Taunton's Fence Regulations: The Rules That Matter

Every city handles fence regulations a little differently. In Taunton, Massachusetts, there are 3 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Height Limits

Taunton's zoning ordinance Chapter 440 defines fences of 7 feet or less as not constituting a 'building,' meaning they are generally exempt from building regulations. Fences over 7 feet would be treated as structures requiring additional review. MGL Ch. 49 §21 prohibits spite fences over 6 feet if built maliciously.

Key details: Zoning Definition: Fences ≤7 ft excluded from 'building'. Spite Fence: MGL Ch. 49 §21 — max 6 ft if malicious. Over 7 Feet: Treated as structure — additional review. Permit: Required per city FAQ.

Code enforcement notice with correction period. Remove or modify non-compliant fence. Fines if not corrected.

If you are coming from a city with tighter rules, you will find Taunton gives residents more flexibility on height limits.

Permit Requirements

Taunton requires a permit for fence installation per the city's Permit FAQ. Applications are submitted to the Planning Department per §440-711. Fences must not restrict view to oncoming traffic per §350-3 and must be properly maintained per §350-4.

Key details: Permit Required: Yes — Planning Dept approval (§440-711). Traffic Safety: Must not restrict view (§350-3). Maintenance: Must be maintained (§350-4). Contact: Planning and Conservation Dept.

Unpermitted construction: stop-work order. May require removal. Retroactive permit with penalty fees.

Neighbor Fence Rules

Massachusetts law under MGL Ch. 49 §21 prohibits spite fences over 6 feet erected maliciously. Massachusetts has no shared-cost statute. Taunton requires fences not to restrict view to oncoming traffic (§350-3) and to be maintained (§350-4).

Key details: Spite Fence: MGL Ch. 49 §21 — prohibited. Shared Cost: No MA statute requiring cost sharing. Traffic View: Must not obstruct (§350-3). Disputes: Civil court resolution.

Spite fence: civil action for damages + injunction (MGL c.49 §21). Property line encroachment: civil suit. Small claims for disputes under $7,000.

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

The Bottom Line

Compared to many U.S. cities, Taunton gives residents more room on fence regulations. 2 of the 3 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.

Keep in mind that Taunton can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.