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

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

Key Facts

Residential fence permit fee
$30
Permit issued by
Code Enforcement Officer
Permit display
required at work site
Permit expires
12 months from issuance
Fine for no permit
up to $1,000/day, § 80-21

Summary

The Town of Clay requires a building permit before any structure is built, and its fee schedule lists a $30 permit fee specifically for a residential fence, so a homeowner should file with the Code Enforcement Officer before installing one.

Building permits required. A building permit shall be required for any work which must conform to the Uniform Fire Prevention and Building Code, Energy Code and the Code of the Town of Clay, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation, or demolition of any building or structure or any portion thereof ... No person shall commence any work for which a building permit is required without first having obtained a building permit from the Town of Clay. ... Building permit fees: Upon filing of permit application, where total valuation of work is: ... Minor residential accessory structures (currently based on value) ... Residential fence $30

Full Breakdown

Section 80-4A of the Town Code states that a building permit is required for any work that must conform to the Uniform Fire Prevention and Building Code, Energy Code and the Town of Clay Code, including construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure, and it bars anyone from commencing work for which a permit is required without first obtaining that permit from the Town. The Town's consolidated fee schedule at § 105-4, referencing § 80-22, itemizes a $30 fee for a 'residential fence' under the heading 'Building permit fees,' alongside a $30 fee for a shed of 200 square feet or less, confirming that fence construction is treated as permitted building-code work with its own set fee.

Applications go through the Code Enforcement Officer in the Office of Planning and Development, on a form specifying the location, nature and scope of the proposed work per § 80-4B. Once a permit issues it must be visibly displayed at the work site under § 80-4E, becomes invalid if work does not start within six months, and expires 12 months after issuance under § 80-4G, with renewal available on payment of the applicable fee.

Violations & Fines

Erecting a fence without the required building permit is enforceable under § 80-21C(1)-(2) as work performed without a permit: a fine of up to $1,000 per day of violation or imprisonment up to one year, plus a separate civil penalty of up to $1,000 per day, recoverable in an action brought in the Town's name.

Frequently Asked Questions

Do I need a permit to build a fence in the Town of Clay?
A building permit is required for construction of any structure under § 80-4A, and the Town's fee schedule at § 105-4 lists a specific $30 fee for a residential fence filed under § 80-22, confirming fences fall under that permit requirement.
How much does a fence permit cost in Clay?
The fee schedule at § 105-4 sets a $30 fee for a residential fence, referenced under § 80-22 of the Building Code Administration chapter.
How long is a Clay building permit valid once issued?
Under § 80-4G, a permit becomes invalid if work is not started within six months and expires 12 months after issuance, though it can be renewed by paying the applicable fee.

Sources & Official References

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