Fence permits and property lines

Start with the survey

The property survey is the only document that shows where the line is. The old fence is not the line. The neighbor's hedge is not the line. The edge of the mowed grass is not the line. On lots in Pearl River or Midland Park where houses are 10 feet apart, the old fence is often a foot or more onto one side or the other.

Most homeowners received a survey at closing. If it is missing, the title company or the county clerk may have a copy, and a new survey from a licensed surveyor is the fallback. Many towns require a copy of the survey with the fence permit application anyway, so it is worth finding early.

Once the corners are found, the line is strung between the pins and the posts go on your side of it. Setting the fence 6 to 12 inches inside the line is common practice so the footings and the finished face are clearly on your property and so the fence can be maintained from your side.

Setbacks and height limits

Most towns in Rockland and Bergen use a pattern of 4 feet maximum in the front yard and 6 feet in the side and rear yards. The front yard is usually defined as everything in front of the front wall of the house, so a fence that wraps the side of the house has to drop to 4 feet where it passes that line. Some towns cap front fences at 3 feet or require them to be at least 50 percent open.

Corner lots have a sight triangle at the intersection where fences and plantings are limited to around 30 inches so drivers can see. Fences along a street on the side of a corner lot are treated as front yard in many towns, even when they are behind the house.

Height is generally measured from the finished grade at the base of the fence. On a sloped lot the fence steps or racks down the slope, and each section is measured separately. A fence on top of a retaining wall may be measured from the bottom of the wall in some towns, which can push a 6 foot fence over the limit. Anything over the limit needs a variance from the zoning board, which takes a few months.

Which side faces out

Many towns have a good-neighbor rule that requires the finished side of the fence, the side without the rails and posts, to face the neighbor or the street. This is common in Bergen County boroughs and in a number of Rockland towns. Where it is not in the code, it is still the usual practice and it avoids a complaint.

Shadowbox and board-on-board styles look the same from both sides and avoid the question. Vinyl privacy panels are finished on both faces. Cedar stockade is the style with a clear front and back, and it is the one the rule is aimed at.

Posts are set 36 to 42 inches deep in concrete here, at or below the frost line, so the fence does not heave in March. The fencing and gates page lists the styles and how they are set.

Pool fence code basics

New York's residential code requires a barrier at least 48 inches high around any pool holding more than 24 inches of water. Gates must be self-closing and self-latching, open outward away from the pool, and have the latch at least 54 inches above grade or on the pool side of the gate. The barrier cannot have openings a 4 inch sphere can pass through, and the gap under the bottom is limited to 2 inches over a hard surface. New York also requires a pool alarm on residential pools.

New Jersey adopts the International Swimming Pool and Spa Code as part of the Uniform Construction Code, which sets the same 48 inch barrier, the same gate hardware, and the same 4 inch sphere rule. Both states allow the house wall to serve as part of the barrier if the doors into the pool area have alarms or self-closing hardware.

The pool barrier and the property line fence are often the same fence, but not always. A 6 foot privacy fence on the line with a 48 inch aluminum fence closer to the pool is a common layout on larger lots. Whatever the layout, the pool cannot be filled until the barrier passes inspection. The pools and water features page covers compliant fencing.

HOAs and historic districts

An HOA approval is separate from the town permit and comes first. Most associations regulate fence style, color, height, and sometimes whether a fence is allowed at all in the front yard. A town permit does not override the HOA, and an HOA can require a fence to come down after the town has approved it.

Historic districts add another layer. Parts of Tappan, Nyack, Piermont, and several Bergen boroughs have review boards that must approve any fence visible from the street. They usually want wood or a wood look, a traditional style, and a height that matches the neighbors. Vinyl privacy fence is often turned down in these areas.

Easements and utilities matter too. A drainage or utility easement across the back of the lot may not allow a fence, or may require a gate for access. Call 811 before any posts are dug so gas, electric, and cable lines are marked.

The permit itself

Most towns in both counties require a fence permit. The application usually asks for the survey with the fence drawn on it, the style and height, and a manufacturer sheet or a sketch. Fees vary by town and are usually modest. Review is typically a week or two, and an inspection may follow when the fence is done.

Contractors who work in a town regularly know its quirks, such as which towns want the survey sealed, which measure height from the wall base, and which need the neighbor notified. Having the contractor run the application is the normal arrangement here.

Questions