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Swampscott, Massachusetts: what can you build or do?

Plain-English answers to common homeowner questions, taken from Swampscott's published bylaws, with every rule linked to the section it comes from.

Last reviewed 2026-10-05

• Accessory Dwelling Units (ADUs)
  Yes. Swampscott's zoning bylaw allows one accessory dwelling unit (ADU) per lot by right in all four residence districts (A-1 to A-4), with just a building permit from the Building Commissioner. The ADU can be no larger than half the main home's floor area or 900 sq ft, whichever is smaller, and it can't be rented for less than 30 consecutive days.Allowed with a permit
• Backyard Chickens
  Swampscott's zoning bylaw and general bylaws that we reviewed don't specifically regulate backyard chickens, and we found no Board of Health animal-keeping regulation. Contact the Swampscott Health Department before getting hens.Not specifically regulated
• Short-Term Rentals (Airbnb / VRBO)
  Swampscott has no short-term rental bylaw or local registration, and its zoning bylaw doesn't directly address renting a whole house on Airbnb. Renting rooms to overnight guests in your own home is treated as a Bed and Breakfast, which needs a special permit from the Board of Appeals in residence districts, must be owner-occupied, and is capped at 4 guest bedrooms. An ADU can't be rented for less than 30 days.Restricted
• Fences
  Swampscott's bylaws don't set a fence height limit or any fence-specific rule for a typical home; this answer rests on that silence. The zoning bylaw only bans fences, walls and hedges on any lot that block drivers' view and create a traffic danger, such as at a corner, and because fences count as "structures" you should ask the Building Department whether yard setbacks apply. In the Frederick Law Olmsted Local Historic District, a fence visible from a public way needs approval from the Historic District Commission.Allowed
• Sheds & Accessory Buildings
  Swampscott's zoning bylaw allows one detached accessory building (like a shed) in the rear yard, up to 15 feet tall, at least 10 feet from the house and at least 5 feet from side and rear lot lines (or half the district's required setback, if that's larger). It can cover no more than 25% of the required rear yard. The one-building limit counts every accessory building, so if you already have a detached garage, a shed needs a special permit from the Board of Appeals.Allowed
• Burn Permits & Backyard Fires
  Brush burning in Swampscott needs a seasonal Open Burning permit from the Fire Department ($5 per season). Burning is allowed only from January 15 to May 1, between 10 a.m. and 4 p.m., at least 75 feet from all buildings, and only on days the fire officials allow. Leaves, grass, stumps and construction debris can never be burned.Allowed with a permit
• Home-Based Businesses
  Yes, with paperwork. Swampscott's zoning bylaw lets the owner of a home run a home occupation by right if it uses no more than 25% of the home, has at most one non-household employee on site, serves no clients on the premises (music teachers and tutors excepted) and has no visible sign. You need a business certificate and an annual certification from the Inspector of Buildings; larger home businesses need a special permit from the Board of Appeals.Allowed with a permit
• Swimming Pools
  Swampscott's zoning bylaw treats pools and self-contained spas like accessory structures for setbacks: at least 5 feet from side and rear lot lines (or half the district's required setback, if larger) and no closer to the street than the front setback. Unlike sheds, there's no minimum distance from the house. Building permits and the safety barrier rules come from the State Building Code.Allowed with a permit
• Building Near the Water (Wetlands Rules)
  Work near water in Swampscott is reviewed by the Conservation Commission under the state Wetlands Protection Act, which covers wetlands, coastal banks, beaches and flood plains plus a 100-foot buffer zone; projects that may affect them need a Notice of Intent and an Order of Conditions. The zoning bylaw adds a Wetland Protection Overlay District where new buildings are prohibited, and a Floodplain Overlay District where all development, even fences and sheds, needs a permit and new construction in VE zones must be landward of mean high tide.Allowed with board review
• Docks, Piers & Floats
  Swampscott's bylaws that we reviewed don't have specific rules for private docks, piers or floats. Any dock work on the coast would fall under the Conservation Commission's Wetlands Protection Act review, and state Chapter 91 and federal permits also apply.Not specifically regulated