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

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

Key Facts

Permit trigger
Fence enclosing a swimming pool
Exempt fences
Standalone yard/privacy fences
Enforcing office
Building Department Manager
Permit start window
Work must start within 6 months
Residential permit expiration
12 months after issuance
Penalty
Up to $500 fine or 15 days jail

Summary

Most residential fences in the Town of Colonie do not need a building permit, but Town Code § 62-14 makes an exception: any fence built as part of an enclosure around a swimming pool requires the same building permit as new construction. A standalone yard fence skips the permit; a pool-barrier fence does not.

A building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof...No building permit shall be required for work in any of the following categories: ... (4) Installation of fences which are not part of an enclosure surrounding a swimming pool;

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4902401; v37 updated 2026-05-28; through 05-28-2026).

Full Breakdown

Town of Colonie Code § 62-14 requires a building permit for construction, alteration, or installation work governed by the Uniform Code, but Subsection B lists work exempt from that requirement, and fences are treated differently depending on what they enclose. Subsection B(4) exempts "installation of fences which are not part of an enclosure surrounding a swimming pool," meaning an ordinary property-line or privacy fence is exempt from the building permit process entirely. Read together with Subsection A, that exemption confirms the reverse: a fence forming part of a swimming pool's required barrier is not exempt, so it needs the same building permit as the pool itself before work starts.

Applicants file with the Building Department Manager, and § 62-14D requires the application in writing, signed by the owner or an authorized agent, with an affidavit if someone other than the owner applies. Under § 62-16, work cannot begin until the Building Department Manager confirms the plans comply with the Uniform Code and Energy Code and issues the permit, which must then be displayed at the work site under § 62-16B until the work is complete. A pool-enclosure fence permit becomes invalid if work has not started within six months of issuance and expires 12 months after issuance for residential projects under § 62-17B, though it can be renewed on application and payment of the applicable fee.

Because § 62-14C makes clear that an exemption "shall not be deemed an authorization for work to be performed in violation of the Uniform Code," even an exempt standalone fence must still meet the Uniform Code's structural and safety provisions; it is simply spared the separate paperwork step.

Violations & Fines

Building without a required permit is enforceable the same way as any unpermitted construction under Chapter 62. The Building Department Manager can issue a stop-work order under § 62-21 to halt fencing performed without a permit, and § 62-26 makes knowing violations punishable by an appearance ticket, a fine of up to $500 or 15 days in jail, or a civil penalty of up to $500 for each day the violation continues, recoverable in an action brought in the name of the Town of Colonie.

Frequently Asked Questions

Do I need a permit for a regular backyard fence in Colonie?
No. Town Code § 62-14B(4) exempts "installation of fences which are not part of an enclosure surrounding a swimming pool" from the building permit requirement, so an ordinary property-line or privacy fence can go up without Building Department approval, though it still must meet the Uniform Code's construction standards.
What if my fence is part of my pool barrier?
Then it is not exempt. Because § 62-14B(4) only excuses fences that are not part of a pool enclosure, a fence built to satisfy the pool's required barrier needs the same building permit issued under § 62-14 and § 62-16 as any other regulated construction.
How long is a Colonie building permit valid once issued?
Under § 62-17B, work must start within six months of issuance or the permit becomes invalid, and a residential permit expires 12 months after issuance; permit holders can apply to renew and pay the applicable fee.
What happens if I build a pool-enclosure fence without a permit?
The Building Department Manager can issue a stop-work order under § 62-21, and § 62-26 exposes a knowing violator to an appearance ticket, a fine up to $500 or 15 days in jail, or a civil penalty up to $500 per day the violation continues.

Sources & Official References

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