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Mount Vernon, NY Fence Regulations: Fence Permit Requirements (2026)

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

Key Facts

Front-yard fence limit
4 ft open / 3 ft solid masonry
Side/rear yard limit
6 ft (8 ft on larger lots)
Business district street-facing limit
6 ft
Industrial district limit
8 ft
Barbed wire/electric fencing
Banned outside Industrial district
Variance authority
Zoning Board of Appeals
Penalty
Up to $1,000 fine or 15 days jail

Summary

Mount Vernon's Building Commissioner cannot issue a permit for a fence that violates the height and material standards in City Code § 267-14B unless the Zoning Board of Appeals grants a variance under § 267-52. Front-yard fences over four feet and side or rear fences over six feet trigger that review.

Except under written authorization of the Board of Appeals, as provided in Article IX of this chapter, no building permit shall be issued for any land, building or structure where said action would be in violation of any of the provisions of this chapter. ... Front yard. Wrought iron or aluminum fences and masonry walls of at least 25% open construction, or any combination thereof, not exceeding four feet in height, are permitted within required front yards. Solid masonry walls, whether used on their own or in combination with other types of fences, shall not exceed three feet in height. (b) Side and rear yards. Fences and masonry walls not exceeding six feet in height are permitted in side and rear yards, except that where the lot area exceeds 7,000 square feet and lot frontage exceeds 75 feet, a fence of at least 75% open construction, located in side or rear yard, may have a maximum height of eight feet.

Full Breakdown

Section 267-14B sets the fence standards a permit applicant must meet. In a required front yard, wrought iron or aluminum fencing and masonry walls of at least 25 percent open construction may reach four feet, while a solid masonry wall is capped at three feet whether used alone or combined with another fence type. Side and rear yard fences are capped at six feet, rising to eight feet if the lot exceeds 7,000 square feet, the frontage exceeds 75 feet, and the fence is at least 75 percent open construction.

Business districts allow six feet facing the street and eight feet elsewhere, industrial districts allow eight feet generally, and electrically charged or barbed-wire fencing is banned outright except limited razor wire in Industrial districts with City Council approval. Every fence must sit entirely inside the lot lines, and its more finished side must face the street or neighboring property. Under § 267-52, the Building Commissioner cannot issue a building permit for any structure, fences included, that would violate these standards, and Article IX requires the Zoning Board of Appeals to hold a public hearing before granting a variance for a taller or noncompliant fence.

A variance application can take up to 62 days to decide and, once denied, cannot be resubmitted for three years absent a material change in circumstances.

Violations & Fines

Building or maintaining a fence that violates § 267-14 without an approved variance is a zoning violation under § 267-56A: up to a $1,000 fine, up to 15 days imprisonment, or both per conviction, with each day the fence remains noncompliant counted as a separate violation. The Building Commissioner can also bring an action to compel removal or alteration of the fence.

Frequently Asked Questions

Do I need a permit for a fence in Mount Vernon?
Yes. Under City Code § 267-52, no building permit may issue for a structure, including a fence, that violates the zoning chapter unless the Zoning Board of Appeals grants a variance under Article IX. A fence that meets the height and material standards of § 267-14 clears this test without a variance.
How tall can my front-yard fence be?
Wrought iron or aluminum fencing and masonry walls of at least 25 percent open construction can reach four feet in a required front yard under § 267-14B(1)(a). A solid masonry wall is capped at three feet, whether used alone or combined with another fence type.
Can I install a taller fence on a large lot?
Yes. Side and rear yard fences are normally capped at six feet, but § 267-14B(1)(b) allows eight feet if the lot exceeds 7,000 square feet, the frontage exceeds 75 feet, and the fence is at least 75 percent open construction.

Sources & Official References

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