Fence height rules in Yarmouth, Massachusetts
Yarmouth's zoning bylaw sets no fence height limit and specifically excludes fences from its dimensional and setback rules, so outside the Old King's Highway Historic District zoning does not stop a typical residential fence at the lot line (state code requires a building permit only over 7 feet, and fences in flood zones need a town permit). Inside the Old King's Highway Historic District, every new or altered fence needs approval, fences are limited to 6 feet, fences over 4 feet are not allowed in front of the house, and vinyl is prohibited.
| Zoning height limit (outside OKH district) | None set; fences are excluded from the dimensional and setback rules [1] |
| Setback from property line (zoning) | None; fences are allowed in required yards [2] |
| OKH district: approval | All new or altered fences, any height or material [3] |
| OKH district: max height | 6 feet (taller only in special topographic cases) [4] |
| OKH district: in front of the house | Nothing over 4 feet forward of the front of the building [4] |
| OKH district: materials | Vinyl prohibited; wood preferred; chain link usually not appropriate [3] |
| OKH district: finished side | Must face out from the fenced-in area [5] |
| OKH district: fees | $20 Certificate of Exemption (wood, 4 ft or less); $25 Certificate of Appropriateness [7] |
| Flood plain overlay districts | Building and/or Conservation permit required for fences [10] |
Outside the Old King's Highway Historic District
The zoning bylaw does not set a height limit for residential fences. Note D to the Table of Dimensional Requirements specifically excludes "fences, walls, poles, posts" and similar yard accessories from the dimensional rules [1], and the bylaw's definition of a yard allows fences in it [2]. So zoning sets no fence setback from the property line either. The state building code (see the state section) requires a building permit only for fences over 7 feet.
Two narrow exceptions in the zoning bylaw: on sites developed under the voluntary Village Centers Overlay District (Section 414) design standards, fences for residential structures may be opaque wood up to 6 feet but only in the side or rear yard setbacks [9]; and fences in the flood plain overlay districts need a Building and/or Conservation permit [10].
Inside the Old King's Highway Historic District
The Old King's Highway (OKH) Regional Historic District covers the northern part of Yarmouth; check the district map. There, all new or altered fences need approval regardless of height or material, and vinyl fences are prohibited [3]. The height limit is 6 feet, with taller fences considered only where the lot's topography makes them necessary, and fencing over 4 feet high is not allowed forward of the front of a building [4]. The finished side must face out [5].
- Certificate of Exemption ($20, reviewed by the OKH Committee Chair): wooden fences 4 feet or less in an approved style (post and rail, square rail, picket, or flat board with cap rail, natural or white) [6][7].
- Certificate of Appropriateness ($25, public hearing): wooden fences over 4 and up to 6 feet, or any non-wood fence [8].
Pool fences and wetlands
A pool needs a barrier under state code. Fence work near wetlands may need Conservation Commission review.
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Next steps
- Check whether your lot is in the Old King's Highway Historic District (ask the Building Department, 508-398-2231 ext. 1261, or check the town's district map).
- Outside the OKH district: confirm with the Building Department that no permit is needed (fences 7 feet or under generally don't need a building permit) and keep the fence on your own land.
- Inside the OKH district: file a Certificate of Exemption ($20) for a wooden fence 4 feet or less, or a Certificate of Appropriateness ($25, 4 copies) for anything taller or non-wood, with a plot plan showing the fence and gates, a style drawing or brochure, and color photos.
- Near wetlands or the shore, check with the Conservation Commission before digging post holes.
Common questions
- Do I need a permit for a fence in Yarmouth, Massachusetts?
- It depends on location. Outside the Old King's Highway Historic District, zoning doesn't regulate a typical residential fence, state code requires a building permit only for fences over 7 feet, and fences in flood plain overlay districts need a Building and/or Conservation permit. Inside the Old King's Highway district, every new or altered fence needs approval.
- How tall can a fence be in Yarmouth, Massachusetts?
- Zoning sets no fence height limit outside the Old King's Highway Historic District. Inside it, fences are limited to 6 feet (taller only where the lot's topography requires it), and nothing over 4 feet may go forward of the front of the house.
- How close to the property line can I put a fence in Yarmouth, Massachusetts?
- Zoning sets no fence setback: fences are excluded from the dimensional and setback rules and are allowed in required yards. Keep the fence on your own land, and check with the Conservation Commission before digging near wetlands or the shore.
- Can I put up a vinyl fence in the Old King's Highway Historic District in Yarmouth, Massachusetts?
- No, vinyl is prohibited there. A wooden fence 4 feet or less in an approved style needs a $20 Certificate of Exemption; a wooden fence over 4 and up to 6 feet, or any non-wood fence, needs a $25 Certificate of Appropriateness with a public hearing.
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
- §203.5 Table of Dimensional Requirements, Note D(1), Town of Yarmouth Zoning Bylaw (amended through April 28, 2026), p. 37
D. The following are specifically excluded from these regulations: 1. Fences, walls, poles, posts, paving and other customary yard accessories, ornaments and furniture, ramps, landings and similar structures needed for handicapped access.
- §500 Definitions, "Yard", Town of Yarmouth Zoning Bylaw (amended through April 28, 2026), p. 178
YARD – An open space, unoccupied and unobstructed by any structure except: fences, walls, poles, posts, paving, and other customary yard accessories, ornaments and furniture, and ramps, landings and similar structures needed for handicapped access.
- OKH Fences Criteria, Old King's Highway Historic District - Fences criteria, p. 1
All new or altered fences require approval regardless of height or material • Vinyl fences, regardless of height, are prohibited in the OKH district
- OKH Fences Criteria, Old King's Highway Historic District - Fences criteria, p. 1
Height limit for fences is 6 feet. Taller fences will be considered in special circumstances when the topography of the lot makes them necessary • Fencing over 4 feet high is prohibited forward of the front fascia of a building
- OKH Fences Application Requirements, Old King's Highway Historic District - Fences criteria, p. 1
Finished side of fence must face out from fenced-in area
- OKH Fences Application Requirements (1), Old King's Highway Historic District - Fences criteria, p. 1
The request qualifies for a Certificate of Exemption if the proposed fence is wooden and four feet or less in height, is appropriate to the site and associated structure(s), and if constructed in one of the following styles:
- OKH Fences, Certificate of Exemption requirements, Old King's Highway Historic District - Fences criteria, p. 1
$20.00 application/filing fee o Certificates of Exemption are reviewed by the Old King’s Highway Committee Chair
- OKH Fences, Certificate of Appropriateness requirements, Old King's Highway Historic District - Fences criteria, p. 1
$25.00 application/filing fee o Certificates of Appropriateness are reviewed at an Old King’s Highway Committee hearing
- §414.8.9(7)(b) VCOD Design Standards, Decorative walls and fencing, Town of Yarmouth Zoning Bylaw (amended through April 28, 2026), p. 151
Fencing for structures that are exclusively residential (including hotel) may also be wooden, but may be opaque and up to six (6) feet tall. Such fences for residential areas shall only be allowed in the side or rear yard setbacks.
- §403.11(1) Permits Required in Floodplain Districts, Town of Yarmouth Zoning Bylaw (amended through April 28, 2026), p. 69
1. Under separate processes, the Town of Yarmouth requires Building and/or Conservation permit or permits for all proposed construction or other development in the floodplain overlay districts, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, filling and grading, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties.