Nashua's general fence requirements live in two ordinances: NRO Sec. 190-44 (Land Use Code) and NRO Chapter 150 (Fences). Sec. 190-44 caps residential fence height at 7 feet (Sec. 190-44.A), requires that fences not interfere with traffic circulation (Sec. 190-44.A and B), and authorizes up to 14 feet adjacent to the Frederick E. Everett Turnpike with a Building Safety permit (Sec. 190-44.C). NRO Chapter 150 declares any barbed wire fence a public nuisance unless the barbed wire is more than 6 feet above ground or part of a farm or public utility operation. The Department of Building Safety enforces both at 229 Main Street, 2nd Floor, 603-589-3080.
NRO Sec. 190-44 Fences (Chapter 190 Land Use Code, Part 2, Article VI Supplemental Use Regulations) reads in full, as amended by O-23-065: 'Wall, fence or similar enclosures shall conform to the following: A. In residential zoning districts, shall not exceed seven (7) feet in height or interfere with traffic circulation. B. In nonresidential zoning districts, shall not interfere with traffic circulation (no height restriction). C. Parcels directly adjacent to the Frederick E. Everett Turnpike, including exits and entrances, upon which there are residential uses may construct boundary fences up to fourteen (14) feet in height on the lot line or lot lines, or portion(s) thereof, which directly adjoin the Turnpike. Such Turnpike boundary fences exceeding seven (7) feet in height shall seek a building permit through the Department of Building Safety and can only be constructed upon issuance of said building permit and subject to its conditions, if any.' NRO Chapter 150 (Fences), adopted by the Board of Aldermen, provides that 'Any fence made up in whole or part of barbed wire shall be deemed a public nuisance unless the barbed wire is located more than six feet above the ground or the fence is being used in connection with the operation of a farm or public utility.' Specific land uses carry their own fence rules under Chapter 190 supplemental use regulations - for example, child day-care, communications towers, and trash enclosures have separate fence/screening requirements.
Residential fences over 7 feet (other than Turnpike-adjacent exception) violate Sec. 190-44.A. Fences that interfere with traffic circulation, including by obstructing sight triangles at driveways and intersections, violate Sec. 190-44.A or B. Barbed wire fences less than 6 feet off the ground on non-agricultural, non-utility properties are public nuisances under NRO Chapter 150 and are subject to abatement. Turnpike-adjacent fences over 7 feet built without a Building Safety permit violate Sec. 190-44.C.
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