Tonawanda, NY Fence Regulations: Fence Permit Requirements (2026)

Section 215-25.6.D singles out 'non-lot line fences,' meaning fences that are not built along a property boundary, for a permit step the code does not impose on an ordinary boundary fence: anyone planning to erect one must first apply to the Code Enforcement Officer and explain, in the application, the reason and need for the fence. The Code Enforcement Officer decides whether to approve the application and, if approved, may attach additional conditions at his sole discretion. That discretionary standard gives the Code Enforcement Officer latitude to require screening, setbacks or other conditions beyond the baseline height and material rules in the rest of § 215-25.6.

Snow fences are handled separately in Subsection G: they may be put up and kept without any permit, but only in locations suited to controlling snow and only between November 1 and April 1 each year. Any other use of what would otherwise qualify as a snow fence, apart from temporary protective fencing at emergency sites or active construction sites, is flatly prohibited outside that window. Beyond these two specific permit rules, § 215-25.6.A places general, permit-independent duties on every property owner: the fence must sit entirely on the owner's own property, its structural side must face the interior of the lot, and it may not restrict the vision of pedestrians or motorists, be structurally unsound, or unreasonably block light and air to the point of becoming a nuisance.