by Andrew Getty
questions & answers
Q: Did my neighbor get a permit to put up a fence?
A: No.
Q: Why not?
A: Because a permit is not required by local law, or the NYS Building Code unless the fence is taller than six feet or around a swimming pool or within the shoreline setback area along waterfront.
Q: So my neighbor can put up any old fence anywhere he wants to?
A: Not exactly. If the fence is less than six feet high, it is not regulated by local law or the NYS Building Code.
Q: Does the town zoning allow people to put fences on other people’s property?
A: Of course not.
Q: Then how come my neighbor put the fence on my property?
A: Fences under less than six feet tall are not regulated.
Q: You just said that the Town Zoning does not allow people to put fences on someone else’s property, and now you say they are not regulated… which is it?
A: Your question was “does the town zoning allow people to put fences on other people property?” Again the answer again is, of course not. However, it also does not say you can’t put up a fence. What you are dealing with here is not a zoning issue but rather a civil issue.
Q: I measured the fence and it is six feet, four inches tall. He should have got a permit, right?
A: Technically you may be correct. That is more than six feet.
Q: What do I need to do to make you have him get a permit?
A: If you are now making a formal complaint about your neighbor not getting a permit for installing a fence taller than six feet, we will investigate the situation.
Q: Consider this my formal complaint. When are you going to take care of this, today?
A: We will look into this as soon as reasonably possible, probably not today.
Q: Why not? He put that fence on my property!!!
A: Believe it or not, there are a few other things going on right now that have a slightly higher level of priority, and life safety significance. We are also scheduled for many construction inspections as well. We will look into this issue in the next few days.
Q: You will make him move it, right?
A: Not necessarily. We will make him either get a permit, or reduce the height to less than six feet, which makes it unregulated. Let us look into it and get back to you.
Three days later…
Q: So how did you make out? He is going to move the fence, right?
A: After confronting your neighbor, he chose to get the permit, of which we have issued.
Q: How can you issue a permit for a fence on someone else’s property?!!!
A: Based on the documents he submitted with his permit application, the fence is on his property. And the fence does appear to be structurally sound, so the permit was granted.
Q: He is on my property!!!! You need to make him move it!!!!! How did he show you the fence was on his land?
A: He had a survey, and it appeared to be on his property.
Q: Well, I know he is wrong! My grandfather used to maintain the bushes there; I know it is our land. My father always said the property line was at the bushes, just like what Gramps said. Are you telling me you refuse to do anything about this?
A: No, not at all. I am saying this office has no jurisdiction over property line disputes. And, that we granted his permit based on reasonably competent information provided along with the application.
Q: How do I get him to move that fence?
A: You may try talking to him first.
Q: I’m not going to do that! That is why I came in here, for you to tell him to get that fence off my property!! I pay taxes in this town, and I want you to do your job right now!!!
A: Sir, it really appears that you have a dispute over the property lines. And unless you guys can agree, only the courts can help you out. The town does not have any authority over boundary disputes.