Do I need a permit for a fence in Scituate, Massachusetts?

Only for a fence higher than 7 feet, according to the Building Department. The zoning bylaw sets no height limit or setback specifically for residential fences.

How tall can a fence be in Scituate, Massachusetts?

The zoning bylaw sets no height limit for residential fences. The Building Department requires a permit only for fences over 7 feet high.

How far from the property line should a fence be in Scituate, Massachusetts?

There's no setback rule specifically for fences. The town suggests at least 1-2 feet inside your line so you can maintain it without going onto your neighbor's land.

Are there rules for fences on a public way in Scituate, Massachusetts?

Fences in a public way are subject to Select Board rules.

Fence height rules in Scituate, Massachusetts

Scituate, Plymouth County · Bylaws checked 2026-10-03 · Reviewed 2026-10-05 · 4 cited sections

Allowed

Scituate's zoning bylaw sets no height limit or setback specifically for residential fences, and the Building Department says a permit is needed only for a fence higher than 7 feet. The town suggests setting your fence a foot or two inside your property line so you can maintain it without going onto your neighbor's land.

Permit required	Only for fences over 7 feet high ^[1]
Suggested distance from property line	At least 1-2 feet (recommendation, not a rule) ^[1]
Zoning height limit for residential fences	None found ^[2]
Fences in a public way	Subject to Select Board rules ^[3]

Height and permits

The Building/Inspections Department's FAQ says you need a permit to put up a fence only if it is higher than 7 feet ^[1]. That matches the state building code exemption for fences 7 feet and under. We found no fence height limit for front, side or rear yards in Scituate's zoning bylaw, which lists fences as a "structure" in its definitions ^[2] but sets yard setbacks only for buildings. Massachusetts' spite-fence law still applies to fences over 6 feet put up to annoy a neighbor (see state rules on this page).

Where to put it

The zoning bylaw doesn't require a fence to be set back from the property line. The Building Department recommends setting it at least a foot or two inside your line so you can maintain it without trespassing on your neighbor's property ^[1]. Driveways, stone walls and fences placed in a public way fall under rules set by the Select Board or its designee ^[3], so don't build in the road layout without asking first.

Corner lots and finished side

We found no corner-lot sight-line rule or "good side out" requirement for residential fences in the bylaws we reviewed. Even so, keep fences low enough near driveways and intersections that drivers can see.

Special areas

Near wetlands or the shore: fences in or near wetland resource areas may need Conservation Commission review under the local wetlands bylaw.
Pools: a pool must be surrounded by a non-climbable fence at least 5 feet high with self-closing, self-latching gates (see Pools).
ADUs: the Planning Board may require fences or other buffers to shield neighbors from a new accessory dwelling unit ^[4].

See how Scituate compares with 8+ other Massachusetts towns on fences →

Next steps

If your fence will be taller than 7 feet, apply for a building permit with the Building/Inspections Department (781-545-8716).
Locate your property line (hire a surveyor if you have no plot plan) and set the fence a foot or two inside it.
If the fence is near a wetland, marsh, beach or the water, check with the Conservation Commission before installing it.

Common questions

Do I need a permit for a fence in Scituate, Massachusetts?: Only for a fence higher than 7 feet, according to the Building Department. The zoning bylaw sets no height limit or setback specifically for residential fences.
How tall can a fence be in Scituate, Massachusetts?: The zoning bylaw sets no height limit for residential fences. The Building Department requires a permit only for fences over 7 feet high.
How far from the property line should a fence be in Scituate, Massachusetts?: There's no setback rule specifically for fences. The town suggests at least 1-2 feet inside your line so you can maintain it without going onto your neighbor's land.
Are there rules for fences on a public way in Scituate, Massachusetts?: Fences in a public way are subject to Select Board rules.

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.

State sources: M.G.L. c. 49, §21 (spite fences) · M.G.L. c. 49, §1 (fence viewers) · M.G.L. c. 49, §2 (legal and sufficient fences) · M.G.L. c. 49, §3 (partition fence maintenance) · M.G.L. c. 49, §4 (fence viewer proceedings) · 780 CMR 10th ed., Residential Chapter 1, R105.2 (work exempt from permit)

What the bylaw says

Exact text from Scituate's published bylaws. Section numbers are as printed in the source.

Building/Inspections FAQ: Do I need a permit to erect a fence?, Building/Inspections FAQ - Do I need a permit to erect a fence?
Only if the fence is higher than 7 feet in height. We suggest when erecting the fence you bring it in at least a foot or two from your property line so you can maintain your fence without trespassing on your neighbors property.
Sec. 200 (Definitions, Structure), Zoning Bylaw (including changes approved by April 13, 2026 Annual Town Meeting; AG approved July 9, 2026), p. 16
That which is built or constructed, whether permanent or temporary, that requires a location on the ground such as: building, bridge, trestle, tower, framework, retaining wall, tank, tunnel, tent, stadium, reviewing stand, platform, fence, sign, flagpole, or the like.
Sec. 30150(A) (Streets, Sidewalks, Public Ways), Code of General Bylaws (revisions voted at ATM April 13, 2026; AG approved July 9, 2026), p. 40
The Select Board or its designee shall make rules and regulations for the opening, occupying, using, obstructing, closing and constructing of driveways, stonewalls and fences in a public way as shall provide for the public safety.
Sec. 530.2(L), Zoning Bylaw (including changes approved by April 13, 2026 Annual Town Meeting; AG approved July 9, 2026), p. 60
Any accessory dwelling may be required to have additional or modified landscaping, fences, or other buffers to protect abutting properties from potential negative visual or auditory impacts of the accessory dwelling unit.

This page summarizes Scituate's posted bylaws as of 2026-10-03. Bylaws are amended, and individual lots can have overlays, subdivision covenants, or HOA rules that are stricter. Confirm with Building/Inspections Department (Building Commissioner & Zoning Enforcement Officer), 600 Chief Justice Cushing Highway (781-545-8716) before you build. Spot an error?