Passaic, NJ Fence Regulations: Neighbor Fence Rules (2026)
Key Facts
- Rear/side fence max
- 6 feet (§ 317-50A(1)(b))
- Front yard fence max
- 4 feet (§ 317-50A(1)(a))
- Neighbor condition
- Finished side must face adjacent property
- Drainage rule
- Fences blocking drainage prohibited (§ 317-50A(3))
- Max penalty
- $2,000 fine or 90 days (§ 1-3)
Summary
Passaic lets a rear or side yard fence run up to six feet high under City Code § 317-50A(1)(b), but only on condition that the finished side faces the neighboring property, the code says such a fence 'shall not constitute an eyesore' to the adjoining owner, while anything in the front yard, defined as the entire front of the lot to the corner of the house, is capped at four feet.
(1) The yard requirements of this chapter shall not be deemed to prohibit the following types of otherwise lawful fences and walls: (a) A fence not exceeding four feet in height. (b) A fence not exceeding six feet in height across the rear lot line of the property and along the side lot lines from the rear lot line to a point equal to the rear line of the dwelling if extended to said side line, and provided that the side of any such fence facing an adjacent property shall be finished and shall not constitute an eyesore to such adjacent property owner or occupant. The front yard, which includes the entire front of the property to the corner of the house, shall be no higher that four feet.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4978046; v41 updated 2026-07-01; through 07-01-2026).
Full Breakdown
§ 317-50A(1)(b), amended in 2003 by Ordinance No. 1594-03, raises that ceiling to six feet, but only across the rear lot line and along the side lines from the rear line to a point matching the rear line of the dwelling extended to the side line, and it comes with an explicit neighbor-facing condition: the side of the fence facing the adjacent property has to be finished and can't be an eyesore to that neighbor. The same subsection reconfirms the front yard limit at four feet, measuring the front yard as the entire area of the lot to the corner of the house.
Fences under six feet that meet these conditions are exempt from Chapter 317's yard-requirement review entirely, the code frames § 317-50A(1) as a list of fence and wall types the yard requirements 'shall not be deemed to prohibit,' so a compliant finished-side fence doesn't need a separate variance. Two more requirements in § 317-50A protect the same relationship between neighboring lots: § 317-50A(3) bars any fence or wall that impedes the natural flow of drainage across a property line, and § 317-50A(4) requires every fence to meet the corner sight-clearance triangle specified elsewhere in the article.
Violations & Fines
A fence over six feet on a rear or side line, an unfinished side turned toward the neighbor, or a fence blocking drainage across the property line violates § 317-50A, and the administrative officer serves written notice under § 317-68 with a deadline to cure. Chapter 317 has no fence-specific fine, so the citywide § 1-3 general penalty applies: up to a $2,000 fine, up to 90 days' imprisonment, or up to 90 days of community service, and § 317-67 lets the City still force the fence's removal or correction.
Frequently Asked Questions
How tall can a rear fence facing my neighbor be in Passaic?
Which side of the fence has to face my neighbor?
How tall can a front yard fence be?
What if my fence blocks water from draining into my neighbor's yard?
Sources & Official References
Other rules in Passaic
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