Before You Build in Nassau County, NY: Permit & Rule Checklist (2026)

Most Nassau municipalities require a building permit for any fence, even if under 6 feet. Permit fees range from 50 to 200 dollars. Fences in floodplains or historic districts require additional review.

Nassau County defers fence height to local code. Typical Nassau limits are 4 feet in front yards and 6 feet in side and rear yards, measured from finished grade. Corner-lot visibility triangles impose lower limits.

Nassau follows NY common law on shared fences: no statute requires cost-sharing. NY RPAPL 843 (spite fence) prohibits fences over 10 feet built to annoy neighbors. Finished side must face outward in most Nassau villages.

New York State Uniform Code (19 NYCRR Part 1226) and Nassau County municipalities require a 4-foot minimum barrier around all pools holding 24 inches or more of water, with self-closing and self-latching gates.

NY Residential Code Appendix G requires 48-inch minimum barriers around all pools over 24 inches deep. Self-closing, self-latching gates opening outward from pool, with latch 54 inches above ground.

Hot tubs and spas over 24 inches deep require building and electrical permits in Nassau County. Lockable safety covers meeting ASTM F1346 satisfy barrier requirements in lieu of fencing.

Above-ground pools over 24 inches deep require permits and must meet the same fencing and safety standards as in-ground pools. Nassau County Health Department approves placement relative to septic and wells.

All residential swimming pools in Nassau County require a building permit from the local town or village, plus Nassau County Department of Health approval for installation. In-ground, above-ground over 24 inches, and hot tubs over 24 inches all require permits.

Nassau County Department of Health enforces pool safety including barriers, anti-entrapment drain covers (VGB Act), and chemical storage. Residential pools need no lifeguard, but pool alarms are required in some jurisdictions.

Converting a garage to living space in Nassau County requires a building permit, certificate of occupancy amendment, zoning compliance, and often replacement parking. Illegal garage conversions are a major code enforcement target, especially in the Town of Hempstead, due to illegal rental housing concerns.

Accessory dwelling units (ADUs) in Nassau County are heavily regulated by individual towns and villages, with many jurisdictions either prohibiting ADUs outright or restricting them to owner-occupied single-family lots with strict size, parking, and family-member occupancy limits. No state ADU preemption exists in New York.

Carports in Nassau County are regulated as accessory structures requiring building permits in most towns and villages. Many Nassau municipalities restrict carports in front yards, limit them to side/rear placement, and require them to match the architectural style of the primary residence.

Permanent tiny homes on foundations in Nassau County must meet full NY Residential Code requirements (minimum 70 square feet habitable rooms, egress, ceiling height, sanitation), making ultra-small dwellings impractical. Tiny homes on wheels are classified as RVs and cannot be used as permanent residences in residential zones.

Shed regulations in Nassau County vary by town and village, but most require building permits for sheds over 100-144 square feet, set minimum side/rear setbacks of 3-10 feet, and cap shed height at 10-15 feet. Sheds must be in rear yard only in most jurisdictions.

Open burning is largely prohibited in Nassau County. NYSDEC 6 NYCRR Part 215 bans burning of household trash statewide and prohibits ALL open burning of brush from March 15 to May 15 annually. Nassau towns (population over 20,000) cannot permit residential brush burning even outside the seasonal ban.

Nassau County permits residential fire pits under local town codes with NYSDEC setback requirements. Most Nassau towns require fire pits be at least 15 feet from structures and property lines, use only seasoned wood (no trash, leaves, or construction debris), and be attended at all times with a water source or extinguisher nearby.

Tree removal on private property in most of Nassau County is unregulated, but several incorporated villages (particularly on the North Shore Gold Coast) have strict tree preservation ordinances requiring permits to remove trees over specified diameters, typically 6-12 inches DBH (diameter at breast height).

Street trees in Nassau County are typically owned and maintained by the municipality (town or incorporated village). Residents may NOT prune, top, or remove street trees without a permit. Private trees on your own property generally require no permit to trim, but protected/heritage tree ordinances exist in some villages.

Nassau County sits atop the federally-designated Long Island Sole Source Aquifer, the only drinking water source for 3 million Long Island residents. Nassau County Department of Public Works enforces year-round odd-even lawn watering restrictions, and individual water districts may impose additional drought rules.