6 rules for unincorporated Hampshire County, Massachusetts.
Verified from official government sources
Hampshire County abolished its government in 1999 and Massachusetts counties never zoned, so no county fence-height rule exists. Each town's zoning bylaw sets the limits, and MGL c.49 §21 makes a fence over six feet built maliciously to annoy a neighbor a private nuisance.
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...
No Hampshire County permit exists for a fence; the county runs no building department. Under the state building code, 780 CMR, fences up to seven feet are exempt from a building permit, though towns still apply zoning setbacks.
780 CMR 51.00 R105.2
Fences not over 7 feet (2134 mm) high.
Massachusetts imposes no general duty to split a boundary fence's cost; each owner fences their own land. The one statewide neighbor rule is MGL c.49 §21: a malicious fence over six feet is a private nuisance the neighbor can sue over.
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...
No county permits retaining walls. Under the state building code, 780 CMR, a retaining wall up to four feet high, measured from the footing, needs no building permit unless it supports a surcharge. Taller or loaded walls require a town permit.
780 CMR 51.00 R105.2
Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.
Every residential pool in Hampshire County must be enclosed by a barrier. The state building code, 780 CMR, requires a barrier at least 48 inches high with self-closing, self-latching gates. Towns enforce it through the building inspector.
780 CMR 51.00 Appendix G, AG105.2
The top of the barrier shall be at least 48 inches (1219 mm) above finished ground level measured on the side of the barrier which faces away from the swimming pool.
No county or Massachusetts statute restricts residential fence materials. Wood, vinyl, chain-link, and iron are all allowed. Material limits come only from each town's zoning bylaw or historic-district rules, never a county the state abolished in 1999.
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