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Southampton, NY Fence Regulations: Material Restrictions (2026)

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

Key Facts

Barbed wire
Prohibited along any public highway property line
Electric fences
Prohibited in all zones without Planning Board authorization
Livestock exception
No Planning Board approval needed for livestock fencing
Permit
Building Inspector permit required for authorized electric fences
Underground dog fences
Exempt from approval and permit requirements
Barbed wire penalty
Up to $1,000 fine or 15 days jail
Enforcing agency
Department of Land Management, Building Inspector

Summary

In the Town of Southampton outside the villages, Town Code § 287-10 forbids any barbed-wire fence along a public highway property line, and § 330-109D strictly prohibits electric fences in every zoning district unless the Planning Board grants written authorization. Livestock owners are excused from that approval, but every authorized electric fence still needs a Building Inspector permit and posted shock warnings.

§ 287-10. Barbed-wire fencing prohibited. Barbed-wire fencing along the property line of any public highway shall be prohibited. ... D. Electrical fences. The use of any fence which delivers an electric shock, charge or current to any animal or human being when contact is made shall be strictly prohibited in all zones, unless authorized by the Planning Board. ... No electrical fence shall place the safety of residents in jeopardy, and conspicuous notices shall be affixed to the fence to warn of the potential for electric shock. (4) Underground electrical dog fences shall not require Planning Board approval or a permit from the Building Inspector.

Full Breakdown

The Town of Southampton's Department of Land Management enforces two separate material bans that apply to fences on unincorporated land outside the incorporated villages. Town Code § 287-10, in the Streets and Sidewalks chapter, prohibits barbed-wire fencing along the property line of any public highway anywhere in the Town; violations of that article carry a fine of up to $1,000 or 15 days' imprisonment, or both, under § 287-11. Separately, the Zoning Code's fence provision, § 330-109D, added by Local Law No. 17-1996, strictly prohibits any fence that delivers an electric shock, charge or current to a person or animal on contact, in every zoning district, unless the Planning Board specifically authorizes it.

The Planning Board waives its own approval only where the premises keeps livestock, including horses, per § 330-109D(1). Even a Planning-Board-authorized or livestock-exempt electrical fence still needs a permit from the Building Inspector before installation, and the property owner must post conspicuous shock warnings so the safety of residents is not put at risk, per § 330-109D(2) and (3). The one carve-out that needs neither approval nor a permit is an underground electrical dog fence, § 330-109D(4), because it delivers no exposed shock hazard to people passing by.

A property owner who ignores § 330-109D and puts up an above-ground electric fence without Planning Board sign-off is in violation of the Zoning Code, and under the general zoning penalty, § 330-186B, a first offense carries a fine of up to $1,000 or up to six months in jail, rising to $500 to $1,500 for a second offense within five years and $1,500 to $2,500 for a third, with each week of continued violation counted as a separate offense.

Violations & Fines

A barbed-wire fence along a public highway is punishable under § 287-11 by a fine up to $1,000, up to 15 days' imprisonment, or both. An unauthorized electric fence violates the Zoning Code and falls under § 330-186B's general penalty: up to $1,000 or six months in jail for a first offense, $500 to $1,500 for a second offense within five years, and $1,500 to $2,500 for a third, with each week counted as a separate violation.

Frequently Asked Questions

Can I put up a barbed-wire fence in Southampton?
No. Town Code § 287-10 flatly prohibits barbed-wire fencing along the property line of any public highway anywhere in the Town outside the villages. A violation is enforced under § 287-11 and carries a fine of up to $1,000, up to 15 days' imprisonment, or both, so replacing an old barbed-wire fence line along a road frontage with another material is required, not optional.
Are electric fences legal on residential property?
Only with Planning Board authorization. Section 330-109D strictly prohibits fences that deliver an electric shock in every zoning district unless the Planning Board approves one, and even an approved fence needs a Building Inspector permit plus posted warning signs. The only automatic exception is for premises keeping livestock, including horses, which need no Planning Board sign-off.
Does an invisible dog fence need approval?
No. Section 330-109D(4) specifically exempts underground electrical dog fences from both Planning Board approval and a Building Inspector permit, because the wire is buried and delivers no exposed shock hazard to passersby, unlike an above-ground electric fence around a whole property.
What happens if Code Enforcement finds an illegal barbed-wire or electric fence?
The Department of Land Management can order it removed. A barbed-wire fence along a highway frontage is punishable under § 287-11 by a fine up to $1,000 or 15 days in jail; an unauthorized electric fence is a zoning violation under § 330-186B, escalating from a $1,000 first-offense fine to $1,500 to $2,500 for a third offense within five years.

Sources & Official References

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