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Toms River, NJ Fence Regulations: Fence Permit Requirements (2026)

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

Key Facts

Permit required
Before any solid-construction fence is built
Original fee ordinance
Ord. No. 1167 (1971), repealed 1993
Current fee process
Ch. 252 construction permit process
Enforcing agency
Office of Construction Permits and Inspections
Max penalty
$1,000 fine or 60 days jail

Summary

Toms River Township requires a building permit before erecting any solid-construction fence under § 291-5 of the Township Code, with the fee originally set by Ordinance No. 1167. That 1971 fee ordinance was itself repealed in 1993, so current fence permit fees now run through the township's general construction permit process administered by the Office of Construction Permits and Inspections under Chapter 252.

No person shall erect or cause to be erected any fence unless a building permit is issued to permit construction of same and the appropriate fee paid as set forth in Ordinance No. 1167. ... Said Ord. No. 1167, adopted 5-25-1971 (previously included as Ch. 60 of the 1973 Code), was repealed 12-22-1993 by Ord. No. 3018-93.

Source: Fences Handout – Toms River Township Zoning OfficeView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4954830; v33 updated 2026-04-22; through 04-22-2026).

Full Breakdown

Section 291-5 of Chapter 291, Fences, Plantings and Walls, part of Article II adopted December 9, 2008 by Ordinance No. 4168-08, bars anyone from erecting a fence of solid construction unless a building permit has been issued for it and the appropriate fee has been paid. The section fixes that fee by cross-reference to Ordinance No. 1167, adopted May 25, 1971 and originally carried as Chapter 60 of the 1973 Code, but the code's own editor's note flags that Ordinance No. 1167 was repealed on December 22, 1993 by Ordinance No.

3018-93. That leaves the fence permit requirement itself fully in force while the fee it once fixed has to be found elsewhere: fence permits in Toms River today are processed as construction permits by the Office of Construction Permits and Inspections, the enforcing agency the township created under § 252-2 of Chapter 252, Construction Codes, Uniform, applying that chapter's general Building Subcode permit and inspection process rather than a stand-alone fence fee schedule. The permit requirement sits inside Article II alongside the height limits in §§ 291-3 and 291-4, the vision-obscuring planting rule in § 291-6, and the definitions in § 291-10, all adopted together as part of the same 2008 ordinance that repealed and replaced the township's 1973 fence regulations.

A resident planning a solid-construction fence, whether wood, vinyl, masonry or another continuous barrier, should apply to that office before building begins rather than after, since § 291-5 conditions the fence's legality on the permit being issued first.

Violations & Fines

Erecting a fence without the required permit violates Article II of Chapter 291 and is punishable under § 291-9 by a fine of not more than $1,000 or imprisonment for not more than 60 days, or both, in addition to any other remedy available under the article or state law; the Office of Construction Permits and Inspections, the enforcing agency under § 252-2, handles the underlying permit process.

Frequently Asked Questions

Do I need a permit to build a fence in Toms River?
Yes, for any fence of solid construction. Section 291-5 of the Township Code bars erecting such a fence unless a building permit has been issued and the required fee paid, and the permit process runs through the Office of Construction Permits and Inspections under Chapter 252.
How much does a Toms River fence permit cost?
Section 291-5 originally set the fee under Ordinance No. 1167 from 1971, but that fee ordinance was repealed in 1993 by Ordinance No. 3018-93. Current fence permit fees run through the township's general Chapter 252 construction permit process, so an applicant should confirm the current fee with the Office of Construction Permits and Inspections.
What happens if I build a fence without a permit in Toms River?
It's a violation of Article II of Chapter 291. Section 291-9 authorizes a fine of up to $1,000 or up to 60 days in jail, or both, in addition to any other remedy the township or state law allows.

Sources & Official References

Other rules in Toms River

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