Smithtown, NY Fence Regulations: Fence Permit Requirements (2026)
Key Facts
- Permit trigger
- Fence/wall over 4 ft, wall over 30 in
- Permit fee
- $200 flat fee
- Issuing office
- Chief Building Inspector
- Built-prior penalty
- Additional $150 fee
- Permit validity
- Expires 1 year, renewable once
- First-offense fine
- Up to $2,500 or 15 days
Summary
Smithtown requires a Building Department permit before installing any fence, wall or berm higher than four feet, or any retaining wall higher than 30 inches. The Chief Building Inspector issues the permit, which costs a flat $200 for a fence installation under the Town's fee schedule.
No retaining wall higher than 30 inches, and no fence, berm or other wall higher than four feet, shall be constructed or substantially reconstructed except in conformity with a building permit.
Full Breakdown
" Shorter fences fall outside the permit requirement, but height is measured vertically from natural or approved grade to the top of the fence, including posts and appurtenances, under Subsection C. 45 per four square feet of wall area. A(9) adds a $150 built-prior penalty fee on top of the regular charge. E. D, except for residential fences abutting business or industrial land, and retaining walls must be built only of pressure-treated timber, mechanically stabilized segmental block, or cast-in-place concrete under Subsection F. The Board of Site Plan Review retains authority to modify these standards during site plan approval under Subsection K.
Violations & Fines
Building a fence or retaining wall without the required permit is enforced under Chapter 112's building-code penalty, § 112-2: a fine of up to $2,500 or 15 days in jail for a first offense, rising to $5,000 or 30 days for a second or later offense. Each continuing day is a separate violation, and the Town can also recover its investigation costs from the violator.
Frequently Asked Questions
Do I need a permit for a 3-foot fence in Smithtown?
How much does a Smithtown fence permit cost?
What happens if I build a fence before getting a permit?
Can the Town make me change my fence design?
Sources & Official References
Other rules in Smithtown
New York rules heatmap·Compare Smithtown to another location·View the New York fence regulations overview
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Fence Permit Requirements in Nearby Cities
How other cities in Suffolk County handle fence permit requirements.