Fence Regulations in Toms River, NJ

If you live in Toms River or are thinking about moving there, fence regulations are one of those things you probably won't think about until they affect you directly. Toms River has 5 specific rules on the books covering different aspects of fence regulations, and some of them might surprise you.

Retaining Walls

Toms River Township caps retaining wall height at one-third the horizontal distance to the nearest building foundation and requires engineered construction in slope-control areas.

Key details: Height limit: 1/3 of distance to building. Governing section: § 348-8.7H(5). Approved materials: Treated timber, concrete, reinforced masonry. Design review: Planning Board Engineer approval required.

A retaining wall that exceeds the one-third height ratio or skips Planning Board Engineer review can be rejected at plan approval or ordered modified before a certificate of occupancy issues.

Height Limits

Toms River Township caps fences at 30 inches between the street and the building line, and at 72 inches everywhere else on the lot, including the sides and rear, under §§ 291-3 and 291-4 of the Township Code. Vision-obscuring hedges and brush near intersections face a separate 2.5-foot height limit under § 291-6, and violating the article can draw up to a $1,000 fine.

Key details: Front-yard fence cap: 30 inches, street to building line. Rear/side fence cap: 72 inches (6 feet). Corner sightline cutback: 2.5 feet within 25 ft of intersections. Adopted: Dec. 9, 2008, Ord. No. 4168-08. Max penalty: $1,000 fine or 60 days jail.

Section 291-9 makes any violation of Article II, including exceeding the 30-inch front-yard or 72-inch rear/side-yard height limits, punishable by a fine of not more than $1,000 or imprisonment for not more than 60 days, or both, in addition to any other remedy available under the article or state law. Barbed-wire or sharp-projection fencing violations under Article I carry a separate, lighter penalty of up to $200 or 30 days in the county jail under § 291-2.

Neighbor Fence Rules

Toms River Township bars anyone from erecting a barbed-wire or electrically charged fence or wall on their own land unless the adjoining property owner consents to it first.

Key details: Consent required from: adjoining property owner. Applies to: barbed wire, electric fences. Max fine: $200. Max jail term: 30 days. Governing section: § 291-1.

Erecting or keeping a barbed-wire or electrically charged fence without the adjoining owner's consent, or facing sharp projections toward a public street, draws a fine up to $200 or 30 days in jail.

This is not one of those rules that cities tend to ignore. Toms River actively enforces its neighbor fence rules requirements.

Material Restrictions

Toms River Township's zoning code bans barbed wire, canvas, cloth, electrically charged, and expandable or collapsible fencing in every zone, including residential lots, under its Land Use and Development Regulations.

Key details: Banned materials: barbed wire, canvas, cloth, electric. Also banned: expandable and collapsible fences. Applies to: all zones, residential included. Governing section: § 348-8.13C.

Erecting a fence made of a prohibited material, barbed wire, electrically charged fencing, canvas, cloth, or an expandable/collapsible design, violates the Land Use and Development Regulations and can be ordered removed.

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

Fence Permit Requirements

Toms River Township requires a building permit before erecting any solid-construction fence under § 291-5 of the Township Code, with the fee originally set by Ordinance No. 1167. That 1971 fee ordinance was itself repealed in 1993, so current fence permit fees now run through the township's general construction permit process administered by the Office of Construction Permits and Inspections under Chapter 252.

Key details: Permit required: Before any solid-construction fence is built. Original fee ordinance: Ord. No. 1167 (1971), repealed 1993. Current fee process: Ch. 252 construction permit process. Enforcing agency: Office of Construction Permits and Inspections. Max penalty: $1,000 fine or 60 days jail.

Erecting a fence without the required permit violates Article II of Chapter 291 and is punishable under § 291-9 by a fine of not more than $1,000 or imprisonment for not more than 60 days, or both, in addition to any other remedy available under the article or state law; the Office of Construction Permits and Inspections, the enforcing agency under § 252-2, handles the underlying permit process.

The Bottom Line

Toms River is tougher than many cities when it comes to fence regulations. Out of the 5 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Toms River, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

All of the above reflects Toms River's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.