In NYC, fences 6 feet or less in height on one- or two-family dwellings are exempt from building permits under the NYC Building Code. Front yard fences are generally limited to 4 feet in residential districts. The NYC Zoning Resolution regulates fence heights by zoning district and yard location.
The NYC Building Code exempts fences not over 6 feet in height (measured from the higher adjoining grade) in connection with one- or two-family dwellings from permit requirements. The NYC Zoning Resolution imposes additional height restrictions: In residential districts, front yard fences are typically limited to 4 feet, while side and rear yard fences may be up to 6 feet. Corner lots have additional visibility requirements at intersections. For multi-family buildings or commercial properties, different rules apply and permits may be required. The Department of Buildings regulates construction fences (temporary fences around construction sites) separately under Project Requirements for Registrants. Materials are not specifically restricted, though fences must not create hazardous conditions. Co-ops and condominiums may impose their own restrictions through house rules. Privacy fences exceeding 6 feet require a building permit and must comply with the International Building Code as adopted by NYC.
Building a fence exceeding 6 feet without a permit may result in DOB violations with civil penalties up to $25,000. Fences violating zoning height limits may result in enforcement action requiring removal or modification. Building without a permit where one is required is a violation of NYC Administrative Code Section 28-105.1.
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