Fence height rules in Weston, Massachusetts
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.
| Fence counted as a structure | Only if more than 6 ft high (from natural grade) [1] |
| Setback for fences over 6 ft (from lot lines) | 45 / 35 / 25 / 20 ft in Districts A / B / C / D [3] |
| Corner sight triangle | Nothing over 24 in. within 35 ft of the street intersection [4] |
| Masonry walls | Counted as a structure at 36 in. or higher [5] |
| Floodplain overlay | Permit required for fences [6] |
| Crescent Street Historic District | Certificate from the Historic District Commission needed [7] |
Height and setbacks
Weston doesn't have a separate fence bylaw. The Zoning By-law handles fences through its definition of "structure": a fence "shall be considered a structure only if it is more than six (6) feet high, as measured from existing natural grade" [1]. Every building or structure in the Single Family Residence Districts must meet the setbacks in the dimensional table [2]. Those require 45, 35, 25 or 20 ft from lot lines in Districts A, B, C and D [3], plus street setbacks.
In practice, a fence 6 ft or lower isn't subject to those zoning setbacks and can be built along the property line. A taller fence would have to sit as far back as a house, so it isn't practical along a boundary. The by-law doesn't distinguish front, side and rear yards for fence height.
Corner lots
At street intersections, no fence, structure or planting may exceed 24 inches above the ground within the triangle formed by the two street sidelines and a line joining points 35 ft from where they intersect [4].
Walls
A masonry wall (other than a retaining wall) counts as a structure once it is 36 inches or more above natural grade [5]. It must then meet setbacks. Retaining walls of 36 inches or more are also structures.
Special areas
- In the floodplain overlay district, the town requires permits for development including fences [6].
- In the Crescent Street Historic District, a fence is a "structure," and no structure may be built or altered in a way that affects exterior features without a certificate from the Historic District Commission [7].
- Fences near wetlands may need Conservation Commission review.
The General By-laws we reviewed are compiled through September 2022 and may not reflect later amendments.
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Next steps
- Keep the fence at 6 ft or less above natural grade to avoid zoning setbacks; a fence over 7 ft also needs a building permit under the state code.
- On a corner lot, keep everything under 24 in. within 35 ft of the intersection.
- If your lot is in the floodplain overlay, near wetlands or in the Crescent Street Historic District, contact Inspectional Services (781-786-5040), the Conservation Commission or the Historic District Commission before building.
- Confirm your property line (survey or plot plan) before installing a fence on the boundary.
Common questions
- How tall can a fence be in Weston, Massachusetts?
- The Zoning By-law sets no height limit for ordinary fences. A fence over 6 ft counts as a structure and must meet building setbacks.
- Can I build a fence on the property line in Weston, Massachusetts?
- Yes if it is 6 ft or lower, since it isn't treated as a structure. A fence over 6 ft must meet setbacks of 20 to 45 ft from lot lines, depending on district.
- Are there fence rules at street corners in Weston, Massachusetts?
- Yes. Nothing over 24 in. is allowed within 35 ft of the street intersection in the sight triangle.
- Do fences need extra approval in some areas of Weston, Massachusetts?
- Yes. The floodplain overlay requires a permit for fences, and the Crescent Street Historic District needs a certificate from the Historic District Commission.
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. II Definitions, Structure, Zoning By-law (Article VIII of the By-laws), through 2025 Special Town Meeting, p. 10
A fence shall be considered a structure only if it is more than six (6) feet high, as measured from existing natural grade.
- Sec. VI.B.1 Single Family Residence Districts, Minimum Requirements, Zoning By-law (Article VIII of the By-laws), through 2025 Special Town Meeting, p. 54
Every building or structure shall be so situated as to have at least the setbacks from street side line and street center line and all lot lines specified in such table.
- Sec. VI.B.2 Table of Conventional Dimensional Requirements, Zoning By-law (Article VIII of the By-laws), through 2025 Special Town Meeting, p. 55
Minimum setback from lot line (e) (f) 45 ft. 35 ft. 25 ft. 20 ft.
- Sec. VI.G.1 Corner Obstructions, Zoning By-law (Article VIII of the By-laws), through 2025 Special Town Meeting, p. 61
nor shall any fence or other structure be erected or installed, nor shall any tree, shrub, or other growth be planted or permitted to grow or exist higher than 24 inches above the ground in the area formed by the intersecting sidelines of any street or way, whether public or private, and a line joining each sideline at points 35 feet distant from the point of intersection of the sidelines
- Sec. II Definitions, Structure, Zoning By-law (Article VIII of the By-laws), through 2025 Special Town Meeting, p. 10
A wall, other than a retaining wall, shall be considered a structure if it is constructed of any masonry material including concrete and is thirty-six (36) inches or more above existing natural grade.
- Sec. V.H Floodplain overlay, Use Regulations, Zoning By-law (Article VIII of the By-laws), through 2025 Special Town Meeting, p. 33
The Town of Weston requires permits 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.
- Art. XXIV (Crescent Street Historic District), Sec. 6, General By-laws of the Town of Weston (amendments through September 2022), p. 30
No building or structure within the District shall be constructed or altered in any way that affects exterior architectural features unless the Commission shall first have issued a certificate of appropriateness, a certificate of non-applicability or a certificate of hardship with respect to such construction or alteration.