Fence height rules in Andover, Massachusetts
The Andover zoning text we reviewed (the 2022 recodified bylaw; it may have changed since) sets no general fence height limit or property-line setback, because fences aren't counted as 'structures'. On corner lots, keep anything between 3 and 8 feet tall out of the 25-foot sight triangle. Near wetlands, fences under 7 feet must stay at least 25 feet from the resource area unless the Conservation Commission allows otherwise.
| Max height (front, side, rear) | No zoning limit found [1] |
| Setback from property line | None in zoning; fences aren't 'structures' [1] |
| Corner-lot sight triangle | No obstruction 3 to 8 ft above street grade within 25 ft of the corner [2] |
| Wetlands setback (fences under 7 ft) | 25 ft from wetlands/banks/water; 50 ft in Watershed Protection Overlay; 100 ft from vernal pools [3] |
Fences aren't structures under zoning
Andover's Zoning Bylaw defines "structure" broadly but expressly excludes fences and garden walls [1]. Yard setbacks and height limits apply to buildings and structures, so the 2022 bylaw text we reviewed sets no front, side or rear fence height limit and no minimum distance from the property line. It also has no fence permit requirement and no rule on which side faces out.
Corner lots
On corner lots, no fence, sign or planting may dangerously block drivers' view at an intersection. The bylaw treats as an obstruction anything more than 3 feet and less than 8 feet above street grade inside the triangle formed by the two street lines and a line joining points 25 feet from where they meet [2].
Near wetlands
Andover's Conservation Commission regulations set minimum distances for fences under 7 feet tall, landscape walls and landscaping [3]:
- 25 feet from any bank, wetland, marsh, pond, river, stream or land under water
- 50 feet from resource areas in the Watershed Protection Overlay District
- 100 feet from a vernal pool
The Commission may allow minor work such as fencing inside the 25- or 50-foot buffer if you clearly show it won't harm the buffer or the wetland [4]. Talk to the Conservation Agent first.
Other notes
Screening rules elsewhere in the bylaw (6-foot solid fences around some business, parking and child-care uses) apply to those uses, not typical homes. The current bylaw is published on eCode360, which we couldn't access. The text we used dates from 2022 and may not include later amendments, so confirm with the Building Division.
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Next steps
- Confirm your property line with a survey or existing bounds before building near it.
- On a corner lot, keep the 25-foot sight triangle clear of anything 3 to 8 feet high.
- If your yard is within 100 feet of a wetland, pond or stream (or 200 feet of a river), contact the Andover Conservation Commission before installing a fence.
- Ask the Building Division (978-623-8620) whether any newer fence rules apply; a state building permit is needed only for fences over 7 feet.
Common questions
- Is there a fence height limit in Andover, Massachusetts?
- The 2022 zoning text we reviewed sets no general fence height limit, because fences are excluded from the bylaw's definition of "structure." That text may have changed since, so confirm with the Building Division.
- Do I need a permit to build a fence in Andover, Massachusetts?
- The zoning text reviewed has no fence permit requirement. A state building permit is needed only for fences over 7 feet. Near wetlands, contact the Conservation Commission first.
- How close to the property line can a fence be in Andover, Massachusetts?
- Zoning sets no minimum distance from the property line for fences, since they aren't counted as structures. Confirm your property line with a survey or bounds before building.
- What are the fence rules for corner lots in Andover, Massachusetts?
- On a corner lot, nothing more than 3 feet and less than 8 feet above street grade may block the sight triangle, which extends 25 feet from where the street lines meet.
- Can I put a fence near wetlands in Andover, Massachusetts?
- It depends. Fences under 7 feet must stay at least 25 feet from wetlands, banks and water (50 feet in the Watershed Protection Overlay, 100 feet from a vernal pool), unless the Conservation Commission allows minor work in the buffer.
Massachusetts state rules on fences
Most fence rules in Massachusetts are local, set in your town's zoning bylaw and sometimes historic-district rules. A few state laws apply everywhere:
- Building permit: the State Building Code (780 CMR, 10th edition) does not require a building permit for fences 7 feet high or less. Taller fences need one. Zoning height limits and setbacks still apply, and many towns cap fences at 6 feet.
- Spite fences: under M.G.L. c. 49, §21, a fence that unnecessarily exceeds 6 feet and is maliciously put up or kept to annoy a neighbor is a private nuisance. The neighbor can sue for damages.
- Fence viewers: every town must appoint fence viewers each year (c. 49, §1). Where adjoining owners both enclose and use their land, they share the upkeep of the partition fence equally unless they agree otherwise. If one side won't repair their share, the other can complain to the fence viewers, who can order the repair (c. 49, §§3–4). By statute, a "legal and sufficient" fence is 4 feet high and in good repair (c. 49, §2).
- Pool fences must meet the state pool barrier rules (see Pools).
- Wetlands: fence work in a wetland or within 100 feet of one may need Conservation Commission review.
What the bylaw says
- Sec. 10.0 Definitions, Structure, Re-Codified Andover Zoning Bylaw (March 21, 2022 text, adopted as new Article VIII at 2023 ATM) - town PDF, p. 135
“Structure” shall include, but not be limited to, swimming pools, tennis courts, sports courts, and courts for athletic and recreational activity and the equipment and paraphernalia associated with any such court but shall not include fences, garden walls, and paved areas used solely for vehicular or pedestrian access or both.
- Sec. 4.1.3.2(g) Yards, Re-Codified Andover Zoning Bylaw (March 21, 2022 text, adopted as new Article VIII at 2023 ATM) - town PDF, p. 11
This requirement shall be deemed to include, but not be limited to, any such obstruction that is more than three feet and less than eight feet above the grade of the adjoining way, and is located within an area bounded by the side lines of the intersecting ways and the line joining points on such ways 25 feet from the intersections of such side lines or the intersections of the side lines projected so as to interfere with traffic visibility across the corner.
- Sec. 4(3) Building/Structure Setbacks, table item 8, Conservation Commission Wetland Protection Regulations (revised through July 8, 2026), p. 5
8. Fences under 7’ ht., landscape walls, and landscaping. (The 25 50 100 distances are the same as those required for Buffer Strips)
- Sec. 7(6)(d)(2) Buffer Zones, General Performance Standards, Conservation Commission Wetland Protection Regulations (revised through July 8, 2026), p. 27
Minor projects, such as establishment of pervious footpaths (3 feet or less), fencing, or other such activities as described in 310 CMR 10.02(2)(b)2. may be permitted within the 25- or 50-foot buffer zone at the discretion of the Conservation Commission and upon clear showing that said activity will not result in adverse effects to the buffer zone or the downgradient resource areas.