6 rules for unincorporated Essex County, Massachusetts.
Verified from official government sources
Fences across Essex County communities top out at 6 feet in back and side yards and 3 to 4 feet in front yards under town zoning. A fence over 6 feet built to spite a neighbor is a private nuisance under MGL c.49 §21.
MGL c.49 §21
A fence or other structure in the nature of a fence which unnecessarily exceeds six feet in height and is maliciously erected or maintained for the purpose of annoying the owners or occupants of adjoining property shall be deemed a private nuisance. Any such owner or occupant injured in the comfort or enjoyment of his estate thereby may have an action of tort for damages under chapter two hundr...
Fences 7 feet and under need no state building permit under 780 CMR, but Essex County towns require a local fence or zoning permit before you build along a lot line, and anything over the height limit needs zoning board approval.
A fence over 6 feet built to spite a neighbor is a private nuisance under MGL c.49 §21, and the injured owner sues for damages. Boundary fences must sit on your own land, and fence viewers settle division-fence disputes.
MGL c.49 §21
A fence or other structure in the nature of a fence which unnecessarily exceeds six feet in height and is maliciously erected or maintained for the purpose of annoying the owners or occupants of adjoining property shall be deemed a private nuisance. Any such owner or occupant injured in the comfort or enjoyment of his estate thereby may have an action of tort for damages under chapter two hundr...
Retaining walls over 4 feet, measured from the bottom of the footing to the top, need a building permit and engineered plans under 780 CMR across Essex County. Walls holding back a surcharge need engineering at any height.
Residential pools across Essex County must be enclosed by a barrier at least 48 inches high with gaps under 4 inches and a self-closing, self-latching gate under the Massachusetts State Building Code (780 CMR).
No Massachusetts statute dictates fence materials, so Essex County towns set the rules through zoning: wood, vinyl, chain-link, and masonry are standard, while barbed wire and electrified fencing are barred in residential districts.
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