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Board debates neighborhood consent rule for six-foot solid backyard fences

Nutley Planning Board · June 3, 2026
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Summary

Members revisited Nutley’s unique requirement that adjacent neighbors consent to six-foot solid rear-yard fences, with arguments presented both for preserving neighborhood negotiation and for removing a costly variance step; staff will prepare display materials with alternative fence options.

Board members returned to a long-running discussion about Nutley’s unusual requirement that adjacent neighbors consent before a resident can erect a six-foot solid rear-yard fence. Supporters said the consent rule encourages neighbors to talk before imposing a visually intrusive barrier; critics said it forces most residents into variance hearings and expense despite predictable outcomes.

Members discussed alternative approaches such as a menu of approved fence materials and styles (to avoid the stark white vinyl look several members criticized) and neighborhood-education strategies. The board requested staff prepare example materials and a short display of acceptable alternatives to guide future revisions; no ordinance change was made at this meeting.