Brookline, Massachusetts: what can you build or do?
Plain-English answers to common homeowner questions, taken from Brookline's published bylaws, with every rule linked to the section it comes from.
Last reviewed
Backyard Chickens Possibly, but it's hard on a typical Brookline lot. You need a Keeping of Animals permit from the Public Health Department, with Building Department zoning sign-off and a public hearing; typical conditions allow up to 12 hens, no roosters, in a fully covered pen. The 2018 zoning bylaw we have (§4.07, Use 57) also requires any coop or enclosure to be at least 100 feet from neighboring homes, and in single- and two-family districts 100 feet from the street, which many lots can't meet.Restricted
Short-Term Rentals (Airbnb / VRBO) Yes, but only in your primary residence (where you live at least 183 days a year) and only after you get a Certificate of Registration from the Select Board's Office. You can rent short-term for up to 90 days a year (up to 180 with Select Board approval), with at most 2 guests per bedroom and 8 guests total. These rules come from the version of the bylaw approved in March 2022 and may have changed.Allowed with a permit
Fences Under the version of Brookline's Zoning By-Law we reviewed (effective 2018), fences, hedges and walls up to 6 feet high may stand in the required front yard, and up to 7 feet in side and rear yards. Taller side or rear fences need a Board of Appeals special permit, and corner lots must keep a sight triangle clear.Allowed
Sheds & Accessory Buildings Under the version of Brookline's Zoning By-Law we reviewed (effective 2018), a shed in a required rear yard must be at least 6 feet from the side and rear lot lines and from the house, and no more than 15 feet tall. Sheds can't go in the required front yard. A non-commercial tool shed or greenhouse over 150 sq ft in a residence district needs a Board of Appeals special permit.Allowed with board review
Home-Based Businesses Yes. Under the version of Brookline's Zoning By-Law we reviewed (effective 2018), quiet home occupations run by residents inside the home are allowed, but you need a Board of Appeals special permit if customers or pupils come to the house. In residence districts a home occupation generally can't employ non-residents, keep stock for sale, or advertise outside except with a professional announcement sign.Allowed
Swimming Pools Yes, with a building permit. Under the version of Brookline's Zoning By-Law we reviewed (effective 2018), a swimming pool is allowed in every district except in the required front yard. A pool in a required side or rear yard needs a Board of Appeals special permit unless it is screened by a planted strip at least 4 feet wide that will form a dense year-round screen at least 6 feet high within three years.Allowed with a permit
Building Near the Water (Wetlands Rules) Brookline's Wetlands Protection Bylaw covers more than state law. It protects ponds of 5,000 sq ft or more, isolated wetlands of 2,500 sq ft or more, vernal pools and intermittent streams, and sets a 150-foot buffer zone. You need a Conservation Commission permit, issued after a public hearing, before altering any resource area or work inside that buffer.Allowed with board review
Docks, Piers & Floats Brookline's bylaws we reviewed don't specifically regulate docks, piers or floats. Brookline is an inland town with few waterfront lots, so any work in or next to a pond or stream would go through the Conservation Commission under the local Wetlands Protection Bylaw.Not specifically regulated
We couldn't download Brookline's bylaw text for the other 2 topics yet, so we don't cover them rather than guess.
Sources and contacts
Code enforcement: Building Department (enforces zoning), Town Hall 3rd Floor, 333 Washington St., 617-730-2100 · website