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Atlantic County, NJ Fence Regulations: Fence Permit Requirements (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Fence in right-of-way
permit required
Governing sections
§ 72-3(F), § 72-5(C)
Exceptions
mailboxes, approved driveways, utilities
Application fee
$100
Max fine
$1,000 per offense

Summary

Installing a fence within an Atlantic County road right-of-way requires a written highway occupancy permit from the County Engineer before construction starts. County Code Chapter 72 treats a fence the same as a building or sign: it cannot go into the right-of-way without prior approval, and unpermitted fencing can be removed at the owner's cost.

These county ordinances apply to unincorporated areas of Atlantic County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

It shall be unlawful for any person or persons, firm, corporation, charitable organization, nonprofit entity, municipality, public or private utility or other entity to perform any of the following acts within, upon or under any County road or right-of-way, without first obtaining a written approved permit from the office of the County Engineer as hereafter provided: ... To place any structure or other fixture, equipment, or improvement within any County right-of-way, of a permanent or temporary nature, including but not limited to any building, footings, billboard, signs, irrigation improvements, or fencing, excluding mailboxes that are certified as US DOT approved and installed in accordance with US Post Office requirements;

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4863463; v25 updated 2026-04-21; through 04-21-2026).

Full Breakdown

Section 72-3F of the Atlantic County Code makes it unlawful to place any structure or other fixture, equipment, or improvement within any County right-of-way, of a permanent or temporary nature, including but not limited to any building, footings, billboard, signs, irrigation improvements, or fencing, excluding US DOT-approved mailboxes, without first obtaining a written permit from the County Engineer. Section 72-5C separately prohibits installing a fence, wall, or retaining wall within the right-of-way outright, carving out only narrow exceptions for US DOT-approved mailboxes, driveways and walkways built under an approved site plan, authorized public-utility fixtures, agricultural activities, and approved ground covers; a private yard fence extending into the County right-of-way does not fit any of those exceptions and needs the Section 72-3 permit, and where the fence will not be owned and maintained by the County, a Section 72-4 agreement, before it goes in.

Applications are submitted to the Atlantic County Division of Engineering, 201 New Road, Northfield, NJ 08225, with a detailed plan showing the fence's location relative to the right-of-way line, existing improvements, and a $100 initial application fee plus a Schedule A permit fee. This county-level rule governs only the strip of land the County owns or controls for its roads; a fence elsewhere on private property is regulated by the municipality, not the county.

Violations & Fines

A fence placed in a County right-of-way without a permit is a disorderly-persons offense under N.J.S.A. 40:24-2, fined up to $1,000 per offense, with each day of the violation a separate offense (Section 72-18A). The County Engineer can order the fence removed and, if the owner does not restore the area, the County will do the work and bill the owner for the cost, suing for any unpaid balance after 30 days (Section 72-18D).

Frequently Asked Questions

Do I need a county permit to put a fence near the road in Atlantic County?
If the fence sits inside the County right-of-way rather than fully on your own property, yes: Section 72-3F requires a written highway occupancy permit from the County Engineer before any fence goes into a County right-of-way, and Section 72-5C prohibits fences there outright unless a permit, and if needed an agreement, have been approved first.
Are there exceptions to Atlantic County's right-of-way fence rule?
Very few. Section 72-5C exempts only US DOT-approved breakaway mailboxes, driveways and walkways built under an approved site plan, authorized public-utility fixtures, agricultural activities under state management practices, and approved ground covers. An ordinary residential or commercial fence does not qualify for any of those carve-outs and needs a permit.
What happens if I build a fence in the right-of-way without a permit?
You are subject to a disorderly-persons fine of up to $1,000 per offense under N.J.S.A. 40:24-2, with each day the fence stays up counted as a new offense. The County Engineer can also order the fence removed, and if you do not take it down the County will remove it and bill you for the cost.

Sources & Official References

Other rules in Atlantic County

All Atlantic County rules

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