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New Rochelle, NY Fence Regulations: Fence Permit Requirements (2026)

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

Key Facts

Exempt height
Fences up to six feet, accessory to a dwelling
Must not do
Obstruct egress or enclose a swimming pool
Pool fences
Always require a building permit
Zoning still applies
Must meet Ch. 331 Zoning Ordinance standards regardless

Summary

New Rochelle lets homeowners put up a fence up to six feet tall without a building permit, as long as it is accessory to a dwelling, follows the Zoning Ordinance, does not block a required exit and is not part of an outdoor swimming pool enclosure. Taller fences, commercial fences and pool-enclosure fences fall back under the Section 111-8 permit requirement.

Fences. The erection of a fence not exceeding six feet in height shall be permitted without a building permit where such fence is accessory to a dwelling, complies with the applicable provisions of the Code of the City of New Rochelle and the Zoning Ordinance, does not obstruct egress and is not required in conjunction with the enclosure of an outdoor 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 4601407; v60 updated 2025-12-02; through 12-02-2025).

Full Breakdown

Section 111-9B of the New Rochelle Building Code, one of the exemptions from the general Section 111-8 permit requirement, states that the erection of a fence not exceeding six feet in height shall be permitted without a building permit where such fence is accessory to a dwelling, complies with the applicable provisions of the Code of the City of New Rochelle and the Zoning Ordinance, does not obstruct egress and is not required in conjunction with the enclosure of an outdoor swimming pool. Four conditions have to be met at once: the fence must be six feet or under, accessory to a residence, compliant with both the general City Code and the Zoning Ordinance in Chapter 331, and it cannot obstruct a required means of egress.

A fence that is taller, that serves a commercial or institutional use, or that is required to enclose an outdoor pool needs a building permit under Section 111-10, including a plot plan referencing Section 331-136 of the Zoning Ordinance showing the fence's location relative to lot lines. Because the exemption only waives the building permit, not substantive zoning standards, a fence still has to meet the Zoning Ordinance's own height, setback and material rules for its district even when no permit application is filed.

Violations & Fines

A fence that exceeds six feet, is not accessory to a dwelling, blocks egress, or is required around a swimming pool but was built without a permit violates Section 111-8's general permit requirement. The Building Official can order it removed as an unpermitted structure under Section 111-14 and require the owner to file for and obtain the missing permit before the fence may remain.

Frequently Asked Questions

Can I build a six-foot fence in New Rochelle without a permit?
Yes, if it meets all four conditions in Section 111-9B: it is six feet or under, accessory to a dwelling, compliant with the City Code and Zoning Ordinance, and does not obstruct egress or serve as a required pool enclosure. Miss any one of those and you need a Section 111-8 building permit.
Does a pool fence need a permit even if it's under six feet?
Yes. Section 111-9B specifically excludes fences required in conjunction with the enclosure of an outdoor swimming pool from the no-permit exemption, so pool enclosures always go through the Section 111-10 building permit application regardless of height, since pool barriers carry their own safety review by the Building Official.
What if my fence is taller than six feet?
A fence over six feet does not qualify for the Section 111-9B exemption and needs a building permit under Section 111-8, including the plot plan and application requirements of Section 111-10, before it can be legally erected in New Rochelle.

Sources & Official References

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