Fence height rules in Salem, Massachusetts
In Salem's residential districts a fence can be up to 6 feet tall and may be built right on the property line; the zoning text we reviewed doesn't require a fence permit outside the Entrance Corridor and flood overlay districts. On corner lots, nothing over 3 feet is allowed in the 25-foot sight triangle, and in the Entrance Corridor and North River Canal Corridor districts front and side fences are limited to 4 feet.
| Max height (residential districts) | 6 feet [1] |
| Setback from property line | None; fences may abut the line [2] |
| How height is measured | On the owner's (inside) face, from finished grade to the highest point [2] |
| Corner-lot sight triangle | Nothing over 3 ft within 25 ft of the intersection [3] |
| Entrance Corridor Overlay (ECOD) | 4 ft max along front/side lines; no chain link; fence permit required [8] |
| North River Canal Corridor (NRCC) | 4 ft max along front line and side line to the front building line; no chain link or wire [6] |
| Business/industrial districts | Up to 10 feet [1] |
Height limits
Salem's Table of Dimensional Requirements caps retaining walls, boundary walls and fences at 6 feet for residential uses, and 10 feet for commercial uses [1]. The table's fence row lists 6 feet for the RC, R1, R2 and R3 residential districts, 10 feet for B1, B2, B4, I and BPD, and 4 feet for NRCC. Height is measured on the inside face of the fence, on the owner's side, from finished grade to the highest point [2].
Location
Fences and walls may be built abutting the property line [2], so there is no zoning setback. Make sure you know where the line actually is before you build.
Corner lots
At intersections, no fence, wall, hedge or other structure or planting more than 3 feet above street grade may sit in the triangle formed by the two street lines and a line joining points 25 feet from the corner [3].
Special districts
In the Entrance Corridor Overlay District (ECOD), fences along front and side lot lines are limited to 4 feet, chain-link and wire fences are prohibited there, and any fence requires a fence permit from the building department [4][5][8]. In the North River Canal Corridor district, fences along the front line, and along side lines up to the front building line, are limited to 4 feet, and chain-link and wire fences are banned on any lot line [6][9]. In the Flood Hazard Overlay District, a permit is required for any development including fences [7].
Permits
Outside the ECOD and flood zone, the zoning text we reviewed doesn't require a separate fence permit for a typical residential fence. Check with Inspectional Services, and note that the state building code requires a building permit for fences over 7 feet, which would exceed Salem's 6-foot limit anyway. Properties in local historic districts may need Historical Commission approval; that wasn't in the sources reviewed.
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Next steps
- Confirm your zoning district and whether you're in the Entrance Corridor, North River Canal Corridor or Flood Hazard overlay (city zoning map or Inspectional Services, 978-619-5641).
- Locate your property line (survey or existing bounds) since fences may be built right on it.
- Keep the fence at 6 feet or less (4 feet along front/side lines in ECOD/NRCC), and keep corner sight triangles under 3 feet.
- If you're in the ECOD or a flood zone, apply for a fence/building permit with Inspectional Services before building.
Common questions
- Do I need a permit for a fence in Salem, MA?
- It depends on location. The zoning text reviewed doesn't require a fence permit for a typical residential fence outside the Entrance Corridor Overlay and Flood Hazard Overlay districts; in those districts a permit is required. Check with Inspectional Services, and note historic districts may need Historical Commission approval.
- How tall can a fence be in Salem, Massachusetts?
- Up to 6 feet in Salem's residential districts and up to 10 feet in business and industrial districts. In the Entrance Corridor and North River Canal Corridor districts, front and side fences are limited to 4 feet. Height is measured on the owner's side from finished grade.
- Can I put a fence on the property line in Salem, MA?
- Yes. Salem lets fences and walls be built abutting the property line, so there's no zoning setback. Confirm where the line actually is before you build.
- What are the corner lot fence rules in Salem, Massachusetts?
- On corner lots, no fence, wall, hedge or planting more than 3 feet above street grade may sit in the triangle formed by the street lines and a line joining points 25 feet from the corner.
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. 4.1.1 Table of Dimensional Requirements, note ***, Zoning Ordinance Sec. 4.0 Dimensional Requirements (Table 4.1.1 incl. max height of fences/walls), p. 1
Fences shall be no more than six (6) feet for residential uses, excluding the NRCC district unless otherwise provided, and ten (10) feet for commercial uses.
- Sec. 4.1.1 Table of Dimensional Requirements, note ***, Zoning Ordinance Sec. 4.0 Dimensional Requirements (Table 4.1.1 incl. max height of fences/walls), p. 1
***Retaining walls, boundary walls and/or fences may be built abutting the property line. The height of the retaining walls, boundary walls and/or fences shall be measured on the inside face of the structure on the owner's side.
- Sec. 6.8 Visibility at Intersections, Zoning Ordinance Sec. 6.0 Special Regulations (6.8 Visibility at Intersections; 6.11 etc.), p. 1
In order to provide unobstructed visibility at intersections, no sign, fence, wall, hedge or other structure or planting of more than three (3) feet above the established street grade shall be erected, placed or maintained within the triangular area formed by the intersection street lines and a straight line joining said street lines at points which are twenty-five (25) feet distant from the point of intersection, measured along said street lines.
- Sec. 8.2.4(1) Fences (Entrance Corridor Overlay District), Zoning Ordinance Sec. 8.0 Special District Regulations (8.1 Flood Hazard Overlay District; 8.2/8.4 district fence standards), p. 1
No fence along front or side lot line shall be more than four (4) feet in height, as measured from the curb level of the street, or average grade elevation of the land where the fence is to be located, whichever is deemed appropriate.
- Sec. 8.2.4(2) Fences (Entrance Corridor Overlay District), Zoning Ordinance Sec. 8.0 Special District Regulations (8.1 Flood Hazard Overlay District; 8.2/8.4 district fence standards), p. 1
Chain link and wire fences are prohibited along front and side lot lines.
- Sec. 8.4.6 Fences (North River Canal Corridor), Zoning Ordinance Sec. 8.0 Special District Regulations (8.1 Flood Hazard Overlay District; 8.2/8.4 district fence standards), p. 1
No fence along a front line or side lot line to the front building line shall be more than four (4) feet in height, as measured from the curb level of the street or the average grade elevation of the land where the fence is to be located, whichever is deemed appropriate.
- Sec. 8.1.3 Applicability (Flood Hazard Overlay District), Zoning Ordinance Sec. 8.0 Special District Regulations (8.1 Flood Hazard Overlay District; 8.2/8.4 district fence standards), p. 1
The City of Salem requires a permit for all proposed construction or other development in the floodplain 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.
- Sec. 8.2.4(3) Fences (Entrance Corridor Overlay District), Zoning Ordinance Sec. 8.0 Special District Regulations (8.1 Flood Hazard Overlay District; 8.2/8.4 district fence standards), p. 1
Any fence constructed within an ECOD shall require a fence permit issued by the City building department.
- Sec. 8.4.6(2) Fences (North River Canal Corridor), Zoning Ordinance Sec. 8.0 Special District Regulations (8.1 Flood Hazard Overlay District; 8.2/8.4 district fence standards), p. 1
Chain link and wire fences are prohibited along any lot lines.