind the properties and the fencing lines laws is crucial. These laws control the placement of fences on property and prevent and resolve any issues that can occur among neighbors.

Boundary Fencing Laws

Fencing law in NY requires that a boundary fence should be constructed exactly on the property line that separates two lands. Both neighbors have equal rights in maintaining and using the fence. And if you wish to construct a fence on your own, you must get to an agreement with your neighbor first.

Disputes Over Fences

Arguments between neighbors for fences are usually resolved by the ‘fence viewers’ of the city. In case your neighbor decides to create a spite wall on their property, you have the right to sue them for any inconvenience. New York identifies any fence over 10 feet high as a spite fence. This can cause you issues by limiting the light or air towards your property. So be aware of the specific rules related to your city in NY.

Division Fencing Laws

The laws related to division fences in NY do not specifically show the maintenance responsibilities. However, for farms and ranches, neighbors are demanded to bear the cost and maintain equal portions of the fence.

Tree Trimming

This is another problem that can arise between the neighbors when there is a fence between the properties. If there are branches of your neighbor’s tree extended towards your property, you are allowed to trim them up to the property line. But if you tend to trespass and kill or damage the tree, they have the right to sue you. 

Fence Material

When choosing a material according to your taste and requirements, it is important to obey the local laws that control the type of materials that can be used to construct fences in NY. The laws can be changed according to the specific city that you are living in NY, and the characteristics of the property.  

And if there’s a landmark within your property and you want to get a fence, you have to obtain permission from the Landmark Preservation Commission. This applies to all new fence constructions, repairs, and modifications. 

If you are living on a property that falls under an HOA (Homeowners Association), you might have to follow some additional rules for fencing. Often they have restrictions on height, colors, materials, and styles.

Height Restrictions

The height of a fence is a key factor when constructing a fence in NY. There are specific rules placed in order to control the height of a fence. The main goal of creating these rules is to ensure safety, keep the standards, and minimize disputes between neighbors. 

Usually, the NY city limits allow fences to reach up to a maximum height of 10 feet. But this can sometimes be changed due to some unavoidable circumstances. In residential areas, you can build a fence up to 6 feet high. This is to ensure a uniform appearance in the neighborhood. 

The front yard fence height limits are usually lower and restricted to 4 feet in NY. This rule is placed to maintain an open environment on the fronts of the properties. If you have a property in the corner of a street, you can have a corner fence that heights up to 6 feet.

Safety Rules

Safety is important for fencing in NY. The city municipalities have placed specific laws and regulations to control the construction and maintenance of fences. 

In order to provide sufficient protection and safety, NY city limits require fences to be at least 8 feet high. Structural supports such as posts, frames, braces, and rods must be installed at designated intervals to withstand wind forces and ensure the stability of the entire fence.

Additionally, all swimming pools in NY should be enclosed with at least a 4 feet fence. And there should be a gate with locks or latches to keep the area closed when not in use. 

How do you get a fence permit in NY?

Installing a fence in NY sometimes requires a permit. If you need to obtain one, the below tips are for you,

• Identify whether you need a permit. Fences that are 6 feet high or less in the height of one or two family members do not require permits. However, for fences that will exceed this height, a permit might be essential. 
• If you require a permit, you need to prepare an application for it. You must fill out the Plan/Work Approval Application and submit it through the DOB NOW online platform. You can create an account there and fill this out.
  
• If you are willing to walk to the DOB Borough office, you can hand over the filled application to them as well. 
• The DOB will then review your application, and the processing time can be between a few days and a few weeks. You will receive a permit if approved. Then you can start installing a fence in NY.

Good Practices

As citizens in NY, you can follow a few good practices to avoid any disputes or issues that could arise when you install a fence. Before you install or repair a fence, inform it to the neighbors. Consider their thoughts about the appearance of the fence as it impacts the aesthetic of their property too. You can ask for the laws and regulations related to fencing in the area to avoid any unnecessary problems. These are some good habits that you can follow to minimize the circumstances. 

All Pro Fence: The Trusted Fencing Experts in NY Who Know the Rules

If you are looking for a fence service near NY, we can assure you the best assistance. Our experts are highly skilled and well aware of the rules and regulations for fences in NY. This expertise and knowledge will offer you a smooth and hassle-free service. Call Us Today to discuss all your needs in fencing around NY.