Skip to main content
CityRuleLookup

Brookhaven, NY Fence Regulations: Height Limits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Base fence height
4 feet, ground to top
Rear-yard exception
6 feet after residence is built
Corner visibility limit
2.5 feet within 30 feet of corner
Retaining-wall fences
Measured from base of wall
Agricultural fencing
6-foot wire strand allowed
Barbed/electric wire
Prohibited in base district

Summary

Brookhaven caps residential fences at four feet, measured to the highest point, unless a six-foot fence qualifies for the rear-yard exception in Town Code § 85-190B(4). Fences along a corner lot's street frontage must drop to two and a half feet within 30 feet of any intersecting streets to preserve sight lines, and barbed or electrified wire is barred outright.

No fence may be erected having a height greater than four feet as measured from the ground to the highest component of the fence, or where a fence is mounted on top of a retaining wall or artificially created berm as measured from the bottom of the retaining wall or artificially created berm to the highest component of the fence, except as follows: ... If such fence shall be erected along any street, the permitted height thereof shall be measured from the existing elevation of the center line of such street opposite such fence, unless such fence is of open woven wire or other such design as will not obstruct sight visibility. Such height so measured shall not exceed 2 1/2 feet at any point within a radius of 30 feet of the corner formed by any intersecting streets. The provisions hereof shall also apply to hedges or any other densely growing shrubbery.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4966897; v79 updated 2026-05-28; through 05-28-2026).

Full Breakdown

Town Code § 85-190B(4), governing the A Residence District, sets a base four-foot fence height measured from the ground to the highest component of the fence. Where a fence sits on top of a retaining wall or an artificially created berm, that four feet is measured from the bottom of the wall or berm to the top of the fence, so a homeowner cannot buy extra height by building on a raised platform. The code allows a taller, six-foot fence only in the rear yard once a residence has been built: on an interior lot it can run along the rear lot line and side lot lines up to the front foundation line; on a corner lot it can run along the rear lot line and secondary front lot line but may not project into the required primary front yard; and on a through lot it can run along both side lot lines and the secondary front lot line (§ 85-190B(4)(a)).

Any fence erected along a street has its height measured from the center line of that street, and within a 30-foot radius of any intersecting-street corner the fence, hedge or dense shrubbery cannot exceed two and a half feet, unless it is open woven wire or another design that does not block sight lines (§ 85-190B(4)(b)). Agricultural lots get a carve-out: wire-strand or open woven wire fencing up to six feet is allowed on all lot lines of land principally used for agriculture, though it still drops to four feet within the 30-foot corner radius (§ 85-190B(4)(c)).

Barbed wire, ribbon wire and electrified fencing are prohibited outright in this district's base rule, and where allowed at all require Planning Division or Zoning Board of Appeals approval (§ 85-190B(4)(d)).

Violations & Fines

Fence violations fall under the Chapter 85 general penalty at § 85-158A: a first offense draws a fine of $2,500 to $6,000 or up to 15 days in jail, or both; a second offense within five years draws $5,000 to $10,000; and a third offense draws $7,500 to $15,000 and up to six months in jail. Each week the fence remains noncompliant is a separate violation.

Frequently Asked Questions

How tall can a fence be in a Brookhaven front yard?
The base limit is four feet, measured from the ground to the highest part of the fence, under Town Code § 85-190B(4). The six-foot rear-yard exception cannot extend into the required primary front yard on a corner lot.
What is the corner visibility rule for fences?
Within a 30-foot radius of the corner formed by any intersecting streets, a fence, hedge or dense shrubbery cannot exceed two and a half feet in height, measured from the street center line, unless it's open woven wire that doesn't block sight lines (§ 85-190B(4)(b)).
Does putting a fence on a retaining wall let me build higher?
No. Section 85-190B(4) measures the four-foot limit from the bottom of the retaining wall or berm to the top of the fence when a fence sits on top of one, so the combined wall-and-fence height is capped the same as a ground-level fence.
Are barbed-wire fences legal in Brookhaven?
In the base A Residence District rule, barbed-wire, ribbon-wire and electrical fencing are prohibited outright under § 85-190B(4)(d). Some other districts allow it only with Planning Division or Zoning Board of Appeals approval.

Sources & Official References

Other rules in Brookhaven

All Brookhaven rules

How Brookhaven compares: Cities That Allow the Tallest Residential Fences·New York rules heatmap·Compare Brookhaven to another location·View the New York fence regulations overview

Get notified when Height Limits in Brookhaven, NY changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.

Height Limits in Nearby Cities

How other cities in Suffolk County handle height limits.

Babylon, NY
Some Restrictions
Huntington, NY
Some Restrictions
Islip, NY
Some Restrictions