Fence height rules in Falmouth, Massachusetts
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.
| Fence height limit in zoning | None found [1] |
| Fences counted as 'structures' | No (except in historic districts, if visible from a public way) [1] |
| Driveway clear sight triangle | No obstructions over 3 ft [3] |
| Fences in historic districts | Treated as structures, but no setback required [2] |
No zoning height limit
We didn't find a fence height limit anywhere in Falmouth's zoning bylaw (Chapter 240). The bylaw's definition of "structure" says retaining walls and fences are not included [1]. Setbacks and height limits apply to structures, so a typical fence on a residential lot isn't subject to the 25-foot front or 10-foot side and rear building setbacks. It can generally go up to the property line.
Driveways and sight lines
Under the town's streets and sidewalks rules, driveways must keep a clear sight triangle based on the posted speed limit. No permanent obstruction or planting over 3 feet high may be placed in it [3]. A solid fence near where your driveway meets the street should stay at 3 feet or lower in that area.
Historic districts
In a local historic district created under c. 645 of the Acts of 1975, stonewalls, fences and gates that the Building Commissioner considers visible from a public way are treated as structures [1]. The setback sections say no setback is required for them [2], but changes in a historic district generally go to the Historic District Commission.
Business screening fences
The bylaw's landscaping section requires solid fences or walls (4 to 6 feet) as screening around commercial parking and between business and residential uses. Those rules are for commercial sites, not house lots.
Building permit and state rules
The bylaw doesn't set its own fence permit rule. Massachusetts' building code doesn't require a building permit for fences 7 feet or lower. A pool barrier must also meet state pool-barrier standards.
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Next steps
- Confirm your property line (a survey or stakes) before installing, since zoning doesn't require a setback for most fences.
- Keep anything near the driveway entrance at 3 ft or lower within the clear sight triangle.
- If you're in a local historic district, check with the Historic District Commission before building a fence visible from the street.
- Ask the Building Department (508-495-7470) about any fence over 7 ft or any pool-enclosure fence.
Common questions
- Do I need a permit for a fence in Falmouth, Massachusetts?
- The 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. This answer rests on that silence.
- How tall can a fence be near a driveway in Falmouth, Massachusetts?
- Nothing over 3 feet may sit in the clear sight triangle near a driveway.
- Are there fence rules in a historic district in Falmouth, Massachusetts?
- Yes. Fences in a local historic district that are visible from a public way are treated as structures, so check with the Historic District Commission.
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
- § 240-3.3 Definitions, Structure, Zoning Bylaw, Town Code Chapter 240, Articles 1-14 (November 2022 recodification), p. 17
Retaining walls or fences are not included except are provided for in the paragraph below. Stonewalls, retaining walls, fences, gates, memorials, and paved driveways, or other paved driveways or other paved areas located in an Historic District created pursuant to c. 654 of the Acts of 1975 as amended and, in the opinion of the Building Commissioner visible from a public way, shall be considered structures.
- § 240-11.4A(1)(j) Setback from Street Frontage, Zoning Bylaw, Town Code Chapter 240, Articles 1-14 (November 2022 recodification), p. 114
j. No setback is required for stonewalls, retaining walls, fences, gates, memorials, paved driveways, or other paved areas located in an Historic District created pursuant to c. 645 of the Acts of 1975, as amended, and that, in the opinion of the Building Commissioner, are visible from a public way.
- § 240-3.3 Definitions, Clear Sight Triangle (b) Driveways, Zoning Bylaw, Town Code Chapter 240, Articles 1-14 (November 2022 recodification), p. 27
b. Driveways – In accordance with Chapter 199 – Streets and Sidewalks, Article III of the Town Code, driveways shall be located and constructed in accordance with a clear sight triangle corresponding to the posted speed limit; no permanent obstructions or plant materials over 3 feet high shall be placed within the clear sight triangle.