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Fence Regulations

How New Rochelle Handles Fence Regulations: A Practical Guide

By CityRuleLookup Editorial Team

New Rochelle maintains 130 local ordinances across all categories, and 4 of those deal specifically with fence regulations. Here is a breakdown of what the city actually requires, what is prohibited, and where New Rochelle falls on the strict-to-permissive spectrum compared to other cities.

Height Limits

New Rochelle caps fences and walls at four feet in a required front yard and six feet in a side or rear yard. Extra rules tighten that further along a residence district's side lot line and loosen it for fences between residential and nonresidential zones or around tennis courts.

Key details: Front yard fence height: 4 feet max. Side/rear yard fence height: 6 feet max. Fence separating res/nonres zones: Up to 7 feet. Corner lot street-side fence: 4 feet max. Tennis court enclosure: 10 feet, 3/4-open.

A fence or wall built taller than § 331-16 allows, or placed outside the property's lot lines, is a Zoning Code violation under § 331-140. The Building Official can require the fence cut down or removed, and the property owner faces a fine up to $2,500 for a first offense and up to $5,000 for a repeat offense within three years, plus up to 15 days in jail and a separate violation for each day it stays up.

Material Restrictions

New Rochelle bans electrically charged fences, barbed wire and any other sharp-material fencing in every residentially zoned district. The same ban reaches into nonresidential districts wherever the barbed wire would be visible from the street or from a nearby residential zone.

Key details: Barbed wire fences: Banned in all residential districts. Electrically charged fences: Banned in all residential districts. Nonresidential exception: Barred if visible from street/residential zone. Adopted: Ord. No. 90-2004. Governing section: City Code § 331-16H.

Installing or keeping a barbed-wire or electrically charged fence where § 331-16H bars it is a Zoning Code violation under § 331-140. The Building Official can order the fence removed, and the property owner faces a fine up to $2,500 for a first offense, up to $5,000 for a repeat offense within three years, up to 15 days in jail, and a separate violation for each day the fence remains.

This is not one of those rules that cities tend to ignore. New Rochelle actively enforces its material restrictions requirements.

Fence Permit Requirements

New Rochelle lets homeowners put up a fence up to six feet tall without a building permit, as long as it is accessory to a dwelling, follows the Zoning Ordinance, does not block a required exit and is not part of an outdoor swimming pool enclosure. Taller fences, commercial fences and pool-enclosure fences fall back under the Section 111-8 permit requirement.

Key details: Exempt height: Fences up to six feet, accessory to a dwelling. Must not do: Obstruct egress or enclose a swimming pool. Pool fences: Always require a building permit. Zoning still applies: Must meet Ch. 331 Zoning Ordinance standards regardless.

A fence that exceeds six feet, is not accessory to a dwelling, blocks egress, or is required around a swimming pool but was built without a permit violates Section 111-8's general permit requirement. The Building Official can order it removed as an unpermitted structure under Section 111-14 and require the owner to file for and obtain the missing permit before the fence may remain.

Retaining Walls

New Rochelle requires anyone who raises or lowers the grade at a property line to build a retaining wall on their own land and at their own expense under City Code § 111-24. The wall must be built high enough to hold back the adjoining earth, properly coped, and topped with a guardrail or fence at least three feet tall. The Bureau of Buildings enforces the rule as part of Chapter 111.

Key details: Governing section: § 111-24, Retaining Walls. Minimum guardrail height: 3 feet. Who builds it: Person changing the grade, own expense. Enforcing agency: Bureau of Buildings / Building Official. First offense fine: Up to $2,500.

Violating the retaining wall or related fill provisions falls under Chapter 111's general penalty section, § 111-40. The Building Official first serves a notice of violation ordering the illegal condition abated; if the owner does not comply, the Corporation Counsel can sue to compel compliance. Fines run up to $2,500 for a first offense and up to $5,000 for a second or later offense within three years, imprisonment up to 15 days, or both, and each day the violation continues after notice is a separate offense.

The Bottom Line

New Rochelle's fence regulations rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming New Rochelle is broadly strict or permissive.

These rules come from New Rochelle's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.