Southampton Village, NY Fence Regulations: Fence Permit Requirements (2026)

The permit requirement for fences comes from two parts of Chapter 116 read together. The chapter's definitions describe a fence as "A structure bounding an area of land designed to either limit access to the area or screen such area from view, or both," and a structure as "Anything constructed or erected on or under the ground or upon another structure or building, excluding driveways constructed at a natural grade." Section 116-37A(2)(a) then provides that no building or structure shall be erected, constructed, reconstructed, structurally altered or moved or demolished unless a building permit has been issued.

Procedure follows the Building Code, which an editor's note places in Chapter 43, Building Construction, Article I, together with whatever other information the Building Department needs to enforce Chapter 116 (§ 116-37A(1)). On design review, § 116-37A(2)(b) blocks any permit unless the plans conform in all respects to Chapter 116 and the Board of Architectural Review has approved the design. The only exemptions from that review are interior alterations in existing buildings, tennis courts and swimming pools. Fences are not among the three.

The plan has to meet the substance of § 116-18: four feet in a required front yard and six feet in a required rear or side yard in a residence district, with the finished side facing the neighbor or the street. Anything taller needs a permit from the Board of Appeals under § 116-28E(1). On a berm, no fence or wall is allowed at all under § 116-18.1A(4), and every berm needs its own building permit plus Planning Board approval under § 116-18.1C.

Paperwork holds can stall an otherwise complete application. Section 116-37A(2)(c) says no building permit is issued for any project on property that is the subject of pending violations, unpaid fines or other monetary obligations owed to the Village. Under (2)(d), every Village department, board and committee withholds processing of an application if the Building Inspector has determined that a Village Code violation exists on the subject property, or a summons has issued on any other property owned by the owner or applicant. An application withheld that way is deemed incomplete until the applicant gives written notice by certified mail, return receipt requested, that the violation is cured or the sums are paid, and a Village officer confirms it. The Board of Trustees, in its sole discretion, can grant a waiver.