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North Hempstead, NY Fence Regulations: Fence Permit Requirements (2026)

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

Key Facts

Permit-requiring agency
Building Commissioner
Application method
Building Department online portal
Fence status
defined as a "structure" (§ 70-231)
Exempt structures
sheds under 144 sq ft, awnings, etc.
Fence exempt from list
no, not listed

Summary

North Hempstead treats a fence as a "structure," and its general permit statute bars erecting any structure without first filing an application with the Building Commissioner and obtaining a building permit. Fences are not on the code's short list of permit-exempt minor work.

No person, firm or corporation shall commence the alteration of any lot or parcel, including the erection, construction, enlargement, alteration, removal, improvement, demolition or conversion of any building or structure or tree, or part thereof, or change the nature of the occupancy of any building or structure or cause the same to be done or the removal of trees without first filing with the Building Commissioner an application for such removal, construction, alteration, moving or demolition or installation of elevator, heating or heat-producing appliance or equipment, other than ordinary stoves or ranges, and obtaining a building permit, except that no building permit shall be required for the performance of ordinary repairs which are not structural in nature, impact the required means of egress, or which do not affect the fire protection system.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4892187; v82 updated 2026-04-21; through 04-21-2026).

Full Breakdown

Section 2-9 of the Town Code opens with a broad prohibition: no person, firm or corporation may commence the alteration of any lot or parcel, including the erection or construction of any building or structure, without first filing an application with the Building Commissioner and obtaining a building permit. The Town's zoning definitions in § 70-231 confirm that "structure" is defined to include, among other things, fences, retaining walls, and swimming pools, so a fence falls squarely inside § 2-9's permit trigger. The section does list five narrow categories exempt from a building permit, such as small detached tool sheds under 144 square feet, temporary theater sets, window awnings, interior finish work, and portable equipment, but fences appear nowhere on that exemption list.

Applications must go through the Building Department's online portal and include a description of the land, the Tax Map number, a statement of use, the estimated valuation of the work, the owner's and applicant's names and addresses, and a set of plans and specifications. 2, meaning a homeowner installing a fence in North Hempstead needs both the building permit under § 2-9 and compliance with the zoning fence standards before the Building Commissioner will sign off on the work.

Violations & Fines

Erecting a fence without first obtaining a building permit under § 2-9 is a code violation subject to enforcement by the Town of North Hempstead Building Commissioner, who can issue a stop-work order and require the owner to file the missing application, submit plans, and pay applicable fees before the fence may remain in place.

Frequently Asked Questions

Does North Hempstead require a permit to build a fence?
Yes. Section 2-9 requires a building permit for the erection of any "structure," and § 70-231 defines "structure" to include fences, so installing a fence requires filing an application with the Building Commissioner first.
Are any fences exempt from the North Hempstead permit rule?
Section 2-9's exemption list covers small accessory sheds under 144 square feet, temporary theater sets, window awnings, interior finish work, and portable equipment; fences are not included, so the general permit requirement applies.
Who reviews a North Hempstead fence permit application?
The Building Commissioner reviews applications filed through the Building Department's online portal, which must include the property's Tax Map number, a description of the work, its estimated valuation, and plans and specifications.

Sources & Official References

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