How New Bedford Handles Fence Regulations: A Practical Guide

New Bedford maintains 76 local ordinances across all categories, and 4 of those deal specifically with fence regulations. Here is a breakdown of what the city actually requires, what is prohibited, and where New Bedford falls on the strict-to-permissive spectrum compared to other cities.

Material Restrictions

New Bedford bans barbed wire fencing in every residential zone, and on any property line touching a residential zone, unless it starts at least eight feet above grade. Zoning Section 2339 is the city's only fence-material restriction: it does not separately address electric fencing, chain link, or any other material, so those remain governed by the ordinance's general fence height and yard-placement rules.

Key details: Residential ban: Barbed wire prohibited at all heights. Abutting-line rule: 8-foot minimum height on lines touching residential zones. Adopted: December 23, 2003; amended November 12, 2004. Electric fencing: No separate local restriction found. Enforcement: Inspector of Buildings under Section 5120.

Installing barbed wire inside a residential zone, or below eight feet on a line abutting one, is a zoning violation the Inspector of Buildings can enforce under Section 5120, which authorizes "any and all such action as may be necessary to enforce full compliance" with the ordinance. An owner can be ordered to remove or raise the noncompliant wire, with further remedies available under M.G.L.A. c. 40A, § 7 for continued noncompliance.

Height Limits

On a corner lot in a New Bedford residence district, Zoning Section 2740 caps fences, walls, and structures at three and a half feet inside the sight-triangle formed by the two intersecting streets, and bans hedges or trees that block a driver's view there. The triangle runs 20 feet along each street line from the corner.

Key details: Height cap: 3½ feet inside the sight triangle. Triangle size: 20 feet along each intersecting street line. Applies to: Corner lots in residence districts. Also restricts: Hedges and trees blocking driver view. Enforcement: Inspector of Buildings under Section 5120.

Erecting a fence, wall, or structure taller than 3½ feet inside the corner sight triangle, or letting a hedge or tree grow tall enough to block a driver's view there, violates Section 2740. The Inspector of Buildings enforces the standard under Section 5120 and can require the obstruction cut down or removed, with further remedies under M.G.L.A. c. 40A, § 7 for continued noncompliance.

Neighbor Fence Rules

Massachusetts law makes neighbors jointly responsible for partition fences on a shared property line, and New Bedford implements that system locally: the mayor appoints two or more fence viewers each April, confirmed by the city council, to serve one-year terms and resolve disputes between abutting owners over building or paying for a boundary fence.

Key details: Local office: Two or more fence viewers, appointed annually. Appointing authority: Mayor, confirmed by city council, each April. Term: One year, until a successor is qualified. Fee: $5/day worked, $1 minimum per case. Who pays: The disputing neighbors, per viewers' certificate.

The ordinance sets no separate criminal fine for ignoring a fence viewer's ruling. Enforcement instead runs through the cost-allocation certificate itself: the fence viewers issue a written certificate assigning each neighbor's share of the $5-per-day fee and, under the state partition-fence law it implements, of the underlying fence cost, which becomes a binding obligation between the parties.

The rules around neighbor fence rules in New Bedford lean permissive, but that does not mean anything goes.

Fence Permit Requirements

New Bedford does not require a permit to build an ordinary residential fence, except within the city's Floodplain Overlay District. Section 4478 of the Code of Ordinances requires a permit for all proposed development in that overlay district and expressly lists fences among the covered work. The Inspector of Buildings administers the program citywide.

Key details: Permit required: Only inside the Floodplain Overlay District. Governing section: Code of Ordinances § 4478. Administrator: Inspector of Buildings, floodplain administrator. Flood zones covered: A, AE, VE, AO, AH, unnumbered A. Penalty: $5-$300 per day, § 1-9.

The floodplain sections carry no permit-specific fine, so an unpermitted fence or other development inside the overlay district falls under the Code's general penalty, Section 1-9: a fine of not less than $5.00 and not more than $300.00 for each offense, with every day the violation continues counted as a separate offense. The Inspector of Buildings, as floodplain administrator, enforces the requirement.

The rules around fence permit requirements in New Bedford lean permissive, but that does not mean anything goes.

The Bottom Line

Compared to many U.S. cities, New Bedford gives residents more room on fence regulations. 2 of the 4 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.

This guide is based on New Bedford's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.