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North Hempstead, 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 in residence districts
6-ft exception
abuts a business or industrial district
6-ft exception
around a pool required to be fenced
Side fence rule
can't extend forward of front building line
Corner lots
no sightline-blocking fence or hedge (§70-203C)
Pre-1996 fences
grandfathered unless more than 50% repaired
Governing law
Town Code § 70-100.2A, Chapter 70 Zoning

Summary

North Hempstead limits residential fences to four feet under Town Code § 70-100.2A, and bars any fence from standing between the street and a home's effective building line. Six-foot fences are allowed only in specific situations, such as along rear and side lines or next to a business, industrial, or park property. Corner lots face an added sightline rule under § 70-203C.

Fencing within residence districts shall: ... Not be located, at any point, in the area between a public or private street and the nearest effective building line... Be constructed with the dressed side facing the street or adjacent property... Not exceed four feet in height, except that: A six-foot fence shall be permitted: [1] Where a residential district immediately abuts a business or industrial district... [5] Along the rear and side property lines but in no case shall a fence along a side property line extend forward of the front building line.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4892187; v82 updated 2026-04-21; through 04-21-2026).

Full Breakdown

2A governs fencing in every residence district. A fence cannot be located, at any point, in the area between a public or private street and the nearest effective building line, defined as the line extending a home's exterior wall to the property line; on a corner lot fronting two streets, the effective building line runs the full length of both frontages, so that lot gets no exempt front-yard fence zone. Fences must show their finished, dressed side toward the street or the neighboring property, not the structural framing.

The base height limit is four feet, but a six-foot fence is allowed in six situations: where the lot abuts a business or industrial district; where it abuts a state or county road and the home's main entrance does not face that road; where it abuts Town, county, state, village, or park-district parkland or a Nassau County recharge basin; around a swimming pool as required by § 70-102C; along the rear and side property lines, provided a side-line fence never extends forward of the front building line; and between the dwelling and the side line along the rear building line.

Hedges, privets, trees, and other plantings are not height-limited under this section, except where § 70-203C applies. That section separately forbids any wall, fence, hedge, tree, or shrub on a corner lot that obscures sightlines and creates a traffic hazard at a highway intersection, as determined by the Nassau County Police Department or the local police agency with jurisdiction. Fences erected under a Town permit before May 7, 1996 are grandfathered unless more than half the fence needs repair, at which point the repaired fence must meet the current standard. The Building Department reviews fence applications for compliance with these limits before work begins.

Violations & Fines

Fence violations fall under the Zoning Code's catch-all penalty at § 70-235K: a fine up to $1,000 for a first offense, $1,000 to $2,500 for a second offense within five years, and $2,500 to $10,000 or up to 15 days in jail for a third. Each week the noncompliant fence stays up counts as a separate violation. On corner lots, police can also order removal of any fence or planting that blocks sightlines under § 70-203C.

Frequently Asked Questions

How tall can a backyard fence be in North Hempstead?
Town Code § 70-100.2A caps residential fences at four feet, but a six-foot fence is allowed along the rear and side property lines, so long as a side fence never extends forward of the front building line. The same six-foot height also applies around a pool required to be fenced under § 70-102C.
Can I build a fence in my front yard?
No. Section 70-100.2A(2) bars any fence between the street and the home's effective building line, the line formed by extending the exterior wall to the property line. On a corner lot with frontage on two streets, that no-fence zone covers the entire building line along both streets, not just the main frontage.
What if my house sits on a corner lot?
Corner lots face an extra rule under § 70-203C: no fence, wall, hedge, tree, or shrub can be kept in a way that blocks a driver's view at the intersection. If the Nassau County Police or the local police department decides a fence creates a traffic hazard, the Town can order it altered or removed.
Is my older fence grandfathered?
A fence built under a Town permit before May 7, 1996 is exempt from the current height and setback rules in § 70-100.2A. That protection ends once more than 50% of the fence needs repair; at that point the whole fence must be rebuilt to the current four- or six-foot standard.

Sources & Official References

Other rules in North Hempstead

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