Fence height rules in Lincoln, Massachusetts
Lincoln's zoning bylaw sets no general fence height limit, and fences along interior side and rear lines that don't border a road, public trail or town land aren't regulated by it at all. Any fence within 20 feet of a lot line along a public way, a public path or trail, or public land needs a fence permit from the Building Inspector. If that fence is over 3½ feet tall, it also needs Planning Board approval after a public hearing. Road-facing fences must be set back at least 10 feet from the edge of the road (5 feet from a sidewalk or bike path), and on corner lots nothing over 3 feet is allowed in the sight triangle.
| Fence permit needed | Any fence within 20 ft of a lot line bordering a public way, public path/trail or public property [1] |
| Planning Board approval | Required for such fences over 3½ ft tall (public hearing, abutter notice) [1] |
| Setback from road edge | 10 ft (5 ft from a bike path or sidewalk) [4] |
| Corner-lot sight triangle | Max 3 ft high within 25 ft of the intersection [3] |
| Finished side | Must face the street or public property [2] |
| Max fence height elsewhere | No height limit in the zoning bylaw [1] |
When you need a permit
Section 18.5 regulates fences near public land and ways. Any fence within 20 feet of a lot line bordering a public way, a private way the public uses, a public path or trail, or publicly owned property needs a fence permit from the Building Inspector. This applies to new fences and replacements. If the fence is higher than 3½ feet, the Planning Board must also approve a fence plan at an advertised public hearing, with notice to abutters, before the permit is issued [1]. Earthen berms count as fences, and any berm needs a fence permit wherever it is. Berms over 3½ feet above natural grade within 50 feet of such a lot line also go to the Planning Board. Repairing farm fences that keep in livestock is exempt.
Fences along interior side and rear lines that don't border public land or ways aren't covered by Section 18.5. The bylaw also sets no general height limit, but state building-code and spite-fence rules (shown separately) still apply.
Design and placement criteria
The Building Inspector and Planning Board review applications against these criteria:
- Materials must blend with the landscape and neighborhood, and the finished side must face the street or public property [2].
- On a corner lot, nothing over 3 feet high is allowed in the triangle formed by the two streets and a line joining points 25 feet back from the intersection [3].
- Fences must not block sight lines at driveways, and must leave room for snow storage and emergency access.
- The fence must be at least 10 feet from the edge of the road where there's no sidewalk or bike path, and at least 5 feet from a sidewalk or bike path [4].
- The Building Inspector consults the Conservation Commission about wetlands and wildlife, so fences near wetlands may draw extra conditions.
If the Building Inspector or Planning Board denies a fence, you can appeal to the Board of Appeals. Fences in cluster developments go through site plan review.
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Next steps
- Measure how far the fence will be from any lot line bordering a road, public trail or town land. Within 20 ft, you need a permit.
- Apply to the Building Inspector (781-259-2613) with a plot plan showing abutting properties, easements and the fence location, plus details of materials, design and color.
- If the fence is over 3½ ft tall and within that 20-ft zone, expect a Planning Board public hearing with abutter notice before the permit issues.
- Keep the fence at least 10 ft from the road edge (5 ft from a sidewalk or bike path), and no higher than 3 ft in a corner-lot sight triangle.
Common questions
- Do I need a permit for a fence in Lincoln, Massachusetts?
- It depends on location. Any fence within 20 feet of a lot line along a public way, public path or trail, or public land needs a fence permit from the Building Inspector. Fences along interior side and rear lines aren't regulated by zoning.
- How tall can a fence be in Lincoln, Massachusetts?
- The zoning bylaw sets no general fence height limit. A fence in that 20-foot zone that is over 3½ feet tall also needs Planning Board approval after a public hearing.
- How far from the road must a fence be in Lincoln, Massachusetts?
- Road-facing fences must be set back at least 10 feet from the edge of the road, or 5 feet from a sidewalk or bike path.
- How tall can a fence be on a corner lot in Lincoln, Massachusetts?
- Nothing over 3 feet is allowed in the sight triangle.
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
- Sec. 18.5.3 Fence Permits Required, Zoning By-laws (latest amendment September 22, 2025), p. 103
18.5.3 Fence Permits Required No fence which is within twenty (20) feet of a lot-line which borders a public way, a private way used by the general public, a path and/or trail open to the general public, or any publicly owned property shall be erected or replaced without a fence permit from the Building Inspector. In cases involving a fence higher than three and one half (3 ½) feet, fence plan approval shall be required from the Planning Board, after an advertised public hearing with notices to abutters, before a fence permit m a y be issued.
- Sec. 18.5.5(2) Criteria for Approval, Zoning By-laws (latest amendment September 22, 2025), p. 104
2. Fences shall be placed so that the finished side faces the street or other property open to use by the general public.
- Sec. 18.5.5(3) Criteria for Approval, Zoning By-laws (latest amendment September 22, 2025), p. 104
3. On a corner lot, in order to ensure visibility, no fence higher than three (3) feet shall be erected, placed or maintained within the triangular area formed by the intersecting streets (measured at the edge of paving) and a straight line adjoining said streets measured at points which are twenty-five (25) feet back from the point of intersection of said street lines.
- Sec. 18.5.5(6) Criteria for Approval, Zoning By-laws (latest amendment September 22, 2025), p. 104
6. The location of a fence shall be set back at least ten (10) feet from the edge of the public way where there is no bicycle path or sidewalk, and at least five (5) feet from a bicycle path or sidewalk.