Fence height rules in Brookline, Massachusetts
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.
| Max height in required front yard | 6 feet above natural grade [1] |
| Max height in side yard | 7 feet above natural grade [2] |
| Max height in rear yard | 7 feet above natural grade [5] |
| Over 7 feet (side/rear) | Board of Appeals special permit [3] |
| Corner sight triangle | Clear between 2.5 and 7 feet above curb, within 25 feet of the corner [4] |
Height limits
Brookline's zoning bylaw doesn't require fences to meet the usual yard setbacks if they stay under certain heights:
- Front yard: fences, hedges and walls up to 6 feet above natural grade may stand in the required front yard [1].
- Side and rear yards: fences, hedges and walls up to 7 feet above natural grade are exempt from the side-yard and rear-yard setbacks [2][5].
- Posts, piers and columns up to 16 inches square may rise 12 inches above these limits.
The bylaw doesn't require a fence to be set back from the property line within these limits.
Taller fences
A fence or wall over 7 feet in a side or rear yard can be allowed only by special permit from the Board of Appeals. The board must find the extra height is warranted to cut noise or another detrimental impact, or to improve safety, for example next to active train tracks [3]. The bylaw doesn't offer a similar special permit for front-yard fences over 6 feet.
Corner lots
All of these limits are subject to §5.45. On a corner lot, nothing (fence, planting or structure) may block traffic visibility between 2½ and 7 feet above the curb. This applies inside a triangle measured 25 feet along each street line from the corner, unless the Director of Transportation finds no safety hazard [4]. In practice, solid fences in that triangle usually need to stay under 2½ feet.
Caveats
The zoning text we reviewed is the town-posted PDF effective November 13, 2018, which may not include amendments adopted since then. The current official version is on eCode360. The bylaw doesn't say whether a fence needs a permit or which side must face out. Under the state building code, fences 7 feet or lower generally don't need a building permit. Local historic districts and wetland buffer areas can add their own reviews.
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Next steps
- Confirm current fence height limits (§§5.52, 5.62, 5.74) with the Building Department (617-730-2100), since our text is from 2018.
- On a corner lot, keep the 25-foot sight triangle clear between 2.5 and 7 feet above the curb, or ask the Director of Transportation to review your design.
- For a side or rear fence over 7 feet, apply to the Board of Appeals for a special permit and explain the noise or safety reason.
- If you are in a local historic district or near a wetland, check with the Preservation Commission or Conservation Commission before building.
Common questions
- How tall can a fence be in Brookline, Massachusetts?
- Under the 2018 zoning text we reviewed, fences, hedges and walls up to 6 feet may stand in the required front yard, and up to 7 feet in side and rear yards. The text may not include later amendments.
- Do I need a permit for a fence over 7 feet in Brookline, Massachusetts?
- A side or rear fence over 7 feet needs a special permit from the Board of Appeals. The bylaw offers no similar special permit for front-yard fences over 6 feet.
- Do I need a building permit for a fence in Brookline, Massachusetts?
- The bylaw doesn't say whether a fence needs a permit. Under the state building code, fences 7 feet or lower generally don't need a building permit.
- What are the corner lot fence rules in Brookline, Massachusetts?
- Nothing may block traffic visibility between 2½ and 7 feet above the curb within a triangle measured 25 feet along each street line from the corner, unless the Director of Transportation finds no safety hazard.
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
- §5.52 Fences and Terraces in Front Yards, Zoning By-Law full PDF (effective Nov 13, 2018; file dated 12/16/2021) - STALE, p. 155
Subject to §5.45, the provisions of §5.50 shall not apply to front fences, hedges, or walls not over six feet high above the natural grade in the required front yard nor to terraces, steps, uncovered porches, or other similar features not over three feet high above the level of the floor of the ground story.
- §5.62 Fences and Terraces in Side Yards, Zoning By-Law full PDF (effective Nov 13, 2018; file dated 12/16/2021) - STALE, p. 159
Subject to §5.45, the provisions of §5.60 shall not apply to fences, hedges or walls not over seven feet high above the natural grade nor to terraces, steps, uncovered porches, or other similar features not over three feet high above the level of the floor of the ground story.
- §5.74 Fences and Terraces in Rear Yards, Zoning By-Law full PDF (effective Nov 13, 2018; file dated 12/16/2021) - STALE, p. 162
Fences or walls over seven feet high above the natural grade may be allowed by special permit in cases where the Board of Appeals determines that it is warranted to mitigate noise or other detrimental impacts or provide greater safety, such as when a property is bounded by active train tracks.
- §5.45 Traffic Visibility Across Corners, Zoning By-Law full PDF (effective Nov 13, 2018; file dated 12/16/2021) - STALE, p. 153
In any district where a front yard is required, no structure, fence, planting or other struc- ture shall be maintained between a plane two and one-half feet above curb level and a plane seven feet above curb level so as to interfere with traffic visibility across the cor- ner within that part of the lot which is within a triangle bounded by the street lot lines and, a straight line drawn between points on each such lot line 25 feet from the intersection of said lot lines or extension thereof, except if the Director of Transportation determines that no safety hazard will result, such as from a fence or plantings that allows adequate visibility.
- §5.74 Fences and Terraces in Rear Yards, Zoning By-Law full PDF (effective Nov 13, 2018; file dated 12/16/2021) - STALE, p. 162
Subject to §5.45, the provisions of §5.70 shall not apply to fences, hedges or walls not over seven feet high above the natural grade nor to terraces, steps, uncovered porches, or other similar features not over three feet high above the level of the floor of the ground story.