Fence height rules in Concord, Massachusetts
Concord's Zoning Bylaw doesn't cap residential fence height, and fences are exempt from yard setbacks, so they can generally go up to the lot line. On corner lots, nothing over 3 ft may stand within the 10-ft sight triangle at the intersection. Fences near wetlands may need Natural Resources Commission review.
| Max height (residential yards) | No height limit found in the Zoning Bylaw [3] |
| Setback from lot line | None: fences are exempt from front, side and rear yard setbacks [3] |
| Corner lots | Nothing over 3 ft high within the 10-ft sight triangle at street corners [5] |
| Near wetlands | No wetlands permit if more than 50 ft from the wetland and the fence bottom is more than 6 in. off the ground [6] |
| Wetland No Disturbance Zone | No fences within 25 ft of a wetland without a waiver [7] |
Height and location
Concord's Zoning Bylaw does not set a height limit for residential fences, and fences don't have to meet yard setbacks. Front yards are measured to the nearest structure "with the exception of... walls and fences" [2]. The side and rear yard rules say nothing prevents "the construction of walls and fences" [3][4]. In practice you can usually build a fence right on your lot line. A survey helps you avoid building on your neighbor's land.
Corner lots
A fence is a "structure" under the bylaw [1]. At a street corner, nothing may be built, and no plants may grow, higher than 3 ft above curb grade inside the triangle formed by points 10 ft back along each street line [5]. On a corner lot, keep fences low or set them back from the corner.
Wetlands and floodplain
The wetlands rules below come from the Wetlands Bylaw as amended in 2013 and its 2010 regulations, and may have changed.
- More than 50 ft from a wetland: under the Wetlands Bylaw, you can build a new fence without a permit if it is more than 50 ft from the wetland edge (or a perennial stream's mean annual high-water line) and its bottom is more than 6 inches off the ground, so wildlife can pass [6].
- 25–100 ft from a wetland: other fences in this zone need Natural Resources Commission review.
- Within 25 ft (the No Disturbance Zone): fences are prohibited unless the Commission grants a waiver [7].
- Floodplain Conservancy District: fences there need a Board of Appeals special permit [8].
Other limits
Because the bylaw is silent on height, state rules decide when you need a permit. Under the State Building Code, fences over 7 ft need a building permit, and the state spite-fence law can apply to a fence that unnecessarily exceeds 6 ft. Concord also has a separate Sign Bylaw, historic districts, and pool-barrier requirements, none of which we reviewed for fence rules.
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Next steps
- Find your lot lines (plot plan or survey) before setting posts.
- On a corner lot, keep anything within 10 ft of the corner under 3 ft tall.
- If the fence is within 100 ft of a wetland or stream, contact the Natural Resources Division (141 Keyes Road) before building.
- If it's over 7 ft or in a historic district, check with Building & Inspections (978-318-3280) about permits.
Common questions
- Is there a fence height limit in Concord, Massachusetts?
- The Zoning Bylaw doesn't set a height limit for residential fences. Under the State Building Code, fences over 7 ft need a building permit.
- How close to the property line can a fence be in Concord, Massachusetts?
- Fences are exempt from yard setbacks, so they can generally go right up to the lot line. A survey helps avoid building on your neighbor's land.
- What are the corner lot fence rules in Concord, Massachusetts?
- Nothing over 3 ft above curb grade may stand inside the triangle formed by points 10 ft back along each street line.
- Can I put a fence near wetlands in Concord, Massachusetts?
- It depends on distance. More than 50 ft from a wetland, a fence needs no wetlands permit if its bottom is more than 6 inches off the ground. Within 25 ft, fences are prohibited unless the Commission grants a waiver.
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
- §1.3.27 Structure, Zoning Bylaw (amended through Annual Town Meeting April 2026), p. 8
1.3.27 Structure: A combination of materials assembled at a fixed location to give support or shelter, such as a building, framework, retaining wall, tent, reviewing stand, platform, bin, fence, sign, flagpole, recreational tramway, mast for radio antenna, a gas or liquid storage tank that is principally above ground, manufactured home, or the like.
- §6.2.6 Front yards, Zoning Bylaw (amended through Annual Town Meeting April 2026), p. 32
Front yards shall be measured between the sideline of the right-of-way and the nearest point of any structure, with the exception of uncovered steps and ramps or walls and fences.
- §6.2.7 Side yards, Zoning Bylaw (amended through Annual Town Meeting April 2026), p. 32
Side yards shall be measured from the nearest point of any dwelling or structure to each side lot line, provided that nothing shall prevent the projection of uncovered steps and ramps or the construction of walls and fences.
- §6.2.8 Rear yards, Zoning Bylaw (amended through Annual Town Meeting April 2026), p. 32
Rear yards shall be measured from the nearest point of any dwelling or structure attached thereto to the rear lot line provided that nothing shall prevent the projection of uncovered steps and ramps or the construction of walls and fences.
- §6.2.10 Corner clearance, Zoning Bylaw (amended through Annual Town Meeting April 2026), p. 32
6.2.10 Corner clearance: Between the sidelines of the intersecting streets and a straight line joining points on such sidelines ten (10) feet distant from their point of intersection or, in the case of a rounded corner, a straight line joining the points of intersection of their tangents, no building or structure may be erected and no vegetation may be maintained three (3) feet above the plane through their curb grades.
- §3.1(d) Exemptions, Concord Wetlands Bylaw (Art. 43, 2009 TM; amended Art. 58, April 2013), p. 2
d. Maintaining and constructing new fencing provided that: i. it is greater than 50 feet from the edge of the wetland boundary or 50 feet from the mean annual high water line of a perennial stream (whichever is farther); ii. it does not constitute a barrier to wildlife movement (i.e. the fence is greater than 6 inches from the ground surface);
- Section 2.1.2(ii) No Disturbance Zone, Concord Wetlands Bylaw Regulations, p. 2
Structures, including but not limited to buildings, porches, decks, pools, sheds, fences, and driveways, shall not be constructed or placed within a No Disturbance Zone.
- §7.2.5.1 Floodplain Conservancy District, Zoning Bylaw (amended through Annual Town Meeting April 2026), p. 44
including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds or storage facilities, drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties.