(Another) Fence Height Question


    Hi, I have a new fence that runs along my driveway and is at the edge of my property. The front of the driveway, the area that meets the sidewalk, is at an incline. The fence, which my neighbor said was not an issue, has a level concrete foundation. So the fence plus the foundation is around 8 feet tall in the front, but a normal 6 feet at the rear.

    There is now a complaint/violation from the city regarding the height. Is there any exemption around this height issue? Some neighbors have similar fences way over 8 feet tall, I’m not sure why they are allowed to this.

    Thanks for any info!

    3 Replies

    1. Thanks for the replies so far!

      I’m not sure if you can call the foundation for the fence a retaining wall, though I guess it fits that description. It’s a foot wide, and the end that meets the side walk is about 2′ above ground. It’s made of poured concrete.

      The fence itself is 6′ high. So it’s possible to have a fence that high if it is mounted to a retaining wall? Is a permit required for that?

      Thanks again.

    2. The fence can only be 6′ tall. A wall can be taller but you will need a permit for it. Is this thing sitting on a retaining wall? One side being 8′ tall and the other 6′? Just wondering.

      Jock deBoer, AIA
      deBoer Architects

    3. Once you hit 6′ height you must have a permit for that from the DOB and sometimes also an OK from the Boro Commissioner’s office. Your best bet would be f possible to cut it that it shall be on no place more then 6′ above legal grade or go and file it but try to get ok from commissioner’s office first with a reason why they should grant it for you.