How Nashua Handles Fence Regulations: A Practical Guide

Nashua maintains 106 local ordinances across all categories, and 8 of those deal specifically with fence regulations. Here is a breakdown of what the city actually requires, what is prohibited, and where Nashua falls on the strict-to-permissive spectrum compared to other cities.

Fence Requirements

Nashua's general fence requirements live in two ordinances: NRO Sec. 190-44 (Land Use Code) and NRO Chapter 150 (Fences). Sec. 190-44 caps residential fence height at 7 feet (Sec. 190-44.A), requires that fences not interfere with traffic circulation (Sec. 190-44.A and B), and authorizes up to 14 feet adjacent to the Frederick E. Everett Turnpike with a Building Safety permit (Sec. 190-44.C). NRO Chapter 150 declares any barbed wire fence a public nuisance unless the barbed wire is more than 6 feet above ground or part of a farm or public utility operation. The Department of Building Safety enforces both at 229 Main Street, 2nd Floor, 603-589-3080.

Key details: Residential Maximum Height: 7 feet (NRO Sec. 190-44.A). Nonresidential Maximum Height: None - traffic circulation rule only (Sec. 190-44.B). Turnpike Boundary Maximum: 14 feet, permit required over 7 ft (Sec. 190-44.C). Barbed Wire Rule: Public nuisance unless over 6 ft high or farm/utility (NRO Chapter 150). Sight Triangle Rule: Must not interfere with traffic circulation.

Residential fences over 7 feet (other than Turnpike-adjacent exception) violate Sec. 190-44.A. Fences that interfere with traffic circulation, including by obstructing sight triangles at driveways and intersections, violate Sec. 190-44.A or B. Barbed wire fences less than 6 feet off the ground on non-agricultural, non-utility properties are public nuisances under NRO Chapter 150 and are subject to abatement. Turnpike-adjacent fences over 7 feet built without a Building Safety permit violate Sec. 190-44.C.

Retaining Walls

Retaining walls in Nashua require a building permit when the wall exceeds 4 feet in height above the grade base of footing, per NRO Sec. 105-22.A.(10) of the Building Permit Fee Schedule. Residential retaining walls cost $25 minimum or $0.15 per linear foot (whichever is greater); commercial walls cost $50 minimum or $0.30 per linear foot. Walls under 4 feet do not require a stand-alone building permit but must still comply with the New Hampshire State Building Code (2021 IRC and 2021 IBC) adopted by RSA 155-A. The Building Official may require third party peer review for 'extensive retaining walls and complicated foundation designs' under NRO Sec. 105-9.B.

Key details: Permit Threshold: Over 4 feet above grade base of footing (NRO Sec. 105-22.A.(10)). Residential Fee: Minimum $25 or $0.15 per linear foot, whichever is greater. Commercial Fee: Minimum $50 or $0.30 per linear foot, whichever is greater. Peer Review Authority: Building Official may require for extensive walls (Sec. 105-9.B). Engineered Design Standard: 2021 IRC R404 for walls over 48 inches unbalanced backfill.

Constructing a retaining wall over 4 feet in height (measured grade base of footing to top of wall) without a building permit from the Department of Building Safety violates NRO Sec. 105-22.A.(10) and Sec. 105-6 (penalties under NRO Chapter 74 and RSA 676:15-17-b). Building a retaining wall supporting more than 48 inches of unbalanced backfill without engineered plans violates the 2021 IRC R404 as adopted under RSA 155-A. Walls placed in a public right-of-way or in recorded utility/drainage easements must be removed at the owner's expense. Permits issued after construction started without a permit carry a 100% surcharge up to $275 residential / $750 commercial under NRO Sec. 105-22.A.(14).

Material Restrictions

Nashua's only material-specific restriction in the general fence ordinances is the barbed wire rule in NRO Chapter 150: 'Any fence made up in whole or part of barbed wire shall be deemed a public nuisance unless the barbed wire is located more than six feet above the ground or the fence is being used in connection with the operation of a farm or public utility.' NRO Sec. 190-44 does not prohibit specific fence materials but limits residential height to 7 feet and requires that fences not interfere with traffic circulation. Specific land uses elsewhere in Chapter 190 (trash enclosures, day care facilities, towers) impose their own material/opacity standards.

Key details: Barbed Wire Restriction: Public nuisance unless over 6 ft above ground or farm/utility (NRO Chapter 150). General Material List: None specified in NRO Sec. 190-44. Trash Enclosure Materials: Opaque, impact-resistant fence (Chapter 190 supplemental). Day Care/Tower Use: Solid wood or suitable material, max 6 ft (Chapter 190). Electrified Fencing: Not addressed by general ordinance; NEC applies.

Erecting a fence with any barbed wire less than 6 feet above grade, on a non-agricultural, non-utility property, violates NRO Chapter 150 and constitutes a public nuisance subject to abatement. Fences associated with specific land uses (trash enclosures, day care, towers) that do not meet the use-specific material/opacity standards in Chapter 190 may be cited under those provisions. Fences using non-typical materials that obstruct traffic circulation violate NRO Sec. 190-44.A or B.

Neighbor Fence Rules

Nashua does not have a municipal cost-sharing or partition-fence ordinance. Neighbor fence disputes are governed by New Hampshire state law: RSA 476:1 (spite fences) and RSA Chapter 472 (partition fences). RSA 476:1 makes any fence 'unnecessarily exceeding 5 feet in height, erected or maintained for the purpose of annoying the owners or occupants of adjoining property' a private nuisance, and RSA 476:3 requires removal within 30 days of judgment with a $10 per day penalty. Nashua's residential 7-foot cap (NRO Sec. 190-44.A) is independent of the RSA 476 spite-fence threshold.

Key details: City Cost-Sharing Rule: None - NRO does not require neighbor cost-sharing. Finished Side Rule: None in NRO Sec. 190-44. Spite Fence Threshold: Over 5 feet erected to annoy (RSA 476:1). Removal Deadline: 30 days from judgment (RSA 476:3). Penalty After Deadline: $10 per day (RSA 476:3).

Erecting or maintaining a fence over 5 feet for the purpose of annoying a neighbor violates RSA 476:1 and is a private nuisance subject to a court action under RSA 476:2 and removal within 30 days under RSA 476:3 ($10 per day penalty thereafter). Building a fence over the property line is a civil trespass that the City does not enforce, but a court may order removal. Fences over 7 feet residential (other than Turnpike exception) violate NRO Sec. 190-44.A and are enforceable by the Department of Building Safety regardless of neighbor consent.

Height Limits

Nashua caps residential fence height at 7 feet under Section 190-44 of the Nashua Revised Ordinances (Chapter 190 Land Use, Article VI Supplemental Use Regulations), as amended by Ordinance O-23-065. Section 190-44.A reads: 'In residential zoning districts, [walls, fences or similar enclosures] shall not exceed seven (7) feet in height or interfere with traffic circulation.' Nonresidential districts have no height restriction under Sec. 190-44.B, provided the fence does not interfere with traffic circulation. Parcels directly adjacent to the Frederick E. Everett Turnpike (residential uses) may build boundary fences up to 14 feet under Sec. 190-44.C.

Key details: Residential Maximum: 7 feet (NRO Sec. 190-44.A, as amended by O-23-065). Nonresidential: No height restriction (Sec. 190-44.B). Traffic Circulation: Must not interfere (Sec. 190-44.A, B). Turnpike Exception: Up to 14 feet adjacent to F.E. Everett Turnpike (Sec. 190-44.C). Turnpike Permit Trigger: Over 7 feet requires Building Safety permit (Sec. 190-44.C).

A residential fence exceeding 7 feet (other than the Turnpike-adjacent exception in Sec. 190-44.C) violates Sec. 190-44.A. A Turnpike-adjacent fence over 7 feet without a building permit issued by the Department of Building Safety violates Sec. 190-44.C. A fence that interferes with traffic circulation violates Sec. 190-44.A and B and can be ordered modified by the Department of Building Safety. Any fence over 5 feet erected to annoy a neighbor is also a private nuisance under RSA 476:1 and can be ordered removed within 30 days under RSA 476:3, with a $10 per day penalty for non-removal.

Permit Requirements

Nashua does not require a routine fence permit for fences that comply with NRO Sec. 190-44 height limits (7 feet residential, no limit nonresidential). A building permit through the Department of Building Safety is required only for Turnpike-adjacent boundary fences exceeding 7 feet under Sec. 190-44.C. The Department of Building Safety enforces the New Hampshire State Building Code adopted under RSA 155-A and locally implemented through NRO Chapter 105. Contact the Department at 229 Main Street, 2nd Floor, 603-589-3080, BuildingDepartment@nashuanh.gov.

Key details: Routine Fence Permit: Not required for fences within Sec. 190-44 height limits. Turnpike Fence Over 7 ft: Building permit required (Sec. 190-44.C). Issuing Department: Nashua Department of Building Safety. Address: 229 Main St, 2nd Floor, Nashua NH 03060. Phone: 603-589-3080.

Constructing a Turnpike-adjacent fence over 7 feet without a building permit from the Department of Building Safety violates Sec. 190-44.C. Erecting or maintaining barbed wire that is less than 6 feet above the ground on a non-agricultural, non-utility property violates NRO Chapter 150 and constitutes a public nuisance. Violations of Chapter 105 (the Building Code) and the codes adopted thereby are subject to NRO Chapter 74 and NH RSA 676:15-17-b under NRO Sec. 105-6.

Pool Barriers

Residential pool barriers in Nashua are governed by the 2021 International Swimming Pool and Spa Code (ISPSC) adopted as the Residential Swimming Pool and Spa Code of the City of Nashua under NRO Sec. 105-25 (Article VII, Chapter 105). ISPSC Section 305.2.1 requires the barrier to be 'not less than 48 inches above grade' on the side facing away from the pool. Section 305.3 requires that openings 'shall not allow passage of a 4-inch-diameter sphere.' Section 305.5 requires pedestrian access gates to 'open outward away from the pool or spa,' be self-closing, and have a self-latching device. Nashua applies these provisions as adopted; under RSA 155-A, the state framework controls.

Key details: Adopted Code: 2021 ISPSC (NRO Sec. 105-25; RSA 155-A; HB 1681). Minimum Barrier Height: 48 inches above grade (ISPSC Sec. 305.2.1). Sphere Rule: No 4-inch-diameter sphere may pass (ISPSC Sec. 305.3). Gate Direction: Opens outward away from pool/spa (ISPSC Sec. 305.5). Gate Hardware: Self-closing and self-latching required (Sec. 305.5).

A pool barrier shorter than 48 inches violates ISPSC Sec. 305.2.1. Openings allowing a 4-inch sphere to pass violate Sec. 305.3. Gates that swing into the pool yard, lack self-closing hardware, or lack a self-latching device violate Sec. 305.5. Failed barrier inspections will prevent the Department of Building Safety from approving the final pool inspection. Violations of the adopted ISPSC are subject to NRO Chapter 74 and RSA 676:15-17-b per NRO Sec. 105-26.E.

This is not one of those rules that cities tend to ignore. Nashua actively enforces its pool barriers requirements.

Approved Materials

Nashua's NRO Sec. 190-44 (Fences) does not enumerate or restrict permitted fence materials, leaving owners free to choose wood, vinyl, chain link, wrought iron, composite, masonry, or other typical materials, subject to the 7-foot residential height cap and traffic-circulation rule. The only material-specific limitation is the barbed wire restriction in NRO Chapter 150, which deems barbed wire a public nuisance unless located more than 6 feet above the ground or used for a farm or public utility. Specific use-based ordinances (trash enclosures, day care, towers) may impose opaque or solid-fence requirements in Chapter 190 supplemental use regulations.

Key details: General Material List: Not enumerated by NRO Sec. 190-44. Common Permitted Materials: Wood, vinyl, chain link, wrought iron, masonry, composite. Barbed Wire: Public nuisance unless over 6 ft or farm/utility (Chapter 150). Height Cap (Residential): 7 feet (NRO Sec. 190-44.A). Trash Enclosure: Opaque impact-resistant fence (Chapter 190 supplemental).

Using barbed wire below 6 feet on non-agricultural, non-utility residential property violates NRO Chapter 150. Choosing fencing that obstructs traffic sight lines at driveways or intersections violates NRO Sec. 190-44.A or B regardless of material. Use-specific requirements (trash enclosures, day care, towers) for solid or opaque materials, when applicable, must be met under Chapter 190 supplemental regulations.

Nashua is more permissive than most cities when it comes to approved materials. That said, there are still limits.

The Bottom Line

Nashua's fence regulations rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Nashua is broadly strict or permissive.

These rules come from Nashua's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.