Mount Vernon's Fence Regulations: The Rules That Matter

Every city handles fence regulations a little differently. In Mount Vernon, New York, there are 4 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Retaining Walls

Mount Vernon requires a certificate of appropriateness from the Architectural Review Board before any building permit issues for a proposed retaining wall. The five-member Board reviews design, materials, height and mass at a public meeting before permitting can proceed.

Key details: Reviewing body: 5-member Architectural Review Board. Trigger: Certificate of appropriateness before building permit. Decision deadline: 62 days after public meeting. Approval expires: 1 year to permit, 2 years to complete. Default fine: Up to $250 / 15 days (§ 1-4).

Building without the required certificate of appropriateness, or violating any condition attached to one, is a violation of Chapter 10 under § 10-8F, and can be grounds for denying or revoking a building permit or certificate of occupancy, plus "fines and modification of the structure." Because Chapter 10 sets no dollar figure of its own, the citywide default penalty in § 1-4 applies: up to $250 or 15 days imprisonment for an individual, up to $500 for a corporation, and the City may also sue to compel compliance or enjoin the work under § 1-4B.

This is not one of those rules that cities tend to ignore. Mount Vernon actively enforces its retaining walls requirements.

Height Limits

Mount Vernon sets fence height by yard and district under City Code § 267-14.B: open wrought-iron or masonry fences top out at four feet in front yards, three feet if solid masonry, and six feet in side and rear yards, rising to eight feet on lots over 7,000 square feet with 75-foot frontage. The Building Department also enforces sight-triangle limits at street corners under § 267-13.C.

Key details: Front yard cap: 4 ft (3 ft if solid masonry). Side/rear yard cap: 6 ft citywide. Large-lot bonus: 8 ft if lot >7,000 sq ft, 75 ft frontage. Business street-yard cap: 6 ft (4 ft solid masonry). Industrial district cap: 8 ft in any yard.

A fence that exceeds these height caps, uses a non-open material where 25% or 75% openness is required, or sits inside a corner sight triangle is a zoning violation the Building Department can order removed on inspection or complaint. Citywide Code § 1-4 penalizes an uncorrected violation with a fine up to $250, up to 15 days in jail, or both, and up to $500 for a corporate owner, in addition to any compliance order.

Material Restrictions

Mount Vernon bans electrically charged fences, barbed-wire fences and any fence built of sharp materials citywide under City Code § 267-14.B(3)(f). The one exception lets barbed or razor wire top a fence in the I-Industrial District, but only if it sits at least eight feet above the ground, stays invisible from any residence district within 250 feet, and the City Council approves it.

Key details: General rule: No electric or barbed-wire fences citywide. Industrial exception: Barbed/razor wire allowed only in I-Industrial. Exception height: At least 8 ft above ground. Exception visibility: Not visible from residence district within 250 ft. Exception approval: Requires City Council sign-off.

Installing an electric or barbed-wire fence anywhere outside the narrow I-Industrial exception is a zoning violation the Building Department can order removed on inspection, and industrial-zone barbed wire installed without City Council approval is treated the same way. Citywide Code § 1-4 penalizes an uncorrected violation with a fine up to $250, up to 15 days in jail, or both, and up to $500 for a corporate property owner.

Compared to other cities, Mount Vernon takes a harder line on material restrictions. The enforcement and penalty structure reflects that.

Fence Permit Requirements

Mount Vernon's Building Commissioner cannot issue a permit for a fence that violates the height and material standards in City Code § 267-14B unless the Zoning Board of Appeals grants a variance under § 267-52. Front-yard fences over four feet and side or rear fences over six feet trigger that review.

Key details: Front-yard fence limit: 4 ft open / 3 ft solid masonry. Side/rear yard limit: 6 ft (8 ft on larger lots). Business district street-facing limit: 6 ft. Industrial district limit: 8 ft. Barbed wire/electric fencing: Banned outside Industrial district.

Building or maintaining a fence that violates § 267-14 without an approved variance is a zoning violation under § 267-56A: up to a $1,000 fine, up to 15 days imprisonment, or both per conviction, with each day the fence remains noncompliant counted as a separate violation. The Building Commissioner can also bring an action to compel removal or alteration of the fence.

The Bottom Line

Mount Vernon is tougher than many cities when it comes to fence regulations. Out of the 4 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Mount Vernon, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

This guide is based on Mount Vernon's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.