Fence height rules in Burlington, Massachusetts
Burlington has no fence bylaw, and the zoning bylaw we have (through January 2025) sets no fence height limit, fence setback or corner sight-line rule for homes, so the "allowed" verdict rests on that silence. Whether zoning setbacks apply to fences isn't stated (a January 2026 setback amendment isn't in our copy), so confirm with the Building Department; near wetlands or in the floodplain, extra permits apply.
| Local fence height limit | None found in the Zoning Bylaw [1] |
| Wetlands District | Fences allowed as an accessory use (all districts) [1] |
| Floodplain overlay | Town permit required for fences [3] |
| Wetland buffer zone (within 100 ft) | Fences not needing a building permit presumed not to alter a resource area if setbacks are met [4] |
| Zoning definition of structure | Anything constructed with a permanent location in the soil [5] |
No fence bylaw or height limit
We found no fence section in Burlington's Zoning Bylaw (consolidated through January 2025), and the town has no separate fence bylaw in our sources. The bylaw doesn't set a maximum fence height for front, side or rear yards, a required setback from the property line, a finished-side rule, or a corner-lot sight triangle for residential fences.
Where fences are mentioned
- Wetlands District: the use table allows, by right in every district, accessory uses in the Wetlands District "limited to fences, flagpoles, noncommercial signs, docks" [1]. Anything not listed for the Wetlands District is prohibited there [2].
- Floodplain overlay: the town requires a permit for all construction or development in the floodplain overlay district, and the list specifically includes fences [3].
- Wetland buffer zone: under the Conservation Commission's wetland regulations, installing fences or structures that don't need a building permit in the 100-foot buffer zone is presumed not to alter a resource area, provided the regulation's setback distances are met [4]. That presumption can be rebutted, so check with the Commission first.
Setbacks are unclear
The bylaw defines a "structure" as anything constructed that needs a permanent location in the soil [5], and the dimensional schedule says no structure may be built except in conformance with front, side and rear setbacks. The bylaw doesn't say whether this applies to fences, and fences are commonly built on lot lines. A January 2026 amendment clarifying the "setback" definition isn't in our copy of the bylaw. Ask the Building Department before relying on a lot-line location. Fences show up in the zoning only as an allowed accessory use in the Wetlands District and as work needing a permit in the floodplain overlay.
State rules
Under the state building code, fences 7 feet high or less generally don't need a building permit. Pool barriers must meet state pool rules.
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Next steps
- Locate your property lines (plot plan or survey) before setting posts.
- Check the town's wetlands and floodplain maps; if the fence is in the floodplain overlay or within 100 feet of a wetland, contact the Conservation Commission and Building Department first.
- Call the Building Department (781-270-1615) to confirm whether a fence on or near the lot line raises any setback issue, and whether a permit is needed (fences over 7 feet need one under the state code).
Common questions
- Do I need a permit for a fence in Burlington, Massachusetts?
- Generally no, but confirm with the Building Department. Burlington has no fence bylaw, and under the state building code fences 7 feet high or less generally don't need a building permit. Fences in the floodplain overlay need a town permit, and work near wetlands should be checked with the Conservation Commission.
- Is there a fence height limit in Burlington, Massachusetts?
- No local limit was found. The zoning bylaw we have (through January 2025) sets no fence height limit for front, side or rear yards, so this rests on the bylaw's silence. Fences over 7 feet need a permit under the state code.
- How close to the property line can a fence be in Burlington, Massachusetts?
- It's unclear. The bylaw doesn't say whether zoning setbacks apply to fences, and a January 2026 setback amendment isn't in our copy. Ask the Building Department before relying on a lot-line location.
- Can I put a fence near wetlands in Burlington, Massachusetts?
- It depends. Fences are an allowed accessory use in the Wetlands District. In the 100-foot buffer zone, fences that don't need a building permit are presumed not to alter a resource area if the regulation's setbacks are met, but that can be rebutted, so check with the Conservation Commission first.
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
- §4.4.2.1 Accessory Uses in the Wetlands District, Burlington Zoning Bylaws (as amended through January 2025, pending AG approval at posting), p. 55
Accessory uses limited to 4.4.2.1 fences, flagpoles, YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES noncommercial signs, docks
- §8.2.3 Interpretation and Application, Burlington Zoning Bylaws (as amended through January 2025, pending AG approval at posting), p. 92
Any use within the limits of the Wetland District shall be governed by this section and all other applicable provisions of this Bylaw. All uses not specifically permitted by Section 4.4.1 or 4.4.2 are prohibited.
- §8.1.4 Permitted Land Uses (Floodplain District), Burlington Zoning Bylaws (as amended through January 2025, pending AG approval at posting), p. 89
The Town of Burlington requires a permit for all proposed construction or other development in the floodplain overlay district, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties.
- Buffer Zone, c) Presumptions 3.ii, Burlington Wetland Bylaw Regulations (adopted Jan 23, 2014; amended March 14, 2024, effective April 1, 2024), p. 32
3. The following activities in the Buffer Zone are presumed not to alter a resource area provided the above setback distances are met: i. landscape plantings of non-invasive species, provided that areas disturbed are mulched immediately and there is no change in grade; ii. construction or installation of fences or structures not requiring a building permit;
- Art. II, Structure, Burlington Zoning Bylaws (as amended through January 2025, pending AG approval at posting), p. 32
Anything constructed or erected, the use of which demands a permanent location in the soil, or attached to something having a permanent location in the soil.