Falmouth, Massachusetts: what can you build or do?
Plain-English answers to common homeowner questions, taken from Falmouth's published bylaws, with every rule linked to the section it comes from.
Last reviewed
Accessory Dwelling Units (ADUs) Yes. Since November 2024, Falmouth's zoning bylaw allows one accessory dwelling unit per lot as of right, up to 900 sq ft or half the main home's floor area, whichever is less. You need Planning Board Site Plan Review before a building permit, one on-site parking space, and the ADU can't be used for weekly or monthly summer rentals.Allowed with board review
Backyard Chickens Generally yes. Falmouth's zoning bylaw (November 2022 version, which may have changed) allows agriculture, including keeping poultry for the household's own use, in all residence districts. A Board of Health poultry regulation, posted only as a draft and not confirmed as adopted, would put coops and runs at least 50 feet from a neighbor's house and 10 feet from the property line, with 10 sq ft per bird.Allowed
Fences Falmouth's zoning bylaw (November 2022 version, which may have changed) sets no general fence height limit and says fences aren't "structures," so building setbacks don't apply to them. This answer rests on that silence. Near a driveway, nothing over 3 feet may sit in the clear sight triangle, and fences in a local historic district that are visible from a public way are treated as structures.Allowed
Sheds & Accessory Buildings Yes. In Falmouth, a shed of 100 sq ft or less can sit 3 feet from the side and rear lot lines; bigger accessory buildings need 10 feet. Sheds can't go in the front yard without a Zoning Board of Appeals special permit, and accessory buildings are capped at 22 feet tall.Allowed
Burn Permits & Backyard Fires Brush burning is allowed only from January 15 through May 1, between 10 a.m. and 4 p.m., with a burn permit from Falmouth Fire Rescue. On each burn day you must call the open burning line (508-495-2506) between 9:30 a.m. and noon. Only tree trimmings, brush and storm-debris branches may be burned, at least 75 feet from any structure.Allowed with a permit
Home-Based Businesses Yes. Falmouth allows a home-based business by right if it uses no more than 30% of your home's floor area, has no outside change or exterior storage, adds no more than 2 parked vehicles, and has one unlit sign of up to 2 sq ft. Only family members living there may work on site. Up to 2 outside employees, company vehicles or outdoor storage need a Zoning Board of Appeals special permit.Allowed
Swimming Pools Yes. Falmouth's zoning treats a pool more than 24 inches deep as a structure, so it must be at least 10 feet from side and rear lot lines and 25 feet from the street. It can't go in the front yard without a Zoning Board of Appeals special permit. You'll also need a building permit and a state-code pool barrier.Allowed with a permit
Building Near the Water (Wetlands Rules) Work within 100 feet of a wetland, bank, beach, pond or the ocean needs Conservation Commission approval under Falmouth's wetlands bylaw. The commission's regulations (2014 compilation, which may have changed) keep a 25- to 100-foot no-disturbance zone, depending on the resource, where no work is allowed if it is naturally vegetated. Zoning separately keeps new houses at least 50 feet from the ocean, bays, tidal rivers and ponds.Allowed with board review
Docks, Piers & Floats Possibly, but only with a Conservation Commission permit under strict standards (from the town's 2014 wetland regulations, which may have changed). In Falmouth's recreational harbors, a private dock can extend no more than 100 feet beyond mean high tide (or the edge of salt marsh), the end float or "L"/"T" can't exceed 100 sq ft, and the water at the end must be at least 3 feet deep at mean low water. New docks are barred within 50 feet of eelgrass and near productive shellfish beds, and in V-zones and ACECs unless there's a public benefit.Allowed with board review
We couldn't download Falmouth's bylaw text for the other 1 topics yet, so we don't cover them rather than guess.
Sources and contacts
Code enforcement: Building Department / Inspectional Services, 508-495-7470 (main/inspections); counter 508-495-7469 · website