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Newton, MA Building Setbacks & Zoning: Structure Height Limits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Sloped roof max
36 feet (SR1, SR2, SR3)
Flat roof max
30 feet (SR1, SR2, SR3)
Stories by right
2.5 stories
Stories by special permit
3 stories, City Council
Habitable space above max height
Never allowed
Violation fine
Up to $300 per day
Enforcing agency
Commissioner of Inspectional Services

Summary

Newton's Single Residence districts cap building height under Chapter 30, Sec. 3.1.3. SR1, SR2 and SR3 all allow a 36-foot sloped roof, a 30-foot flat roof, and 2.5 stories by right, rising to 3 stories only with a City Council special permit.

SR1 SR2 SR3 Principal Building Height Sloped Roof (max) 36' 36' 36' Flat Roof (max) 30' 30' 30' H Stories (max) 2.5 2.5 2.5 H Stories by Special Permit (max) 3 3 3

Full Breakdown

Chapter 30, Sec. A defines building height as the vertical distance between the average grade plane and the highest point of the roof. Several features are excluded from that measurement: cornices projecting no more than 5 feet above the roofline, chimneys and elevator enclosures up to 15 feet above the roofline, rooftop tank enclosures up to 20 feet that cover no more than 10% of the roof area, solar panels extending no more than 1 foot above a sloped ridge or 4 feet above a flat roof's parapet, and ornamental towers, spires and domes.

Sec. 2 flatly bars any habitable space above the maximum allowed height. The Sec. 5 stories as of right, with the City Council able to grant a special permit for up to 3 stories. Sec. C defines a half story as one under a sloped roof where less than two-thirds of the floor area has a ceiling of 7 feet or more, and Sec. D treats any story that is two-thirds or more below the average grade plane as a basement rather than a counted story.

The Commissioner of Inspectional Services applies these limits at building permit review under Sec. 1, and the Sec. 1 table was most recently amended by Ordinance No. C-67 on October 20, 2025.

Violations & Fines

Constructing above the 36-foot sloped-roof or 30-foot flat-roof maximum, or adding a third story without a special permit, violates Chapter 30. Sec. 7.9.2 fines the property owner up to $300 for each day the violation continues, and the Commissioner of Inspectional Services can refuse a building permit for work that exceeds the district's height table. Appeals of enforcement decisions go to the Zoning Board of Appeals within 30 days.

Frequently Asked Questions

How tall can a house be built in Newton's SR1 district?
Chapter 30, Sec. 3.1.3 caps a Single Residence SR1 building at 36 feet if it has a sloped roof or 30 feet if it has a flat roof, and limits it to 2.5 stories as of right. The same limits apply to SR2 and SR3. A fourth story is never allowed, and the City Council can grant a special permit for a third story.
Do chimneys and solar panels count toward Newton's height limit?
Not fully. Sec. 1.5.4.A excludes chimneys, vents and elevator enclosures up to 15 feet above the roofline, and solar panels up to 1 foot above a sloped ridge or 4 feet above a flat roof's parapet, from the height calculation. Rooftop tank enclosures up to 20 feet, covering no more than 10% of the roof, are excluded too.
Can I add a third floor to my Newton house?
Only with City Council approval. Sec. 3.1.3 allows 2.5 stories by right in every Single Residence district, but a full 3 stories requires a special permit from the City Council. Sec. 1.5.4.A.2 also bars any habitable space above the district's maximum height regardless of how many stories are built.

Sources & Official References

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