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Clarkstown, NY Fence Regulations: Height Limits (2026)

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

Key Facts

Solid fence at lot line
4.5 ft max
Taller solid fence
setback = 2/3 of height
Screening-required fence
6 ft, no setback
Nonsolid fence
6 ft max anywhere on lot
Section
§ 290-20B(5)

Summary

Clarkstown's zoning code caps a solid fence or freestanding wall at four and a half feet along any lot line under § 290-20B(5). A taller solid fence is allowed only if it's set back two-thirds of its own height from the line, while an open, nonsolid fence can run up to six feet anywhere on the lot.

Fences and walls. A solid fence or freestanding wall not more than four and one-half (4 1/2) feet in height is permitted along any lot line. Any such solid fence or wall over such heights is permitted, provided that it is set back from the lot line a distance equal to two-thirds (2/3) its height. However, where screening is required by town agencies or provisions hereof, such height limitation shall be six feet without setback. A nonsolid fence not more than six feet in height is permitted along any lot.

Full Breakdown

Section 290-20B lists 'Permitted obstructions in required yards, courts and usable open space,' and item (5), Fences and walls, is the Town's general fence-height standard. A solid fence or freestanding wall, one with no significant openings, may run up to four and one-half feet high directly on a lot line with no setback required. Anyone who wants a taller solid fence or wall can build it, but only by pulling it back from the lot line a distance equal to two-thirds of the fence's own height, so a six-foot solid wall would need a four-foot setback.

The code carves out one boost: where a Town agency or another provision of Chapter 290 requires screening, such as buffer areas around certain special-permit uses or screening required around larger parking lots, a solid fence or wall may go up to six feet with no setback at all. Separately, a nonsolid fence, an open style like chain-link or split-rail that lets light and view through, may reach six feet anywhere on the lot regardless of setback. The rule sits inside the bulk regulations rather than a stand-alone fence chapter, so it's enforced the same way as other yard and setback requirements, through the Building Inspector's permit review and, on appeal, the Zoning Board of Appeals.

Violations & Fines

A fence built taller than these limits, or without the required setback for an oversized solid wall, is a zoning bulk violation under § 290-34: up to $3,500 for a first offense, $3,500 to $6,000 for a second within 18 months, $8,500 to $11,000 for a third, and $11,000 to $16,000 for a fourth, with each week of continued violation a separate offense.

Frequently Asked Questions

How tall can my backyard fence be right on the property line?
A solid fence or wall tops out at four and a half feet directly on the lot line under § 290-20B(5); an open, nonsolid fence can go up to six feet in the same location.
Can I build a six-foot solid fence?
Yes, but only if you set it back from the lot line a distance equal to two-thirds of its height, so a six-foot solid wall needs a four-foot setback, unless it's fencing required for screening by the Town.
What's the difference between a solid and nonsolid fence under this rule?
The code sets a lower height cap, four and a half feet, for solid fences and walls at the lot line, and a higher one, six feet, for nonsolid fencing anywhere on the lot, though it doesn't further define 'solid' beyond that distinction in this subsection.

Sources & Official References

Other rules in Clarkstown

All Clarkstown rules

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

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