Colonie, NY Fence Regulations: Neighbor Fence Rules (2026)

The Town of Colonie's Zoning Law sets height, location, and permit rules but does not resolve private boundary disputes between neighbors - those are governed by New York State law. RPAPL section 843 provides that a structure erected in the nature of a fence maliciously and unnecessarily to annoy an adjoining owner, exceeding 10 feet in height, is a private nuisance and the injured owner may sue for damages and an injunction; the plaintiff must prove both excessive height and the dominant purpose of malice (not screening, privacy, or wind block). NY Real Property Law section 240-a, where it applies, similarly addresses partition fences. NY Town Law sections 300 through 326 give the town's elected/appointed 'fence viewers' authority to assign equitable shares of partition-fence costs between abutting rural landowners, but this remedy is rarely invoked in suburban Colonie and most disputes are handled by survey, easement, and small-claims court. The 'good side out' convention (finished side facing the neighbor) is a Colonie zoning permit requirement (see fences/permits), not a state law. Encroachment over a boundary line - even by a single inch - can trigger an adverse-possession or quiet-title claim under RPAPL Article 5 if undisturbed for 10 years (NY CPLR 212), so a current survey is critical before installation.