Fence height rules in Belmont, Massachusetts
Belmont's Zoning By-Law sets no general height limit or property-line setback for fences on a typical house lot, because fences aren't 'structures' under the by-law and are exempt from setbacks. The main limit is visibility: on corner lots and next to driveways and walkways, fences in the sight triangle can't block views between 3 and 8 feet high.
| Max fence height (front, side, rear) | No general limit in the Zoning By-Law [1] |
| Setback from property line | None; setbacks don't apply to fences [2] |
| Corner-lot sight triangle | Nothing between 3 ft and 8 ft high within 20 ft of the street intersection [3] |
| Driveway/walkway sight triangle | No visibility-blocking fence between 3 ft and 8 ft high within 10 ft of where a driveway or walkway meets the street [4] |
| McLean District fences | Max 4 ft in some subdistricts [5] |
Fences aren't 'structures'
The by-law defines a structure to exclude walls, fences and paving [1], and its definition of a setback (the open area between a property line and a structure) carves out fences, walls and other customary yard accessories [2]. In practice that means the district front, side and rear setbacks don't apply to fences, and we found no general fence height limit for residential lots in the Zoning By-Law.
Corner lots
On any corner lot, no fence or vegetation (other than tree trunks) may stand between 3 ft and 8 ft high in the triangle formed by the two street lines and a line joining points 20 ft back from their intersection [3]. A low fence under 3 ft is fine there.
Driveways and walkways
The same 3-to-8-foot visibility rule applies to a smaller triangle wherever a street meets another street, driveway or walkway, with sides 10 ft long [4]. Keep solid fencing low near the end of your driveway.
Special areas
In parts of the McLean District, fences and walls taller than 4 ft can't go within the required boundary setbacks without Planning Board approval [5], and some McLean housing areas cap all fences at 4 ft. Non-residential uses next to homes may have to build a screening fence at least 5 ft high. Properties in a local historic district may need Historic District Commission review for visible changes.
Other rules
Pool barriers have to meet the state building code. The State Building Code generally requires a building permit only for fences over 7 ft, and state law treats a fence over 6 ft put up to annoy a neighbor as a spite fence. General Bylaws (on eCode360) weren't available to us and could contain other fence rules.
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Next steps
- Confirm your property line with a survey or existing bounds before building at the line.
- On a corner lot or near your driveway, keep the fence under 3 ft (or see-through) inside the sight triangle.
- Ask the Building Division (617-993-2650) whether your fence needs a building permit (generally only over 7 ft) and whether any General Bylaw or historic-district rule applies.
Common questions
- Is there a fence height limit in Belmont, Massachusetts?
- The Zoning By-Law sets no general fence height limit for a typical house lot, because fences aren't "structures." Some McLean District areas cap fences at 4 ft, and the General Bylaws weren't available to review.
- How close to the property line can I build a fence in Belmont, Massachusetts?
- Setbacks don't apply to fences under the Zoning By-Law, so there is no required distance from the property line. Confirm your line with a survey before building.
- Do I need a permit for a fence in Belmont, Massachusetts?
- The State Building Code generally requires a building permit only for fences over 7 ft. Ask the Building Division whether any General Bylaw or historic-district rule applies.
- What are the corner lot fence rules in Belmont, Massachusetts?
- On a corner lot, nothing between 3 ft and 8 ft high may stand within 20 ft of the street intersection. A smaller 10 ft triangle applies where a driveway or walkway meets the street.
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
- §1.4 Definitions, Structure, Zoning By-Law (as amended through March 3, 2025; approved July 2, 2025) - complete town PDF, p. 20
Structure - Anything constructed or erected, the use of which requires fixed location on the ground, including buildings, mobile homes, signs, swimming pools, pergolas, and tanks, but for purposes of this By-Law not including walls, fences, or paving.
- §1.4 Definitions, Setback, Zoning By-Law (as amended through March 3, 2025; approved July 2, 2025) - complete town PDF, p. 18
Setback - An area open to the sky, located between a street right-of-way line or property line, and any structure or element thereof other than a fence, wall, or other customary yard accessory.
- §4.3.7(a)(1) Corner Setback for Fences and Other Landscaping, Zoning By-Law (as amended through March 3, 2025; approved July 2, 2025) - complete town PDF, p. 54
1. No building or structure in any district may be erected and no fence and no vegetation, except tree trunks, may be maintained or allowed to remain between a height of three feet and eight feet above the plane through their center line grades between the property lines of intersecting streets and a line joining points on such lines 20 feet distant from their point of intersection or, in the case of a rounded corner, the point of intersection of their tangents.
- §4.3.7(b) Driveways and Sidewalks or other pavement, Zoning By-Law (as amended through March 3, 2025; approved July 2, 2025) - complete town PDF, p. 56
No fence and no vegetation, except tree trunks, shall be located within a site triangle so as to obstruct visibility between a height of three feet and a height of eight feet above the plane through their curb grades.
- §6A.2.2-6A.2.3 McLean District subdistrict dimensional requirements, Zoning By-Law (as amended through March 3, 2025; approved July 2, 2025) - complete town PDF, p. 117
No fences or walls higher than 4 feet (or such greater height as is approved by the Planning Board in connection with Design and Site Plan Review), nor any parking areas, may be placed within such setback.