Fence height rules in Hingham, Massachusetts
Hingham has no separate fence by-law. Under the Zoning By-Law, a fence or wall 6 feet or less in height isn't a "structure," so yard setbacks don't apply to it; a taller fence counts as a structure and must meet the district's setbacks. On corner lots, nothing between 2.5 and 8 feet high may block the view within the 15-foot sight triangle at the intersection.
| Fences treated as structures | Only if taller than 6 feet [1] |
| Corner sight triangle | 15 ft along each street line from the intersection [2] |
| Clear-view height band (corner) | No obstruction between 2.5 ft and 8 ft above curb grade [2] |
| Public way | No fence may extend into or over a sidewalk or public way [3] |
| Historic districts | Fences are 'structures' needing Historic Districts Commission review [4] |
Height and setbacks
Hingham doesn't have a stand-alone fence by-law, and the Zoning By-Law doesn't set a fence height limit. Instead, its definition of "structure" excludes "a fence or wall six (6) feet or less in height" [1]. In practice, that means a fence up to 6 feet tall can generally go up to the property line, because the district's front, side and rear yard setbacks apply to structures. A fence or wall taller than 6 feet is a structure and must meet the yard setbacks for your district.
Corner lots
Within the triangle formed by the two street lines and a line joining points 15 feet from their intersection, no building, structure, fence, wall, planting or other feature that blocks a clear view across the corner may be kept between 2.5 feet and 8 feet above the curb grade [2]. Corner-lot fences near the intersection should be kept under 2.5 feet or be see-through enough not to block the view.
Public ways
The General By-Laws prohibit putting up or maintaining any fence that extends into, on or over a sidewalk or other part of a public way [3]. Confirm where your property line is before you build along the street.
Historic districts
In Hingham's local historic districts, the Historic Districts By-Law defines "structure" to include a fence or wall [4]. Fences visible from a public way there may need a certificate from the Historic Districts Commission before you build.
Floodplain and wetlands
In the Floodplain Protection Overlay District, fences are allowed if they don't affect the natural flow of a watercourse [5]. Fences near wetlands may need Conservation Commission review.
Not addressed
The by-laws we reviewed don't say which side of the fence must face out or limit materials for residential fences.
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Next steps
- Keep the fence at 6 feet or under if you want to build on or near the property line; anything taller must meet zoning setbacks.
- On a corner lot, keep the 15-foot sight triangle at the intersection clear between 2.5 and 8 feet high.
- Confirm your property line (a survey helps) so the fence doesn't extend into the street or sidewalk.
- If you're in a local historic district, near wetlands or in the floodplain district, check with the Historic Districts Commission or Conservation Commission; for anything else ask the Building Department (781-741-1420).
Common questions
- Do I need a permit for a fence in Hingham, Massachusetts?
- Hingham has no separate fence by-law. Under the Zoning By-Law, a fence or wall 6 feet or less in height isn't a structure, so yard setbacks don't apply to it.
- How tall can a fence be on the property line in Hingham, Massachusetts?
- A fence 6 feet or less isn't a structure. A taller fence counts as a structure and must meet the district's setbacks.
- How tall can a fence be on a corner lot in Hingham, Massachusetts?
- Nothing between 2.5 and 8 feet high may block the view within the 15-foot sight triangle at the intersection.
- Are there fence rules in a historic district in Hingham, Massachusetts?
- Yes. In historic districts, fences are structures needing Historic Districts Commission review.
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
- Section VI, Definitions (Structure), Zoning By-Law (revised through April 28, 2026), p. 147
Anything constructed or erected at a fixed location on the ground to give support, provide shelter, or satisfy other purposes, but excluding a fence or wall six (6) feet or less in height, a sign, a flagpole, and a public
- Section IV-C, 7. Corner Lot and Clearance, Zoning By-Law (revised through April 28, 2026), p. 78
Within the area formed by the line of intersecting ways and a line joining points on such lines fifteen (15) feet distant from their point of intersection, or in the case of rounded corners, the point of intersection of their tangents, no building structure, fence, wall, planting, or other feature that would interfere with a clear and unobstructed view across the corner shall be maintained between a height of two and a half (2 1/2) feet and a height of eight (8) feet above the plane through their curb grades.
- Article 10, Section 1 (Public Ways), General By-Laws (revised through 2025 ATM), p. 27
SECTION 1 - No person shall erect, set up, or maintain any fence, portico, platform, or doorstep extending into, on, or over any sidewalk or other part of any public way.
- Article 28 (Historic Districts), definitions, General By-Laws (revised through 2025 ATM), p. 65
the word "structure" means a combination of materials other than a building, including a sign, fence, wall, terrace, walk or driveway.
- Section III-C, Floodplain Protection Overlay District, 5.a, Zoning By-Law (revised through April 28, 2026), p. 37
No development, building, wall dam, or other structure shall be created, constructed, altered, enlarged or otherwise created or moved for any living or other purposes provided that fences, wildlife management shelters, footpaths, bicycle paths, horse paths and footbridges are permitted if they do not affect the natural flow patterns of any water course.