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Oyster Bay, NY Fire Regulations: Propane Storage (2026)

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

Key Facts

Max yard projection
8 feet into side or rear yard
Minimum property-line distance
8 feet
Screening required
Evergreen plantings and/or solid fencing
Screen height
At least 1 foot above tank top
Also must meet
NYS Fire Code, Nassau Fire Marshal, NFPA

Summary

Oyster Bay's zoning code lets homeowners locate a screened propane tank up to 8 feet into a side or rear yard, but never closer than 8 feet to any property line, and requires it to meet state fire code, county fire marshal and NFPA standards.

Propane tanks screened with dense evergreen plantings and/or solid fencing extending at least one foot above the top of the tank shall be permitted to project a maximum of eight feet into a side or rear yard only, but in any case not nearer than eight feet from any property line. Propane tanks must also conform to the requirements of the New York State Uniform Building and Fire Protection Code, the Nassau County Fire Marshal and the National Fire Protection Association.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4036544; v24 updated 2023-03-07; through 03-07-2023).

Full Breakdown

Beyond the Housing Standards chapter's 15-foot building setback for barbecue grill tanks, the Zoning Code separately regulates where larger residential propane storage tanks may sit relative to property lines and yard setbacks. 5, within the zoning chapter's encroachment provisions for R1 Residence Districts, the RO Residence-Office District and the HD-III Hicksville Downtown Residential Subdistrict, permits propane tanks screened with dense evergreen plantings and/or solid fencing extending at least one foot above the top of the tank to project a maximum of eight feet into a side or rear yard only, but in any case not nearer than eight feet from any property line.

The section does not stop at a placement rule; it layers on outside regulatory compliance by adding that propane tanks must also conform to the requirements of the New York State Uniform Building and Fire Protection Code, the Nassau County Fire Marshal and the National Fire Protection Association. That three-part cross-reference means a homeowner installing a residential propane tank in Oyster Bay has to satisfy the Town's own yard-encroachment and screening rule and separately clear state fire code, county fire marshal inspection, and NFPA siting standards before the installation is compliant.

The screening requirement mirrors how the same subsection treats other yard encroachments, such as generators and oil tanks, which face similar planting or fencing screens and comparable eight-foot yard-projection limits, reflecting the Town's broader approach of tucking utility equipment into side and rear yards rather than front yards.

Violations & Fines

Zoning violations, including noncompliant propane tank placement, are enforced under § 246-14.7.1: a fine up to $350 or up to six months' imprisonment for a first offense, $350-$700 for a second offense within five years, and $700-$1,000 for a third or later offense within five years, with each week of continued violation a separate offense.

Frequently Asked Questions

How close to my property line can a residential propane tank sit in Oyster Bay?
Zoning Code § 246-4.4.2.1.1.5 requires screened propane tanks to stay at least eight feet from any property line, while projecting no more than eight feet into a side or rear yard.
Does a propane tank need screening in Oyster Bay?
Yes. The tank must be screened with dense evergreen plantings and/or solid fencing extending at least one foot above the top of the tank before it can encroach into the required yard under § 246-4.4.2.1.1.5.
Does Town zoning approval cover all propane tank requirements?
No. Section 246-4.4.2.1.1.5 requires tanks to also conform separately to the New York State Uniform Building and Fire Protection Code, the Nassau County Fire Marshal, and National Fire Protection Association standards.

Sources & Official References

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