Before You Build in Toms River, NJ: Permit & Rule Checklist (2026)

Toms River limits fences to 48 inches in front yards (between building line and street) with openness requirements, and 72 inches in rear and side yards. Fences within 20 feet of any body of water must be open and not exceed 48 inches.

Toms River requires a zoning permit for all fence construction. No UCC construction permit is needed for fences (except pool enclosures). The zoning review process takes up to 10 business days, with a $75 resubmission fee if denied.

New Jersey has no statutory requirement for neighbors to share fence costs. In Toms River, all supporting members must face the fence owner's property (the finished side faces the neighbor). Fences may not be built on easements or in the public right-of-way.

Toms River requires Board of Health approval for swimming pool design, materials, and construction. A building permit is required for any pool capable of holding water over 24 inches deep. Pools must be located behind the front building setback line and at least 8 feet from any building.

Toms River requires all swimming pools to be enclosed by a barrier at least 48 inches high per NJ state law (N.J.A.C. 5:23). A local zoning rule adds that fences must be placed at least 6 feet from the water's edge. Pool enclosure fences require both a zoning permit and a UCC construction permit.

Above-ground pools in Toms River require a zoning permit. Pools less than 14 feet in diameter may have plot plans prepared by the homeowner. All pools capable of holding water over 24 inches deep require a building permit. The 48-inch barrier requirement applies regardless of pool type.

Toms River does not have a specific ADU (accessory dwelling unit) ordinance. New Jersey lacks a statewide ADU mandate, and Toms River's zoning under Chapter 348 generally does not permit separate dwelling units on single-family lots. A zoning variance would likely be required.

Toms River prohibits detached garage buildings when garage space is already provided or included within the dwelling. Converting an attached garage to living space may create zoning compliance issues including insufficient parking. Board of Adjustment approval may be required.

Chapter 348 defines a carport as a roof for parking automobiles, with no sides except an adjacent building's exterior wall. Carports must sit at least 5 feet from any side or rear lot line and 10 feet from the principal building, and need a Zoning Permit plus UCC Building Permit.

Toms River requires a zoning permit for all sheds and accessory buildings. Sheds must comply with setback, lot coverage, and height requirements of the applicable zoning district under Chapter 348. The Zoning Office provides a specific handout for sheds, garages, and accessory buildings.

Recreational fire pits in Toms River are regulated under the NJ Uniform Fire Code (N.J.A.C. 5:70). Fire pits must be a safe distance from structures and combustible materials. A Type 1 open burning permit may be required depending on the fire type and location.

Toms River Chapter 232 prohibits the burning of trash, lumber, leaves, straw, brush, trees, or any combustible materials in any street, alley, vacant lot, or improved land without a legal permit. Violations carry fines of $500 to $1,000 per offense.

Toms River, a Tree City USA for over 33 years, regulates tree management through Chapter 417 (Trees). The township has a Shade Tree Commission and employs a Township Forester. The ordinance preserves coniferous, deciduous, flowering trees and shrubs growing in a natural state.

Water use restrictions in Toms River are primarily governed at the state level by NJDEP. The township may impose additional restrictions during drought emergencies as declared by the Governor or NJDEP. New Jersey Water Supply Authority manages regional water supply.

Toms River requires a Tree Removal Permit for removing trees on residential property, even when exempt from the Woodlands Management Ordinance. Landmark trees (16-inch DBH or greater, or trees of unique value) receive special protection. Applications to remove 10+ trees may be referred to the Township Forester.