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.
Somerville, MA
Somerville restricts amplified music through its noise ordinance and entertainment licensing, with plainly-audible standards at property lines and stricter c...
Somerville, MA
Somerville limits construction noise to daytime and early-evening weekday hours with shorter Saturday windows and a full Sunday and holiday prohibition, refl...
Somerville, MA
Overnight street parking in Somerville requires a resident permit citywide. Snow emergencies trigger odd-even or posted-side bans.
Somerville, MA
Commercial vehicles over 2.5 tons cannot park overnight on Somerville residential streets. Loading zones are time-limited and signed by block.
Somerville, MA
Most Somerville streets are resident-permit zones. Non-residents are limited to 2 hours on posted blocks from 8 AM to 8 PM daily including weekends.
Somerville, MA
Somerville requires a building permit for most fence installations, with historic districts adding a Historic Preservation Commission review step for visible...
See how Somerville's fence permits rules stack up against other locations.
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