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Fences in Massachusetts: rules in 20 towns compared
How tall can my fence be, and where can I put it? Here's how each town answers it. Click a town for the details and the exact bylaw text.
Last reviewed
This page is for Massachusetts homeowners planning a privacy fence, a boundary fence or a fence around a yard. Most fence rules are local, set in your town's zoning bylaw and sometimes in historic-district rules, but a few state laws apply everywhere. The State Building Code (780 CMR, 10th edition) doesn't require a building permit for a fence 7 feet high or less. Under M.G.L. c. 49, §21, a fence that unnecessarily exceeds 6 feet and is put up or kept maliciously to annoy a neighbor is a "spite fence" and a private nuisance. Pool fences must meet the state pool barrier rules, and fence work in a wetland or within 100 feet of one may need Conservation Commission review.
Of the 20 towns we cover for this topic, most set no general height limit for residential fences in their bylaws, including Belmont, Carlisle, Concord, Needham, Sudbury and Weston. Lexington caps fences at 6 feet along side and rear lines and 4 feet along the front, and Brookline allows 6 feet in the front yard and 7 feet in side and rear yards. In Weston and Hingham a fence over 6 feet (in Chatham, 6 feet or taller) counts as a structure that must meet building setbacks, and Lincoln requires a fence permit, plus Planning Board approval for taller fences, near a road or public land. Nearly every town keeps a sight triangle at street corners clear. Pick your town below for the details and the bylaw text.
Town-by-town comparison
| Town | Verdict | Short answer |
|---|---|---|
| Wellesley | Allowed | Wellesley's bylaws we reviewed set no general fence height limit or property-line setback for homes; this verdict rests on that silence, so confirm with the Building Department before building. The one townwide rule: at street corners, nothing that blocks sightlines may stand in a triangle measured 20 ft back from the intersection. Fences in a Historic District, the Flood Plain District or a Neighborhood Conservation District need extra approval. |
| Weston | Allowed | Weston's Zoning By-law sets no height limit for ordinary fences. A fence 6 ft or lower isn't treated as a "structure," so it can go on the property line. A fence over 6 ft counts as a structure and must meet building setbacks (20 to 45 ft from lot lines, depending on district). Near street corners, nothing over 24 inches is allowed in the sight triangle. |
| Lexington | Allowed | Yes. Lexington's Zoning Bylaw lets you put a fence up to 6 feet high on or near a side or rear lot line, and up to 4 feet high on or near the front lot line, with posts allowed 6 inches above the fence. A taller fence inside a required yard must be set back from the lot line at least as far as it is tall. |
| Concord | Allowed | Concord's Zoning Bylaw doesn't cap residential fence height, and fences are exempt from yard setbacks, so they can generally go up to the lot line. On corner lots, nothing over 3 ft may stand within the 10-ft sight triangle at the intersection. Fences near wetlands may need Natural Resources Commission review. |
| Brookline | Allowed | Under the version of Brookline's Zoning By-Law we reviewed (effective 2018), fences, hedges and walls up to 6 feet high may stand in the required front yard, and up to 7 feet in side and rear yards. Taller side or rear fences need a Board of Appeals special permit, and corner lots must keep a sight triangle clear. |
| Needham | Allowed | Needham's bylaws we reviewed set no general height limit for residential fences, and fences are exempt from zoning setbacks, so they can go on the property line. The main local limits are a 25-foot sight triangle at street corners, where nothing may block drivers' view, and a special permit for fences in the Flood Plain District. |
| Sudbury | Allowed | Sudbury's Zoning Bylaw lets you put fences and gates in any yard, including the front yard, with no setback from the property line. The 2023 bylaw we reviewed sets no specific fence height limit, so check with the Building Department before building a tall fence. |
| Wayland | Allowed | Fences under 7 feet tall don't need a building permit in Wayland, and fences 6 feet or shorter are exempt from zoning setbacks, so they can go near the lot line. Keep the fence a reasonable distance inside your property line, and on corner lots follow the traffic-visibility rule in §198-702.4. |
| Lincoln | Allowed with board review | 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. |
| Belmont | Allowed | Belmont's Zoning By-Law sets no general height limit or property-line setback for fences on a typical house lot, because fences aren't 'structures' under the by-law and are exempt from setbacks. The main limit is visibility: on corner lots and next to driveways and walkways, fences in the sight triangle can't block views between 3 and 8 feet high. |
| Andover | Allowed | The Andover zoning text we reviewed (the 2022 recodified bylaw; it may have changed since) sets no general fence height limit or property-line setback, because fences aren't counted as 'structures'. On corner lots, keep anything between 3 and 8 feet tall out of the 25-foot sight triangle. Near wetlands, fences under 7 feet must stay at least 25 feet from the resource area unless the Conservation Commission allows otherwise. |
| Hingham | Allowed | Hingham has no separate fence by-law. Under the Zoning By-Law, a fence or wall 6 feet or less in height isn't a "structure," so yard setbacks don't apply to it; a taller fence counts as a structure and must meet the district's setbacks. On corner lots, nothing between 2.5 and 8 feet high may block the view within the 15-foot sight triangle at the intersection. |
| Duxbury | Allowed | Duxbury's zoning bylaw doesn't mention fence height or fence setbacks for homes, so this answer rests on that silence, not on an explicit permission. On a corner lot, keep anything between 3.5 and 8 feet tall out of the 15-foot sight triangle at the intersection. Extra review applies in the Local Historic District, the flood hazard district and near wetlands. |
| Manchester-by-the-Sea | Allowed | Manchester-by-the-Sea's Zoning By-law sets no fence height limit or property-line setback for homes, because fences aren't counted as 'structures'. Near wetlands, fencing is a permitted 'minor activity' in the buffer zone as long as it doesn't block wildlife movement. Pools must be enclosed by a fence at least 4 feet high. |
| Chatham | Allowed | Chatham's zoning bylaw sets no general fence height limit. Fences under 6 feet can go up to the property line, but a fence 6 feet or taller must meet the building setbacks. On corner lots, nothing over 2½ feet can sit within the 25-foot sight triangle, and fences near wetlands or the shore need extra approvals. |
| Falmouth | Allowed | Falmouth's zoning bylaw (November 2022 version, which may have changed) sets no general fence height limit and says fences aren't "structures," so building setbacks don't apply to them. This answer rests on that silence. Near a driveway, nothing over 3 feet may sit in the clear sight triangle, and fences in a local historic district that are visible from a public way are treated as structures. |
| Scituate | 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. |
| Swampscott | Allowed | 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. |
| Hamilton | Not specifically regulated | Hamilton's bylaws don't set a fence height limit or fence setback for homes, and the zoning bylaw's definition of a yard expressly allows fences in required yards, so this answer rests on that silence. The main rule is corner clearance: on a corner lot, nothing between 3.5 and 8 feet high may stand within the 15-foot triangle at the street intersection. Pool fences must be at least 4 feet high. |
| Carlisle | Allowed | Carlisle has no fence bylaw, so there's no local height limit for side or rear fences. Zoning keeps any structure taller than 5 feet out of the front setback (40 feet from the street in residential districts); treating a fence as a "structure" is how we read the bylaw, so confirm with the Building Department. At street corners, nothing between 3 and 7 feet high may block visibility within 6 feet of the street lines and 20 feet of the intersection. |
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.
Common questions about fence rules in Massachusetts
- Do you need a permit to put up a fence in Massachusetts?
- Usually not for a typical fence. The State Building Code doesn't require a building permit for fences 7 feet high or less; taller fences need one. Your town's zoning height limits, setbacks and any historic-district or wetlands rules still apply, and a few towns require their own fence permit in some locations.
- What is the maximum fence height in Massachusetts?
- It depends on your town. There's no single statewide height limit: fences over 7 feet need a building permit, and towns set their own limits in their zoning bylaws. Many towns we cover set no general height limit, while others cap fences in front, side or rear yards.
- What are the Massachusetts fence laws for the property line?
- It depends on your town. Many bylaws we reviewed exempt fences, or fences up to a certain height, from yard setbacks, so they can go near the lot line. Some towns treat taller fences as structures that must meet setbacks. Corner lots usually have a sight triangle that must stay clear.
- What is a spite fence in Massachusetts?
- 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.
- Who pays for a boundary fence between neighbors in Massachusetts?
- It depends. Under c. 49, where adjoining owners both enclose and use their land, they share upkeep of the partition fence equally unless they agree otherwise. If one side won't repair their share, the other can complain to the town's fence viewers, who can order the repair.
- What are the Massachusetts pool fence laws?
- Yes, a pool needs a barrier. Pool fences must meet the state pool barrier rules in the building code, and some towns add their own pool-fence requirements. See our Pools page for details.
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