Fence height rules in Sandwich, Massachusetts
Under Sandwich's zoning bylaw, a solid (sight-obstructing) fence or wall can be up to 3 feet tall in a required front yard and up to 6 feet in a required side or rear yard; taller needs a Zoning Board of Appeals special permit. If your home is north of Route 6 (the Old King's Highway Historic District), you also need a Historic District Committee certificate. Wood fences up to 4 feet in approved styles can get a $10 Certificate of Exemption without a hearing.
| Max height, required front yard (sight-obstructing) | 3 feet [1] |
| Max height, required side or rear yard (sight-obstructing) | 6 feet [1] |
| Taller fence | Special permit from the Zoning Board of Appeals [1] |
| Corner sight triangle | Nothing blocking vision 2.5-8 ft above grade within 20 ft of the corner [2] |
| Historic district exemption (north of Route 6) | Wood only, no more than 4 ft tall [4] |
| Finished side | Must face out from the fenced area (for an exemption) [5] |
| Exemption fee | $10 [6] |
Height limits (zoning Section 3560)
A sight-obstructing fence or wall can't be taller than 3 feet in a required front yard or 6 feet in a required side or rear yard. The Board of Appeals can allow more height by special permit, but only if it won't create a hazard, unreasonably block views from neighboring properties or homes, or look out of character [1]. The limits apply within the required yards (in R-1, the front yard is 30 feet deep). Open fences that don't block sight, such as post-and-rail, aren't covered by this height cap.
Corner lots (Section 3550)
On a corner, no fence, wall, hedge or sign may block vision between 2.5 and 8 feet above street grade. This applies inside the triangle formed by the two street lines and a line joining points 20 feet back from where they meet [2].
Old King's Highway Historic District
The historic district covers all of Sandwich north of the centerline of Route 6, plus the area west of the Cape Cod Canal [3]. There, a fence is a "structure" that needs Historic District Committee approval. You can get a Certificate of Exemption (no hearing) if the fence isn't visible from a public way, or if it meets the criteria: wood only, no more than 4 feet tall, and natural, white, light gray or matching the house [4]. Allowed styles are split or round post-and-rail, square rail, vertical picket, and vertical board with a 4-6 inch cap rail. The finished side must face out [5]. The exemption costs $10 and is valid for one year [6]. Taller, non-wood or other styles need a Certificate of Appropriateness with a public hearing.
Permits and wetlands
The town's residential building permit fee schedule doesn't list fences. Call the Building Department to confirm whether your project needs a permit. If the fence is within 100 feet of a wetland, dune or flood zone, check with the Conservation Commission first.
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Next steps
- Email setbacks@sandwichmass.org or call the Building Department (508-888-4200) to confirm your required front, side and rear yard depths.
- If you're north of Route 6, apply to the Historic District Committee (Planning & Development, 100 Route 6A, 508-833-8001): a Certificate of Exemption ($10, with photos and a site plan) for a qualifying wood fence of 4 ft or less, otherwise a Certificate of Appropriateness.
- For a solid fence over 3 ft in the front yard or over 6 ft at the side or rear, apply to the Zoning Board of Appeals for a special permit.
- If the fence is near a wetland, beach, dune or flood zone, ask the Natural Resources Department (508-833-8054) whether you need Conservation Commission approval.
Common questions
- How tall can a fence be in Sandwich, Massachusetts?
- Under Sandwich's zoning bylaw, a solid (sight-obstructing) fence or wall can be up to 3 feet tall in a required front yard and up to 6 feet in a required side or rear yard. Taller needs a Zoning Board of Appeals special permit. Open fences that don't block sight aren't covered by this cap.
- Do I need a permit for a fence in Sandwich, MA?
- It depends. The town's residential building permit fee schedule doesn't list fences, so call the Building Department to confirm. North of Route 6, in the Old King's Highway Historic District, you need a Historic District Committee certificate.
- What fences are allowed in the historic district in Sandwich, Massachusetts?
- North of Route 6, a wood fence no more than 4 feet tall, in an approved style and color with the finished side facing out, can get a $10 Certificate of Exemption without a hearing. Taller, non-wood or other styles need a Certificate of Appropriateness with a public hearing.
- Are there fence rules for corner lots in Sandwich, MA?
- Yes. On a corner, no fence, wall, hedge or sign may block vision between 2.5 and 8 feet above street grade within the triangle formed by the street lines and points 20 feet back from where they meet.
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. 3560 Sight Obstructing Fence or Wall, Protective Zoning By-law (May 2025 edition), p. 29
No sight-obstructing fence or wall shall exceed three (3) feet in height within a required front yard or exceed six (6) feet in height within a required side or rear yard unless granted a special permit for an exception by the Board of Appeals.
- Sec. 3550 Sight Obstruction at Corners, Protective Zoning By-law (May 2025 edition), p. 29
At corners, no sign, fence, wall, hedge, or other obstruction shall be allowed to block vision between two and a half (2 1/2) feet and eight (8) feet above the street grade within an area formed by the intersecting street lines and a straight line joining points on said lines twenty (20) feet back from their point of intersection.
- Historic District Committee, Board Overview, Old King's Highway Historic District Committee (Sandwich) page
The Old King's Highway Historic District includes all properties within the area north of the centerline of Route 6 to the Cape Cod Bay low water line, extending from the Town of Bourne to the border with the Town of Barnstable.
- Proposed Fence Criteria for Certificate of Exemption, HDC Application for Certificate of Exemption - FENCE (with OKH fence criteria), p. 3
MATERIAL – Wood only SIZES - No more than 4’ tall COLORS/FINISHES – Natural (unpainted), White, Light Gray or to match existing structure(s)
- OKH Bulletin, Certificate of Exemption list, (a.) Fences, Old King's Highway Regional Historic District Commission Bulletin (March 1, 2022) - Act, rules and regulations, exemptions, p. 25
Fences: Wooden fences, not higher than 4 feet, may be allowed, as an exempt item, if appropriate for the site and associated structure, provided the finished side of the fence faces out from the fenced area, in the following styles:
- Submission Requirements for a Certificate of Exemption, HDC Application for Certificate of Exemption - FENCE (with OKH fence criteria), p. 5
One check for $10 made payable to the Town of Sandwich