North Hempstead, NY Fence Regulations: Fence Permit Requirements (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.
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?
Are any fences exempt from the North Hempstead permit rule?
Who reviews a North Hempstead fence permit application?
Sources & Official References
Other rules in North Hempstead
New York rules heatmap·Compare North Hempstead to another location·View the New York fence regulations overview
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