Town Permit Guide

Home › Massachusetts › Bourne › Fences

Fence height rules in Bourne, Massachusetts

Bourne, Barnstable County · Bylaws checked 2026-10-20 · Reviewed · 8 cited sections

Allowed

Fences 6 feet tall or less need no permit in Bourne and can go right on your property line, as long as they're entirely on your land. Taller fences must meet the setbacks for a building; the Building Department's Fence FAQ also says they need a Zoning Board of Appeals special permit, though in the bylaw that special-permit rule sits in the Downtown District section. On corner lots, nothing between 2.5 and 8 feet high may block the view within 20 feet of the corner.

Permit for fences 6 ft or lessNot required [1]
Setback for fences 6 ft or lessNone; may be on the property line (1 ft buffer suggested) [2]
Good side / bad side ruleNone [1]
Fences over 6 ft (8 ft abutting a residential district)ZBA special permit and building yard setbacks, per the Building Department [3]
High fences, all districts (zoning §3560)Sight-obstructing fences over 6 ft must meet building yard setbacks [5]
Corner visibilityNo obstruction 2.5-8 ft high within the triangle 20 ft back from the corner [6]
Fence over 6 ft on a residential lot abutting commercial propertyExpress Building Permit, $50, with a certified plot plan [4]
Pool fence heightAt least 48 inches (Board of Health) [8]

Fences 6 feet or less

The Building Department's Fence FAQ (June 2026) says fences 6 feet or less don't need a permit and there's no good-side/bad-side rule [1]. There's no setback: the fence must be entirely on your property but can sit on the property line, though the town suggests a 1-foot buffer so you can maintain it without stepping onto your neighbor's land [2].

Taller fences

Zoning §3560 applies everywhere in town: sight-obstructing fences or walls over 6 feet must meet the yard (setback) requirements for a building [5]. The Fence FAQ goes further and says that, under §2874 and §3560, no fence may exceed 6 feet (8 feet when abutting a residential district) unless the Zoning Board of Appeals grants a special permit [3]. In the bylaw text itself, §3560 only sets the setback rule; the 6-foot special-permit rule appears in §2874, which is part of the Downtown District section and refers to a special permit from the "SPGA" rather than naming the ZBA [7]. Outside the Downtown District, the bylaw we read doesn't itself require a special permit for a taller fence, so ask the Building Department how it applies to your lot.

Under its "Fences Greater than 6 FT" heading, the FAQ says a residential property that directly abuts a commercial property must apply for an Express Building Permit ($50) with a certified site/plot plan showing the fence [4].

Corner lots

At street corners, no fence, wall, hedge or other obstruction may block vision between 2½ and 8 feet above street grade within the triangle formed by the two street lines and a line joining points 20 feet back from the corner [6].

Near wetlands and pools

For fences in a flood zone or within 100 feet of a wetland resource area, check with the Conservation Department, which may set conditions so wildlife can pass through [1]. A fence around a swimming pool must meet the Board of Health pool barrier regulation, including a height of at least 48 inches measured on the outside [8].

See how Bourne compares with 8+ other Massachusetts towns on fences →

Next steps

  1. Confirm your property line (a survey or certified plot plan helps) so the fence is entirely on your land.
  2. For a fence 6 feet or less, no permit is needed. If you're in a flood zone or within 100 feet of wetlands, check with the Conservation Department first.
  3. For a fence over 6 feet, plan to meet building setbacks and ask the Building & Inspection Department (508-759-0600 ext. 1512) whether you need a Zoning Board of Appeals special permit.
  4. If your fence will be over 6 feet and your lot directly abuts a commercial property, apply for the $50 Express Building Permit through OpenGov and upload a certified plot plan showing the fence.

Common questions

Do I need a permit for a fence in Bourne, Massachusetts?
No, not for a fence 6 feet tall or less. It can sit right on your property line as long as it's entirely on your land, though the town suggests a 1-foot buffer. Near wetlands or in a flood zone, check with the Conservation Department first.
How tall can a fence be in Bourne, MA?
Up to 6 feet with no permit. Taller fences must meet building setbacks. The Building Department's Fence FAQ says they also need a Zoning Board of Appeals special permit, but in the bylaw that special-permit rule sits in the Downtown District section, so ask the Building Department how it applies to your lot.
Is there a fence setback from the property line in Bourne, Massachusetts?
Not for fences 6 feet or less; they can go on the property line. Sight-obstructing fences over 6 feet must meet the yard setbacks for a building. On corner lots, nothing between 2.5 and 8 feet high may block the view within 20 feet of the corner.
What height does a pool fence need to be in Bourne, Massachusetts?
At least 48 inches, measured on the outside, under the Board of Health pool barrier regulation.

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.

State sources: M.G.L. c. 49, §21 (spite fences) · M.G.L. c. 49, §1 (fence viewers) · M.G.L. c. 49, §2 (legal and sufficient fences) · M.G.L. c. 49, §3 (partition fence maintenance) · M.G.L. c. 49, §4 (fence viewer proceedings) · 780 CMR 10th ed., Residential Chapter 1, R105.2 (work exempt from permit)

What the bylaw says

Exact text from Bourne's published bylaws. Section numbers are as printed in the source.

  1. Fence FAQ - Fences 6 FT or Less, Building & Inspections - Fence FAQ (June 2026), p. 1
    Fences 6 FT or Less • Do not require a permit • Ensure your fence is fully on your property and not your neighbor’s. There are no setback requirements • No Good Side/Bad Side
  2. Fence FAQ - Fences 6 FT or Less, Building & Inspections - Fence FAQ (June 2026), p. 1
    Fences must be entirely on your property and can be on your property line; however, we suggest a 1 FT buffer to allow for maintenance without the need to trespass on abutting property.
  3. Fence FAQ - Fences Greater than 6 FT, Building & Inspections - Fence FAQ (June 2026), p. 1
    According to sections 2874 & 3560 of the Town of Bourne Zoning Bylaw: No fence shall exceed a height of 6 feet (8 feet when abutting a residential district) from the grade plane unless granted a special permit from the Zoning Board of Appeals (ZBA) and must follow yard setbacks.
  4. Fence FAQ - Fences Greater than 6 FT, Building & Inspections - Fence FAQ (June 2026), p. 1
    Residential properties who directly abut a commercial property must apply for an Express Building Permit through the building department: Building- Express Permit RESIDENTIAL ONLY o $50 Permit Fee
  5. §3560 High Fences or Walls, Town of Bourne Zoning Bylaw ('2025 Zoning Bylaw', as most recently amended at the Special Town Meeting October 20, 2025), p. 153
    3560. High Fences or Walls. Sight-obstructing fences or walls exceeding six feet in height must observe yard requirements for a building.
  6. §3550 Corner Visibility, Town of Bourne Zoning Bylaw ('2025 Zoning Bylaw', as most recently amended at the Special Town Meeting October 20, 2025), p. 153
    3550. Corner Visibility. At corners no sign (except signs erected by a public agency), fence, wall, hedge, or other obstruction shall be allowed to block vision between 2 1/2 and 8 feet above the street grade within an area formed by the intersecting street lines and a straight line joining points on said street lines 20 feet back from their point of intersection.
  7. §2874 Fences (Downtown District), Town of Bourne Zoning Bylaw ('2025 Zoning Bylaw', as most recently amended at the Special Town Meeting October 20, 2025), p. 84
    2874. Fences No fence shall exceed a height of 6 feet (8 feet when abutting a residential district) from the grade plane unless a granted a special permit from the SPGA.
  8. BOH Residential Swimming Pool Regulation, item 1, Board of Health Residential Swimming Pool (fence/barrier) Regulation (amended May 14, 2014), p. 1
    1. The top of the barrier or fencing shall be at least 48 inches above finished ground level measured on the side of the barrier which faces away from the swimming pool.
This page summarizes Bourne's posted bylaws as of 2026-10-20. Bylaws are amended, and individual lots can have overlays, subdivision covenants, or HOA rules that are stricter. Confirm with Building & Inspection Department (also the Zoning Enforcement Office; Building Commissioner/Chief Zoning Enforcement Officer), Bourne Town Hall Room 203, 24 Perry Avenue, Buzzards Bay MA 02532; complaints via the OpenGov portal; Conservation office 508-759-0600 ext. 1344; Health Department via https://www.bourne-ma.gov/1928/Health-Department (508-759-0600 ext. 1512) before you build. Spot an error?