Passaic County, NJ does not regulate residential fence heights. Under New Jersey's Municipal Land Use Law (N.J.S.A. 40:55D), zoning - including fence height, setbacks, and materials - is the exclusive authority of the 16 Passaic municipalities. Typical Passaic County rules follow NJ's common pattern: 4 feet maximum in front yards (often required to be at least 50% open on corner lots) and 6 feet maximum in side and rear yards. Clifton Code Chapter 461 allows up to 8 feet on interior lines with 50% open construction. Pool barriers must comply with N.J.A.C. 5:23 (NJ Uniform Construction Code). Always check your municipal building/zoning office before installing a fence.
Passaic County does not adopt zoning ordinances for residential properties. The New Jersey Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) delegates all zoning - fence heights, accessory structures, setbacks, and lot coverage - to the municipal level through the local planning board and zoning ordinance. New Jersey has no statewide fence height limit. Passaic County's 16 municipalities (Paterson, Clifton, Wayne, Passaic City, Hawthorne, Bloomingdale, Haledon, Little Falls, North Haledon, Pompton Lakes, Prospect Park, Ringwood, Totowa, Wanaque, West Milford, Woodland Park) each set their own rules. Most Passaic towns follow the common NJ suburban pattern: front yard fences limited to 4 feet (often required to be at least 50% open if higher than 3 feet), side and rear yard fences limited to 6 feet. Clifton Municipal Code Chapter 461 (Zoning), Section on Accessory Buildings, Fences, Walls and Screening, limits fences on property lines abutting streets to 4 feet (with 50% open construction on corner or through lots), allows 6-foot solid fences for residences adjacent to business or industrial districts, and permits fences up to 8 feet on interior property lines provided they are at least 50% open construction (and 100% open within 10 feet of a street property line). Clifton additionally requires that the finished side face the neighboring property and prohibits barbed wire and razor-type fencing. Most municipalities require a zoning permit and require the finished side to face the neighboring property. Pool barriers must comply with N.J.A.C. 5:23 (the NJ Uniform Construction Code), which requires a minimum 4-foot fence with self-closing, self-latching gates. Spite-fence and adverse-possession claims are civil matters under New Jersey common law and are not enforced by the County.
Building a non-compliant fence is a violation of the local zoning ordinance, not a County ordinance. The municipality (Paterson, Clifton, Wayne, etc.) issues a notice of violation through its zoning officer or construction official. Penalties typically include daily fines (commonly $100-$1,250/day under N.J.S.A. 40:49-5) and an order to remove or modify the fence. Failure to obtain a required zoning permit can also trigger a stop-work order. Disputes between neighbors over property line location are civil matters resolved through a licensed surveyor and, if needed, the Superior Court of New Jersey - Passaic Vicinage.
See how Passaic County's height limits rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.