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

Section 86-4(B)(3) of the Town of Union Code exempts the installation of fences from the building permit requirement, with one carve-out: fences that are part of an enclosure surrounding a swimming pool fall outside the exemption. Subsection C adds that an exemption from the permit requirement is not an authorization for work performed in violation of the Uniform Code or the Energy Code. Section 300-53.16 separately provides that noncommercial swimming pools are permitted subject to a permit from the Code Enforcement Officer.

Skipping the permit does not mean skipping the rules. Section 300-53.15 of the zoning chapter says fences are not considered structures under that chapter and can be erected in any district, subject to its provisions, and it prints no permit requirement of its own. No fence can be erected on or encroach upon a public right-of-way. The finished or decorative side faces adjacent properties, and the posts and supporting structures face the interior of the fenced area. Height is measured from the average finished grade of the lot at the base of the fence. In residential districts a fence cannot exceed six feet, except tennis or recreation courts at 12 feet, while fences for nonresidential uses in nonresidential districts reach 10 feet above the average natural grade, provided they do not create a traffic hazard. Solid fences keep an eight-foot setback from the street property line or stay no greater than three feet in height. On corner lots, solid fences over 24 inches in height are barred in the triangle formed by points 25 feet from the intersection. Permitted materials are wood, chain link, wrought iron or PVC permanent fencing material, and temporary fences are permitted only for the duration of a construction project.