Before You Build in Brookline, MA: Permit & Rule Checklist (2026)

Massachusetts General Law Chapter 49 §21 governs shared fence obligations between neighbors. Brookline does not have a local ordinance superseding state law. Disputes about fence placement require a property survey.

Brookline's Zoning By-Law Sections 5.52, 5.62, and 5.74 set maximum fence heights at 6 feet in front yards and 7 feet in side and rear yards. Fences exceeding 7 feet along the MBTA right-of-way may be allowed by Special Permit from the Board of Appeals.

A building permit is required in Brookline for constructing, altering, or demolishing any fence or structure. Swimming pool enclosure fences always require a permit. Applications typically take 7–10 days to review.

Brookline requires pool fences to comply with Massachusetts Building Code (780 CMR) minimum of 48 inches (4 feet). Gates must be self-closing and self-latching with latches at least 54 inches above ground. A building permit is required for pool enclosure fences.

Brookline pools must comply with Massachusetts Building Code (780 CMR) and state health regulations (105 CMR 435). Building permits are required for pools over 24 inches deep. Pools in the Floodplain Overlay District require a Floodplain Development Permit.

Above-ground pools in Brookline over 24 inches deep require a building permit and must meet barrier requirements. If the pool wall is at least 48 inches high, it can serve as the required barrier, but ladders must be removed or locked when pool is not in use.

Brookline's 2024 ADU bylaw amendment eliminates the prior 5-year age requirement for garage conversions to ADUs. Conversions require a building permit and must meet 780 CMR standards. Detached garage ADUs must comply with ZO §§ 5.63 and 5.72.

Brookline updated its ADU bylaw (§ 4.05) in 2024 to comply with MGL c. 40A §3. One ADU by right on single-family lots is allowed up to 900 sq ft or 50% of principal floor area. Owner-occupancy requirements removed. FAR cap for ADUs eliminated.

Brookline's Zoning By-Law treats a detached carport as an accessory building. Under the Article V dimensional rules and the Building Department's Storage Shed/Accessory Structure FAQ, an accessory structure must sit at least 6 feet from any side or rear property line and at least 6 feet from the principal residence, may not stand in any front-yard setback, and requires a building permit; relief from the 6-foot setback or front-yard placement is only available by Special Permit from the Board of Appeals.

Accessory structures in Brookline must comply with dimensional requirements under the Zoning By-Law (Article V) and may require building permits. Structures in the Floodplain Overlay District require a Floodplain Development Permit.

Brookline is on Massachusetts's permanent year-round open burning prohibited list. Under MGL c. 48 §13, open burning is banned at all times in Brookline. No permits are issued for residential open burning.

Because Brookline is subject to a year-round open burning ban under MGL c. 48 §13, wood-burning fire pits are not permitted outdoors. Gas-fueled fire features for cooking may have different treatment — residents should contact the Brookline Fire Department.

Brookline's Tree Preservation Bylaw (effective March 27, 2025) protects all trees 6+ inches DBH within 20 feet of property lines. Work within 30 feet of protected trees may trigger permit requirements. Trimming of public shade trees requires Town Warden approval.

Brookline water is supplied by the MWRA (Massachusetts Water Resources Authority). During MassDEP drought declarations, outdoor watering restrictions apply. No permanent year-round odd/even schedule was found in Brookline's published bylaws.

Brookline's Tree Preservation Bylaw (effective March 27, 2025) requires a Tree Impact and Removal Permit for removing protected trees (6+ inches DBH within 20 ft of property line) and for construction/demolition near such trees. Mitigation costs $500 per inch of diameter removed.