Nashua caps residential fence height at 7 feet under Section 190-44 of the Nashua Revised Ordinances (Chapter 190 Land Use, Article VI Supplemental Use Regulations), as amended by Ordinance O-23-065. Section 190-44.A reads: 'In residential zoning districts, [walls, fences or similar enclosures] shall not exceed seven (7) feet in height or interfere with traffic circulation.' Nonresidential districts have no height restriction under Sec. 190-44.B, provided the fence does not interfere with traffic circulation. Parcels directly adjacent to the Frederick E. Everett Turnpike (residential uses) may build boundary fences up to 14 feet under Sec. 190-44.C.
NRO Section 190-44 Fences (Chapter 190 Land Use, Part 2, Article VI Supplemental Use Regulations) provides, as amended by O-23-065 (2023): '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.' Ordinance O-23-065 amended Sec. 190-44.A by replacing 'six' with 'seven (7) feet' as the residential maximum. New Hampshire's spite fence statute, RSA 476:1, also applies independently: 'Any fence or other structure in the nature of a fence, unnecessarily exceeding 5 feet in height, erected or maintained for the purpose of annoying the owners or occupants of adjoining property shall be deemed a private nuisance.' The Department of Building Safety enforces Sec. 190-44 from 229 Main Street, 2nd Floor, Nashua NH 03060, phone 603-589-3080.
A residential fence exceeding 7 feet (other than the Turnpike-adjacent exception in Sec. 190-44.C) violates Sec. 190-44.A. A Turnpike-adjacent fence over 7 feet without a building permit issued by the Department of Building Safety violates Sec. 190-44.C. A fence that interferes with traffic circulation violates Sec. 190-44.A and B and can be ordered modified by the Department of Building Safety. Any fence over 5 feet erected to annoy a neighbor is also a private nuisance under RSA 476:1 and can be ordered removed within 30 days under RSA 476:3, with a $10 per day penalty for non-removal.
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