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Fence height rules in Duxbury, Massachusetts

Duxbury, Plymouth County · Bylaws checked 2026-10-03 · Reviewed · 7 cited sections

Allowed

Duxbury's zoning bylaw doesn't mention fence height or fence setbacks for homes, so this answer rests on that silence, not on an explicit permission. On a corner lot, keep anything between 3.5 and 8 feet tall out of the 15-foot sight triangle at the intersection. Extra review applies in the Local Historic District, the flood hazard district and near wetlands.

Corner sight triangle15 ft along each street from the intersection [1]
Height kept clear in triangleNothing between 3.5 ft and 8 ft above curb grade [1]
Fire hydrantsFences may not block the view or operation of a hydrant [2]
Local Historic DistrictCertificate from Historic District Commission before a permit [4]

These rules come from Duxbury's zoning bylaw as compiled through the June 2025 Special Town Meeting; later Town Meetings may have changed them.

Height and placement

We found no fence height limit or fence setback for residential lots in Duxbury's Protective (Zoning) Bylaw or General By-laws. The bylaw's setback rules are written for dwellings, accessory structures, pools and tennis courts. Fences aren't named in them. The State Building Code requires a building permit only for fences over 7 feet (see state rules on this page).

Corner lots

On a corner lot, nothing may be kept between 3.5 and 8 feet above curb grade within the triangle formed by the two street lines and a line joining points 15 feet from their intersection. That covers both structures and foliage [1]. The rule names "structure" and "foliage" rather than fences, but it is safest to treat a fence taller than 3.5 feet as barred from that triangle.

Fire hydrants

You may not put up a fence or plant anything that blocks the view of a fire hydrant from the street or blocks its operation [2].

Local Historic District

Inside Duxbury's Local Historic District, fences and walls count as "structures" [3]. No building permit for building or altering a structure there can be issued until the Historic District Commission issues a certificate [4]. In practice, review covers fences visible from the public way.

Flood zones and wetlands

In the Flood Hazard Overlay District, the town requires a permit for all development, and fences are named specifically [5]. Fences are an allowed use in the Wetlands Protection Overlay District [6]. Fence work within 100 feet of a wetland or the water also falls under the town wetlands bylaw. The Conservation Commission's regulations say fences there must not significantly hinder wildlife movement [7].

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Next steps

  1. Check the town's GIS or ask the Building Department (781-934-1100 ext. 6002) whether your lot is in the Local Historic District, a flood zone or within 100 feet of a wetland.
  2. If you're in the Local Historic District, apply to the Historic District Commission (through the Town Clerk) for a certificate before building a fence visible from the street.
  3. On a corner lot, keep the 15-foot sight triangle clear between 3.5 and 8 feet.
  4. Near wetlands or the water, contact the Conservation Commission before installing posts.

Common questions

Do I need a permit to build a fence in Duxbury, Massachusetts?
The zoning bylaw doesn't mention fence height or setbacks for homes, so this rests on that silence, not an explicit permission. Extra review applies in the Local Historic District, the flood hazard district and near wetlands.
How tall can a fence be on a corner lot in Duxbury, Massachusetts?
Keep anything between 3.5 and 8 feet tall out of the 15-foot sight triangle at the intersection.
Do I need approval for a fence in the historic district in Duxbury, Massachusetts?
Yes. In the Local Historic District you need a certificate from the Historic District Commission before a permit.
Can a fence block a fire hydrant in Duxbury, Massachusetts?
No. Fences may not block the view or operation of a hydrant.

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

  1. Sec. 410.4 (Corner Clearance), Protective (Zoning) Bylaws, amended through June STM 2025, p. 54
    Corner Clearance – Within the triangle formed by the lines of intersecting ways and a line joining points on such lines fifteen (15) feet distance from their point of intersection, or in case of a rounded corner, the point of intersection of their tangents, no structure and no foliage shall be maintained between a height of three and one-half (3-1/2) feet and a height of eight (8) feet above the plane through their curb grades.
  2. Ch. 7.12.1 (Fire Hydrants), General By-laws, revised 10-23-25 (incl. Ch. 9 Wetlands Protection, Ch. 7.1 Animal Control, Ch. 11 Right-to-Farm), p. 42
    7.12.1 No person shall plant any tree, plant or bush or erect any fence or other structure so that it obstructs the view of a fire hydrant from the nearest street or highway, or so that it obstructs the operation of a fire hydrant.
  3. Ch. 12.2 (Local Historic District, Definitions), General By-laws, revised 10-23-25 (incl. Ch. 9 Wetlands Protection, Ch. 7.1 Animal Control, Ch. 11 Right-to-Farm), p. 97
    “Structure” A combination of materials other than a Building, including but not limited to a Sign, fence, wall, terrace, walk or driveway.
  4. Ch. 12.6.2, General By-laws, revised 10-23-25 (incl. Ch. 9 Wetlands Protection, Ch. 7.1 Animal Control, Ch. 11 Right-to-Farm), p. 100
    12.6.2 No building permit for Construction of a Building or Structure or for Alteration of an Exterior Architectural Feature within a District and no demolition permit for demolition or removal of a Building or Structure within a District shall be issued by the Town or any department thereof until a Certificate as required under this Bylaw has been issued by the Commission.
  5. Sec. 402.4, Protective (Zoning) Bylaws, amended through June STM 2025, p. 26
    The Town of Duxbury requires a permit for all proposed construction or other development in the Flood Hazard 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 including alteration of topography (filling or removal of earth).
  6. Sec. 404.4(5), Protective (Zoning) Bylaws, amended through June STM 2025, p. 37
    5. Flower or vegetable garden, lawn and fence.
  7. DWR 22.0(d)(3) (Buffer Zone performance standards), Duxbury Wetlands Regulations (Conservation Commission), revised 07/12/2022, approved 08/09/2022, p. 59
    3) Fences shall not significantly hinder wildlife movement.
This page summarizes Duxbury'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 Building Department (Building Commissioner / Director of Municipal Services) (781-934-1100 ext. 6002 (Building Dept); ext. 5481 (Building Commissioner)) before you build. Spot an error?