Fence Permit in Town of Hempstead, New York

Frequently asked questions

Do you need a fence permit in Town of Hempstead?

The Town of Hempstead Department of Buildings issues residential fence permits for the unincorporated areas of the town only. The incorporated villages inside the town, including Freeport, the Village of Hempstead, Rockville Centre, Garden City, Lynbrook, Valley Stream, Lawrence and Cedarhurst, each run their own building department, as does the neighboring City of Long Beach, so none of the rules on this page apply at those addresses. The Department publishes a residential fence permit instruction sheet requiring a notarized Affidavit of Property Owner, a recent unaltered survey by a licensed land surveyor and a plot plan marking the fence location, height and material. Height is set by the Building Zone Ordinance: up to six feet on the rear lot line and the side lot lines enclosing a rear yard, but no more than four feet forward of the front building line, subject to the clear sight triangle rules of section 311. Always confirm with the Town of Hempstead Department of Buildings before starting.

How much does a fence permit cost in Town of Hempstead?

Charged as a building permit under Town Code 86-11C(1) as amended by Local Law No. 20-2024 (adopted 3-12-2024, effective 4-2-2024): $200 for residential work with an estimated cost up to $1,000, then $200 plus $18 for each additional $1,000 or fraction thereof of estimated cost. Work put up before a permit is issued is charged under 86-11C(2) at $400 plus $36 for each additional $1,000. A $100 residential certificate of completion fee is payable when the building permit is issued (86-11L, Local Law No. 93-2022). The Department's own Fee Schedule Updated 2024, linked from the Building Permit page of the Online Permit Center, runs the same $200, $218, $236 ladder. See the official fee schedule for current amounts.

Where do you apply for a fence permit in Town of Hempstead?

You can apply through the Town of Hempstead permit portal or contact the Town of Hempstead Department of Buildings directly. The links are listed on this page.

Can a homeowner pull a fence permit themselves in Town of Hempstead?

Under New York law (Inside New York City: NYC Admin. Code 28-104.1, 28-105.1, 28-105.4, 28-105.5.1, 28-401.3 (definition of "general contractor"). Outside New York City: N.Y. Exec. Law 381(2); 19 NYCRR 1203.3(a)(1).): New York State sets no owner-builder rule at all outside New York City. Executive Law 381(2) puts administration and enforcement in the hands of each local government, and 19 NYCRR 1203.3(a)(1) only requires each authority having jurisdiction to make building permits mandatory for work that must conform to the codes, leaving who may apply to local law. The state licenses no general contractors and imposes no owner-builder affidavit, disclosure form or post-permit sale restriction of the kind Florida uses, so whether a homeowner may pull the permit is a question for the specific city, town, village or county. New York City is the genuine outlier. Administrative Code 28-105.1 makes the work itself unlawful without a written permit, and Administrative Code 28-104.1 bars the department from issuing that permit until it approves the required construction documents, which must be prepared by or under the supervision of a registered design professional, meaning a licensed architect or engineer, as required by the code. A homeowner therefore cannot self-prepare and file the plans for permit-requiring work in New York City even though Administrative Code 28-105.5.1 defines the permit applicant as the person who performs the work or retains a subcontractor, and even though the general contractor registration definition in Administrative Code 28-401.3 expressly excludes an individual who constructs a residential structure of no more than three dwelling units for his or her own occupancy. Note that Administrative Code 28-105.4 exempts minor alterations and ordinary repairs from the permit requirement entirely, so the design professional bottleneck applies only to work that needs a permit in the first place. Confirm how Town of Hempstead applies this before you apply.