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Hamburg Village, NY Fence Regulations: Material Restrictions (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Banned materials
Barbed wire, spikes, chipped glass, electricity or similar
Exception authority
Village Board conditional use permit
Findings available
Four listed grounds, including hazard and stored equipment
Warning signage
Marked as barbed or electrified at intervals of not more than 50 feet
Maximum height if permitted
Eight feet
Permit
Village Building Inspector, before work starts

Summary

In the Village of Hamburg, New York, barbed wire, spikes, chipped glass, electricity or similar materials cannot be used with any fence. The Village Board can issue a conditional use permit on four listed findings, and any permitted barbed or electrified fence is capped at eight feet and marked every 50 feet.

C. Barbed, electrical, and other fences. (1) In no case shall barbed wire, spikes, chipped glass, electricity or similar materials or devices be used in conjunction with or as part of any fence. (2) Exceptions to this provision may be permitted upon issuance of a conditional use permit issued by the Village Board where it can be determined that: (a) The fence is needed to prevent entry to an area which could be hazardous to the health, safety or welfare of a person or persons. ... (3) Where such fences are permitted, the fact that they are either barbed or electrified shall be clearly indicated on the fences at intervals of not more than 50 feet. Such fence shall not exceed eight feet in height and must not be detrimental to the health, safety or welfare of any person coming into contact with it.

Full Breakdown

Section 250-24.10(C) of the Village of Hamburg Code bans dangerous fence materials in every district. In no case shall barbed wire, spikes, chipped glass, electricity or similar materials or devices be used in conjunction with or as part of any fence. The ban covers a residential back yard and a commercial lot alike, because § 250-24.10 applies in all districts.

Exceptions require a conditional use permit issued by the Village Board, and only where the Board determines one of four things. First, the fence is needed to prevent entry to an area which could be hazardous to the health, safety or welfare of a person or persons. Second, the fence is needed to secure an area where materials or equipment are stored. Third, the fence is needed to keep animals other than common household pets, except in a kennel situation, from leaving the site. Fourth, in the Village Board's opinion, resources are presented which in the general community interests, or interests of national safety, justify the need for such a fence.

A permitted fence carries conditions. Under (C)(3), the fact that it is barbed or electrified must be clearly indicated on the fence at intervals of not more than 50 feet. The fence shall not exceed eight feet in height and must not be detrimental to the health, safety or welfare of any person coming into contact with it. The fence also still needs the Village Building Inspector's permit under the opening paragraph of § 250-24.10, and the ordinary three-foot front yard and six-foot side or rear yard limits in (B) otherwise apply.

Violations & Fines

Using barbed wire, spikes, chipped glass or electricity on a fence without a Village Board conditional use permit violates § 250-24.10(C). The Code Enforcement Officer serves a notice of violation and correction order with a 30-day correction period unless the chapter sets another. A first offense under § 250-18.2(C) is a fine not exceeding $250 or up to 15 days in jail, or both, and each week's continued violation is a separate additional violation.

Frequently Asked Questions

Can I put barbed wire on a fence in the Village of Hamburg?
Not without a conditional use permit from the Village Board. Section 250-24.10(C)(1) says in no case shall barbed wire, spikes, chipped glass, electricity or similar materials or devices be used with any fence. The Board can grant an exception only on one of the findings listed in (C)(2).
What reasons can the Village Board accept for a barbed or electric fence?
The fence must be needed to prevent entry to a hazardous area, to secure an area where materials or equipment are stored, or to keep animals other than common household pets from leaving the site. The Board can also act where resources are presented that justify the fence in the general community interests or interests of national safety.
What conditions apply to a barbed or electric fence once approved?
Section 250-24.10(C)(3) requires clear indication on the fence that it is barbed or electrified at intervals of not more than 50 feet. The fence cannot exceed eight feet in height and must not be detrimental to the health, safety or welfare of any person coming into contact with it.

Sources & Official References

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