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

Town Code § 85-190B(4)(a) lets a homeowner build a six-foot fence in the rear yard once the residence itself has been erected, and describes exactly how far that fence line can run: on an interior lot, along the rear lot line and the side lot lines up to the front foundation line; on a corner lot, along the rear lot line and the secondary front lot line, but never projecting into the required primary front yard; and on a through lot, along both side lot lines and the secondary front lot line.

The code then draws a specific line for the permit requirement, stating that a six-foot fence in the secondary front yards on corner lots and in the secondary front yard on through lots shall be considered a structure requiring a building permit. In other words, the same six-foot fence that needs no separate permit when it runs along an interior lot's rear or side lot line does need one once it sits in a corner or through lot's secondary front yard, because the code classifies it as a structure rather than an incidental fence at that point.

5-foot corner sight-triangle limit under § 85-190B(4)(b). The permit is issued through the Building Division, and like any building permit under Chapter 85, work done without one exposes the owner to the chapter's general enforcement remedies, including the civil penalty compromise the Town Attorney can negotiate under § 85-157B.