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North Hempstead, NY Fence Regulations: Material Restrictions (2026)

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

Key Facts

Barbed wire/electric fences
banned townwide under § 70-100.2B
Industrial exception
7-ft fence via conditional use permit
Warning signage
required every 25 feet on approved fences
Approval body
Board of Zoning and Appeals
General fence height
still capped at 4 to 6 feet
Injury-designed fences
banned outright, no exceptions

Summary

North Hempstead bans barbed wire, spikes, chipped glass, and electric fencing on any fence under Town Code § 70-100.2B, along with any fence designed to injure someone who tries to climb it. The one exception: a seven-foot barbed, razor-wire, spiked, or electric fence in an industrial district, and only after the Board of Zoning and Appeals grants a conditional use permit.

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. No fence shall be permitted which is expressly designed with the intent to injure or malign anyone who attempts to climb such a fence. The exceptions to this rule are certain types of fences listed in § 70-100.2B(2). ... A fence which is seven feet high with a barbed wire, razor wire or spiked top or an electric shock fence which would not be detrimental to the health, safety or welfare of any person coming into contact with it may be permitted in the industrial districts, upon issuance of a conditional use permit by the Board of Zoning and Appeals.

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

2B, titled "Dangerous fencing," states plainly that 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 anywhere in Town, and that no fence expressly designed with the intent to injure or malign a climber is permitted. This is a blanket rule that applies wherever a fence in the Town is regulated, not limited to one zoning district. The code carves out a single, narrow exception for industrial districts: a fence up to seven feet high topped with barbed wire, razor wire, or spikes, or an electric shock fence, may be permitted, but only by conditional use permit from the Board of Zoning and Appeals, and only on a showing either that the fence is needed to keep people out of a hazardous area or that other community-interest or safety reasons justify it.

2B(2)(b) requires the barbed or electrified nature of the fence to be posted on the fence itself at intervals of no more than 25 feet, so anyone approaching is warned before contact. 2A, which cap ordinary residential fences at four feet, rising to six feet in specific situations; a barbed or electric fence cannot be used to get around those limits by claiming a security purpose in a residential district. Outside of an approved industrial conditional use permit, installing any barbed wire, spiked, or electrified fence anywhere in North Hempstead is a straightforward code violation regardless of the property owner's intent.

Violations & Fines

Barbed wire, electric, or otherwise dangerous fencing installed without an industrial conditional use permit falls under the Zoning Code's catch-all penalty at § 70-235K: 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 fence stays up counts as a separate violation, so an owner who ignores a correction notice keeps accumulating exposure.

Frequently Asked Questions

Is barbed wire fencing legal in North Hempstead?
Only in industrial districts, and only with a conditional use permit from the Board of Zoning and Appeals under § 70-100.2B(2). Everywhere else in Town, barbed wire, spikes, chipped glass, and electric fencing are banned outright on any fence, whether it sits on a residential or a commercial property.
Can I put an electric fence around my yard for security?
No. Section 70-100.2B(1) bans electricity as part of any fence townwide, and separately bars any fence expressly designed to injure someone who tries to climb it. An electric fence is allowed only in an industrial district, capped at seven feet, and only after the Board of Zoning and Appeals issues a conditional use permit.
What must an approved barbed wire fence look like?
Section 70-100.2B(2)(b) requires that wherever a barbed or electrified industrial fence is permitted, its dangerous nature must be clearly marked on the fence at intervals of no more than 25 feet, so people approaching are warned before they make contact.

Sources & Official References

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