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Fence height rules in Chatham, Massachusetts

Chatham, Barnstable County · Bylaws checked 2026-10-03 · Reviewed · 9 cited sections

Allowed

Chatham's zoning bylaw sets no general fence height limit. Fences under 6 feet can go up to the property line, but a fence 6 feet or taller must meet the building setbacks. On corner lots, nothing over 2½ feet can sit within the 25-foot sight triangle, and fences near wetlands or the shore need extra approvals.

Fences under 6 ftExempt from setbacks (can be on the property line) [1]
Fences 6 ft or tallerMust meet building/structure setbacks for the district [1]
Corner-lot sight triangleMax 2½ ft above the road within 25 ft of the intersection [2]
In a Conservancy District (shore, marsh, pond edge)Special permit from the Zoning Board of Appeals [3]
Within 50 ft of a wetland resource areaNew fences prohibited without a Conservation Commission variance [4]

Height and setbacks

The Protective Zoning Bylaw has no general cap on fence height in front, side or rear yards. Its rule is about setbacks: fences less than 6 feet high (measured from existing grade) are expressly excluded from setback requirements, so they may be built along the property line [1]. A fence 6 feet or taller gets no such exemption. The bylaw defines a "structure" as any combination of materials assembled on the ground, so a taller fence must meet the building/structure setbacks in Appendix II [6]. Appendix II's table sets 40 feet from the road and 25 feet from abutters in R60 and R40, 40 and 40 feet in R40A, and 25 and 15 feet in R30, R20 and R20A [8]. In R60 and R40, lots that existed before May 1987 use 30 feet from the road and 20 feet from abutters instead [9]. The bylaw doesn't regulate materials or which side faces out.

Corner lots

In any district, no fence, wall, hedge or planting over 2½ feet above the road surface may sit in the triangle formed by the two street lines and a line joining points 25 feet from their intersection [2].

Near the water and wetlands

  • Conservancy Districts (coastal floodplain, marshes, land under and near ponds): building a fence needs a special permit from the Zoning Board of Appeals. The fence must meet street and abutter setbacks and let water flow freely [3].
  • Wetland buffers: the Conservation Commission's regulations prohibit new fences within the 50-foot No Disturb Zone of a wetland resource area unless a variance is granted [4]. Elsewhere in the 100-foot buffer, fencing must not create a barrier to wildlife movement [5]. Any work within 100 feet of a wetland generally needs a Conservation Commission filing.
  • Floodplain: fences in the Floodplain Overlay District require a permit [7].

Permits

The zoning bylaw itself doesn't require a fence permit outside these areas. Under the state building code, fences over 7 feet need a building permit.

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

Next steps

  1. Confirm your property line (a survey or existing bounds) before setting posts on or near it.
  2. If you want a fence 6 feet or taller, check your zoning district's setbacks with the Building Division (508-945-5168).
  3. On a corner lot, keep the 25-foot sight triangle clear of anything taller than 2½ feet.
  4. If the yard is within 100 feet of a wetland, marsh, pond or the shore, or in a flood zone, contact the Conservation Commission (and ZBA for Conservancy Districts) before installing.

Common questions

Is there a fence height limit in Chatham, Massachusetts?
Chatham's zoning bylaw sets no general fence height limit. Fences under 6 feet are exempt from setbacks, but a fence 6 feet or taller must meet the building setbacks for the district.
How close to the property line can a fence be in Chatham, Massachusetts?
A fence under 6 feet can go right up to the property line. Confirm your line with a survey or bounds before setting posts.
Do I need a permit for a fence in Chatham, Massachusetts?
The zoning bylaw doesn't require a fence permit outside shore, conservancy and floodplain areas, and the state building code requires one only for fences over 7 feet. Fences in a Conservancy District need a special permit from the Zoning Board of Appeals.
What are the corner lot fence rules in Chatham, Massachusetts?
Nothing over 2½ feet above the road may sit in the triangle formed by the street lines and points 25 feet from their intersection.
Can I put a fence near wetlands in Chatham, Massachusetts?
New fences are prohibited within the 50-foot No Disturb Zone of a wetland resource area unless the Conservation Commission grants a variance. Elsewhere in the 100-foot buffer, fencing must not create a barrier to wildlife movement.

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 Chatham's published bylaws. Section numbers are as printed in the source.

  1. Sec. III.D.3.f Projections, Protective Zoning Bylaw, as amended through May 2025 (attested 09/03/2025), p. 30
    Steps and stoops not exceeding thirty (30) square feet in area, eaves and cornices, and fences of less than six (6) feet in height from existing grade are specifically excluded from the setback requirements of this Bylaw.
  2. Sec. III.D.3.d Corner Lot Visual Clearance, Protective Zoning Bylaw, as amended through May 2025 (attested 09/03/2025), p. 29
    In any district no fence, wall, hedge or other structure or planting more than two and one half (2½) feet in height above the surface of the road shall be erected or maintained within the triangular area formed by the two street sidelines and a straight line connecting points on such lines twenty-five (25) feet from the point of intersection.
  3. Sec. IV.A.3.a Conservancy Districts, Special Permit Uses, Protective Zoning Bylaw, as amended through May 2025 (attested 09/03/2025), p. 34
    The construction of catwalks, piers (per requirements of Section IV.A.6.c), ramps, stairs, unpaved trails, boathouses, boat shelters, roadside stands, fences, wildlife management shelters, foot bridges, observation decks or shelters, tennis courts, and structures used in conjunction with a fishing use.
  4. Wetlands Protection Regulations Sec. 4.01(6)(c) No Disturb Zones, Chatham Wetlands Protection Regulations (Rev. 6/11/2025, 1/14/2026, 7/1/2026), p. 69
    Specifically, within the NDZ, the following are prohibited unless authorized by the issuance of a variance pursuant to Section 1.12 of these regulations. (1) New structures (unless limited to the footprint of an existing structure) (2) new impervious or semi-pervious hardscape (3) new swimming pools (4) new fences
  5. Wetlands Protection Regulations Sec. 4.01(4)(b)(2) Protection of Wildlife Habitat, Chatham Wetlands Protection Regulations (Rev. 6/11/2025, 1/14/2026, 7/1/2026), p. 67
    Creating a barrier to wildlife movement within and between Resource Areas through the placement of fencing or other obstruction;
  6. Sec. II Definitions, 106. Structure, Protective Zoning Bylaw, as amended through May 2025 (attested 09/03/2025), p. 19
    “STRUCTURE” means any combination of materials assembled or maintained at a location on or in the ground or attached to something located on the ground, including but not limited to buildings, tennis courts, swimming pools, and retaining walls.
  7. Sec. IV.B.11 Floodplain District, Permits Required, Protective Zoning Bylaw, as amended through May 2025 (attested 09/03/2025), p. 46
    The Town of Chatham 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 risk to other properties.
  8. Appendix II Schedule of Dimensional Requirements, Minimum Building/Structure Setbacks (Road, Abutter), Protective Zoning Bylaw, as amended through May 2025 (attested 09/03/2025), p. 106
    R6013 60,000 150 407 257 50 R4013 40,000 150 407 257 50 R40A13 40,000 150 407 40 50 R3013 30,000 100 25 15 50 R2013 20,000 100 25 15 50
  9. Appendix II Schedule of Dimensional Requirements, footnote 7, Protective Zoning Bylaw, as amended through May 2025 (attested 09/03/2025), p. 107
    7 Except that for lots in existence prior to May 1987, a road setback of thirty (30) feet and an abutter’s setback of twenty (20) feet shall be required.
This page summarizes Chatham's posted bylaws as of 2026-10-03. Bylaws are amended, and individual lots can have overlays, subdivision covenants, or HOA rules that are stricter. Confirm with Community Development - Building Division (Building Commissioner) (508-945-5168) before you build. Spot an error?