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Oyster Bay, NY Fence Regulations: Material Restrictions (2026)

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

Key Facts

Residence districts
Barbed wire and electric fencing banned outright
Public streets
Barbed wire banned along any street
Nonresidence districts
Allowed only with ZBA approval, public hearing
Minimum fence height
6 feet before barbed wire allowed
Signage
Warning sign required wherever installed
First offense fine
Up to $350 or 6 months jail

Summary

Barbed wire, electrically charged fencing and any fence built of sharp materials are banned outright in every residence district and along public streets in the Town of Oyster Bay. Nonresidence districts get a narrow exception: barbed wire is allowed only atop a fence at least six feet tall, and only after the Zoning Board of Appeals approves it at a public hearing.

Electrically charged fences, barbed wire fences and other fences constructed of sharp materials are not permitted within residence districts or along public streets. No barbed wire or similar fence or any fence in which barbed wire or similar wire is used shall be erected, maintained or used except in nonresidence districts, and subject to approval of the Zoning Board of Appeals in accordance with the following conditions and after a public hearing: The fence on which barbed wire is to be used is six feet or higher; The construction of the barbed wire and fence meets the specifications of the Zoning Board of Appeals; The use of barbed wire will not prevent the reasonable and orderly use of adjacent properties; ... Wherever barbed wire is installed, a sign must be posted cautioning the public about said barbed wire.

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

2 flatly bars electrically charged fences, barbed wire fences and any other fence built of sharp materials from every residence district and from any location along a public street, regardless of zoning district. 7 are met. The fence carrying the barbed wire must already be at least six feet tall; the barbed wire and fence construction have to meet ZBA specifications; the installation cannot block the reasonable and orderly use of adjacent properties or of permitted uses in that district or neighboring districts; it cannot endanger the health, safety or welfare of Town residents; and, where it tops a six-foot-or-higher chain-link fence around an open storage area such as a car lot or industrial supply yard, it has to actually function to keep out unauthorized access.

Wherever barbed wire ends up installed, the code requires a posted sign warning the public about it. There is no comparable path to approval in a residence district: the ban there is not conditional, so an ordinary homeowner's fence cannot carry barbed wire or electrified wire no matter how it is built or how high it sits.

Violations & Fines

Installing barbed wire, electrified fencing or a sharp-material fence in a residence district, along a public street, or in a nonresidence district without the required Zoning Board of Appeals approval is a zoning violation under § 246-14.7.1: a fine up to $350 for a first offense, $350 to $700 for a second offense within five years, and $700 to $1,000 for a third or later offense within five years, plus possible jail time up to six months.

Frequently Asked Questions

Can I put barbed wire on my fence in Oyster Bay?
Not if you live in a residence district or your fence sits along a public street: § 246-4.7.2 bans barbed wire, electrified fencing and sharp-material fencing there outright. In a nonresidence district, barbed wire is allowed only on a fence that is already six feet or taller, and only with Zoning Board of Appeals approval granted after a public hearing.
What does the Zoning Board look at before approving barbed wire?
Under § 246-4.7.2.1 through .2.7, the fence carrying the wire must be at least six feet tall, the construction must meet ZBA specifications, and the barbed wire cannot interfere with the reasonable use of adjacent or nearby properties or endanger public health, safety or welfare. A warning sign must also be posted wherever barbed wire is installed.
Is electric fencing treated the same as barbed wire?
Yes. Section 246-4.7.2 groups electrically charged fences with barbed wire and other sharp-material fencing under one ban: none of them are permitted in residence districts or along public streets, and all are subject to the same Zoning Board of Appeals approval process if proposed in a nonresidence district.

Sources & Official References

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