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Oyster Bay, NY Fence Regulations: Height Limits (2026)

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

Key Facts

Fence height, street yard
4 feet above grade, § 246-4.7.1
Fence height, other yards
6 feet above grade, § 246-4.7.1
R1-5A/R1-2A/R1-1A and nonresidence
6 feet allowed in any yard
Outside required yard
Up to 10 feet allowed
Corner sight triangle
Max 2.5 feet, 30-foot triangle, § 246-4.4.4
Over 6 feet, nonresidence
Needs ZBA variance or site plan OK

Summary

Fences and walls in the Town of Oyster Bay top out at four feet in any yard facing a street and six feet in other required yards, except in the R1-5A, R1-2A and R1-1A Districts and all nonresidence districts, where six feet is allowed anywhere on the lot. Fences outside a required yard can run up to 10 feet.

A fence or wall, or any combination thereof, not located within a required yard shall not exceed 10 feet in height. Fences and walls, including retaining walls, are permitted within required yards, provided that, except in R1-5A, R1-2A and R1-1A Districts, such fences or walls, or combination thereof, do not extend more than four feet above grade in any yard abutting a street, and six feet above grade in any other required yard. ... In the R1-5A, R1-2A and R1-1A Districts and in all nonresidence districts, fences or walls, or a combination thereof, up to six feet in height above grade are permitted in any yard. Any fence or wall in nonresidence districts over six feet in height will require approval from the Zoning Board of Appeals, unless a site plan approval is granted from either the Town Board or Planning Advisory Board. [§ 246-4.4.4] Obstructions to visibility which exceed 2.5 feet in height, other than tree trunks, shall be prohibited on corner lots in the triangle formed by intersecting street right-of-way lines, and a line joining points located along such street right-of-way lines, which are 30 feet from the theoretical point of intersection of such lines, as extended.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4036544; v24 updated 2023-03-07; through 03-07-2023).

Full Breakdown

1 sets the baseline: a fence or wall not sitting inside a required yard can rise to 10 feet, while one built inside a required yard is held to four feet in any yard abutting a street and six feet in any other required yard. Three districts get more room: in the R1-5A, R1-2A and R1-1A Districts, and in every nonresidence district, a fence or wall up to six feet is permitted in any yard, front, side or rear, without the four-foot street-yard cap. Go over six feet in a nonresidence district and the fence needs either a variance from the Zoning Board of Appeals or a site plan approval from the Town Board or the Planning Advisory Board.

Height is measured from the existing grade, and along a street or front lot line it is measured from the elevation of the center line of that street. 5 feet, other than tree trunks, inside the triangle formed by the two street right-of-way lines and a line connecting points 30 feet from their theoretical intersection. In a nonresidence district, a fence with a finished side has to turn that finished face toward the street or the neighboring property, and any landscaping the code requires along that fence goes on the side facing into the lot unless the fence runs along a street.

Violations & Fines

A fence built over height or inside the sight triangle is a zoning violation under § 246-14.7.1: a first offense carries a fine up to $350 or up to six months in jail, a second offense within five years $350 to $700, and a third or later offense within five years $700 to $1,000, with each week the fence stays up counted as a separate violation.

Frequently Asked Questions

How tall can my backyard fence be in the Town of Oyster Bay?
Inside a required rear yard, a fence is capped at six feet above grade under § 246-4.7.1. In the R1-5A, R1-2A and R1-1A Districts, and in nonresidence districts generally, six feet is allowed in any yard including the front. Outside a required yard altogether, a fence or wall can go as high as 10 feet.
Can I put up a six-foot fence along the street in front of my house?
In standard residence districts, § 246-4.7.1 limits any fence in a yard abutting a street to four feet above grade. The R1-5A, R1-2A and R1-1A Districts and every nonresidence district get an exception: a six-foot fence is allowed in any yard there, street-facing or not.
Does my fence need to keep clear of a corner sight triangle?
Yes. Section 246-4.4.4 bans fences, walls, hedges and trees over 2.5 feet tall, other than tree trunks, inside the triangle formed by a corner lot's two street right-of-way lines and a line connecting points 30 feet from where those lines would theoretically meet.

Sources & Official References

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