Hampden County has no county government (abolished 7/1/1998 under M.G.L. c. 34B Β§1), so fence rules are set by each city/town's zoning bylaw under M.G.L. c. 40A. Statewide, M.G.L. c. 49 Β§21 makes a fence over 6 feet built maliciously to annoy a neighbor an actionable "spite fence" nuisance. The 780 CMR state building code (10th edition) requires a building permit for any fence over 7 feet. In Hampden County's larger cities, typical limits are 4 ft front yards / 6 ft side and rear yards: Springfield Zoning Ord. Β§6.4.2, Holyoke Zoning Β§6.5, and Chicopee Zoning Β§10.4 follow this pattern.
Massachusetts has no statewide residential fence-height cap below 7 feet. The state-level rules are: M.G.L. c. 49 Β§21 ("spite fence" - any fence over 6 feet erected unnecessarily and maliciously to annoy adjoining owners is a private nuisance, with the injured neighbor entitled to damages), M.G.L. c. 49 Β§10 ("legal and sufficient fence" between agricultural properties is at least 4 feet of stones, wood, wire, or hedge in good repair), and 780 CMR (state building code, 10th edition) which requires a building permit for any fence taller than 7 feet. Within Hampden County, each municipality enforces its own zoning bylaw under M.G.L. c. 40A: Springfield Zoning Ordinance Β§6.4.2 limits fences to 4 feet in the front yard setback and 6 feet 6 inches elsewhere, with a 25% opacity rule for fences over 4 feet in front; Holyoke Zoning Ord. Β§6.5 limits fences to 4 feet in front yards and 6 feet in side/rear yards; Chicopee Zoning Β§10.4 sets the same 4 ft front / 6 ft rear pattern; Westfield (Zoning Β§8-30) and Agawam (Zoning Β§180-65) follow comparable rules. Corner-lot sight triangles are regulated locally - typically a 25-foot triangle from the intersection where fences cannot exceed 30 inches. Disputes over fences on or near the property line, including spite-fence claims under M.G.L. c. 49 Β§21, are civil matters decided in superior or land court. There is no countywide permit office and no Hampden County fence inspector.
Building a fence taller than the local limit, or one over 7 feet without a building permit under 780 CMR, can result in a stop-work order, a zoning enforcement order under M.G.L. c. 40A Β§7, and an order to remove or shorten the fence. A neighbor harmed by a malicious fence over 6 feet can sue under M.G.L. c. 49 Β§21 for damages and abatement. Local fines under M.G.L. c. 40 Β§21D typically start around $50-$100 per day for continuing zoning violations.
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See how Hampden County's height limits rules stack up against other locations.
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