Under the Massachusetts State Building Code (780 CMR), fences 6 feet or less in height do not require a building permit. Fences over 6 feet require a permit. Municipal zoning bylaws may impose additional height restrictions. Massachusetts' spite fence law (MGL Ch. 49 §21) limits malicious fences to 6 feet.
The Massachusetts State Building Code (780 CMR) exempts fences 6 feet or less in height from building permits statewide. This applies across all 54 municipalities in Middlesex County. Fences exceeding 6 feet require a building permit with structural plans. Municipal zoning bylaws layer additional height and placement restrictions: front yard fences are typically limited to 4 feet, side and rear yard fences to 6 feet, though exact limits vary. Massachusetts' unique 'spite fence' law (MGL Chapter 49 §21) provides that a fence over 6 feet that is unnecessarily erected for the purpose of annoying the adjoining landowner is a private nuisance. This can be raised even when a fence technically complies with zoning — the malicious intent makes it actionable. Some municipalities in Middlesex County require a zoning permit for fences even when no building permit is needed — this is a simpler review process to ensure setback and height compliance. In historic districts (Cambridge, Concord, Lexington, etc.), fences visible from public ways may require Historic District Commission review for materials and design. Fences near wetlands may need Conservation Commission approval under the Wetlands Protection Act (MGL Chapter 131 §40). Pool fences must comply with Massachusetts State Building Code requirements: minimum 4 feet tall with self-closing, self-latching gates (780 CMR 3109). Property line disputes are common in older New England neighborhoods where boundaries were historically marked by stone walls — a professional survey is recommended before fence installation.
Fences over 6 feet without permits face building inspector enforcement. Fences exceeding municipal zoning limits may be cited and ordered reduced. Spite fences can be challenged in court. Fences in historic districts without commission approval may be ordered modified.
Lowell, MA
Lowell applies the Massachusetts DEP 10-dB-above-ambient standard for objective measurement and uses a plainly-audible test for subjective enforcement.
Lowell, MA
Lowell restricts gas-powered leaf blower use to daytime hours; no outright ban exists, but decibel and hour limits apply under the general noise ordinance.
Lowell, MA
Outdoor music at restaurants, breweries, and event venues in Lowell requires an entertainment license and must end by 10 p.m. in residential zones.
Lowell, MA
Lowell enforces nighttime quiet hours that restrict unreasonable noise in residential areas, authorized under MGL c.40 s.21 and enforced by Lowell Police and...
Lowell, MA
Amplified music from homes, vehicles, or outdoor events in Lowell must not be plainly audible beyond 50 feet and is subject to permit rules for public venues.
Lowell, MA
Industrial operations in Lowell must keep noise within Massachusetts DEP guidelines and the local ordinance, with stricter limits at residential property lines.
See how Lowell's fence permits rules stack up against other locations.
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