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Clay, NY Fence Regulations: Height Limits (2026)

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

Key Facts

General fence height cap
7 feet
Wire fences
exempt from 7-ft cap
Front/side yard cap
2 1/2 feet
Easements/rights-of-way
no fence allowed
Fine for violation
up to $750, § 230-9A

Summary

In the Town of Clay, a residential fence other than a wire fence cannot exceed 7 feet anywhere on the lot, and no fence or hedge in the front or side yard between the street line and the setback line may exceed 2 1/2 feet under § 230-20B(2).

No wall or fence, other than a wire fence, shall be erected, replaced or maintained on any residential lot having a height in excess of seven feet. ... No fence or hedge having a height in excess of 2 1/2 feet shall be erected, replaced or maintained in the front yard or side yard between the street line and the setback line. ... Fences cannot be erected across any easement or right-of-way.

Full Breakdown

Section 230-20B(2)(a) of the Town Code, added by Local Law No. 3-2006, caps residential fence and wall height at 7 feet, with an exception for wire fences, which are not subject to that limit. A stricter rule applies closer to the street: under § 230-20B(2)(b), no fence or hedge in the front yard or side yard between the street line and the setback line may exceed 2 1/2 feet, protecting sightlines near the road. Section 230-20B(2)(c) separately bars erecting any fence across an easement or right-of-way, regardless of height.

Fences located in a designated flood zone must additionally comply with Chapter 112, Flood Damage Prevention, per § 230-20B(2)(d), and any fence surrounding a swimming pool must meet the separate pool provisions of § 230-20B(3) under § 230-20B(2)(e). These standards apply on top of, not instead of, the Town's general building-permit and fee requirements for fence construction under § 80-4 and § 105-4, so a homeowner planning a tall privacy fence in a rear yard, or a low fence near the street, needs to check both the height limit and the permit process before installing it.

Violations & Fines

A fence built taller than the 7-foot general limit or the 2 1/2-foot street-side limit is a zoning violation under § 230-9A: a fine of up to $750 or up to 15 days imprisonment, with each week of a continuing violation treated as a separate offense, plus possible injunctive relief under § 230-9B ordering the fence altered or removed.

Frequently Asked Questions

How tall can my backyard fence be in the Town of Clay?
Up to 7 feet for most residential fences under § 230-20B(2)(a). Wire fences are exempt from that 7-foot cap entirely.
How tall can a fence be near the street?
No more than 2 1/2 feet in the front yard or side yard between the street line and the setback line, per § 230-20B(2)(b).
Can I put a fence across my drainage easement?
No. Section 230-20B(2)(c) bars erecting a fence across any easement or right-of-way, regardless of the fence's height.

Sources & Official References

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

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