In New York City, fences in a front yard of a Residence District may not exceed 4 feet above adjoining grade (6 feet allowed on the qualifying portion of a corner lot). The NYC Administrative Code caps residence-district fences at 6 feet overall and non-residence-district fences at 10 feet.
Two layers of New York City law govern fence height. The Zoning Resolution, Section 23-312 (Additional permitted obstructions generally permitted in all yards), allows 'Fences, not exceeding four feet in height above adjoining grade in any front yard, except that for corner lots a fence may be up to six feet in height within that portion of one front yard that is between a side lot line and the prolongation of the side wall of the residence facing such side lot line.' Separately, the NYC Administrative Code (Building Code Article 18), Section 27-509 (Permitted heights), provides that in residence districts no fence of masonry, steel, wood or any other material may be erected to a height of more than six feet above the ground, while in non-residence districts fences may reach a maximum height of ten feet. Fences used in conjunction with nonresidence buildings and public playgrounds (excluding buildings accessory to dwellings) may reach fifteen feet, and the commissioner may permit higher fences for public playgrounds, school yards, and parks. NYC's 311 guidance confirms that in lower-density districts (R1 through R5) front-yard fences are capped at 4 feet, while fences lawfully built before April 30, 2008 could be 6 feet.
A fence exceeding the permitted height is an enforcement matter for the Department of Buildings. DOB may issue a violation, a stop-work order, or an order to remove/reduce the fence, with civil penalties under NYC Administrative Code Title 28; non-compliance can be referred to the Office of Administrative Trials and Hearings (OATH).
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