Amherst, NY Fence Regulations: Fence Permit Requirements (2026)

Chapter 83, Part V of the Amherst Code sets the town's baseline rule: no person may commence construction, alteration, enlargement or removal of any structure without first obtaining a separate building permit or quick permit from the Commissioner of Building. The chapter then lists categories exempt from that requirement, and item (c) singles out fences: the installation of fences which are not part of an enclosure surrounding a swimming pool needs no building permit. Flip that fence into a pool enclosure, whether it rings the pool itself or the yard containing it, and the exemption no longer applies; the owner must file for a building permit before installation.

The Commissioner of Building processes both standard and quick permit applications for pool-enclosure fences. A permit issued for that work expires if construction is not begun within six months (the Commissioner may grant a discretionary six-month extension), and work begun under a valid permit must be completed within two years or the permit lapses, requiring either removal of the work or a fresh application under whatever code is then in effect. Section 83-5-1 also makes clear that skipping the permit for an exempt fence is not a license to break other rules: the same section states the exemption shall not be deemed an authorization for work to be performed in violation of the Uniform Code, the Energy Code or other applicable laws, rules, ordinances or regulations, so dimensional and zoning fence standards still apply even when no permit is filed.