Massachusetts Fence Ordinance

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US-M-9584
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This is a sample of Municipal Codes when dealing with a fence ordinance. This may be used across the United States.

The Massachusetts Fence Ordinance is a set of regulations that outline specific requirements and guidelines for constructing fences within the state. These ordinances aim to maintain safety, aesthetics, and property values across different communities and ensure that fences serve their intended purposes without causing any adverse effects. There are several types of Massachusetts Fence Ordinances, which may vary by city or town. These include: 1. Height Restrictions: Most ordinances in Massachusetts impose height restrictions on fences. This ensures that fences do not obstruct visibility, hinder traffic, or create privacy concerns for neighboring properties. For example, the fence may not exceed six feet in height in residential areas and may need to be lower when adjacent to roads or intersections. 2. Materials and Design: The ordinances often specify acceptable materials and designs for fences. This ensures that they are aesthetically pleasing and compatible with the surroundings. Regulations may require certain materials like wood, metal, vinyl, or masonry and limit the use of chain-link fences. 3. Residential vs. Commercial: Some ordinances differentiate between residential and commercial properties. Residential fences often have more lenient regulations, considering homeowners' privacy needs, while commercial fences need to comply with broader safety and visibility guidelines to prevent obstruction or hazards. 4. Setback Requirements: Setback requirements establish the distance between a fence and property lines, sidewalks, roads, or other structures. These regulations ensure that fences do not encroach on public rights-of-way and maintain accessibility. 5. Permits and Inspections: Massachusetts Fence Ordinances may require permits and inspections before and after fence installation. Obtaining permits ensures compliance with zoning codes and building regulations. Inspections check if the fence meets safety standards, is appropriately installed, and adheres to the approved plans. 6. Pool and Security Fencing: Massachusetts also has specific ordinances concerning pool fencing to ensure the safety of children and prevent accidental drownings. These ordinances often require self-closing and self-latching gates, a minimum fence height, and limited spacing between fence components. Some ordinances may also address security fencing around commercial properties, mandating certain materials or installation methods. Understanding and complying with the Massachusetts Fence Ordinance is crucial to avoid potential fines, legal issues, or having to modify or remove non-compliant fences. It is advisable to consult local building departments or zoning boards to confirm specific regulations applicable to your area before starting any fence construction project.

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A fence up to six feet in height may be located on or close to a lot line. No building permit is required. However, a fence cannot obstruct views on corner lots. To construct a fence over six feet in height, you are required to obtain a building permit.

While height restrictions are different in some districts, Massachusetts state regulation mandates that residential fences can be no higher than seven feet in back yards and four feet in front yards. Without a permit. A permit and engineering is required for a fence over seven feet showing footings and wind loads.

If the fence is located in the side or rear yard, the maximum allowed height is 8 feet, unless on a corner lot. When a fence is located in the front yard, the maximum allowed height is 4 feet. A permit is required when the fence/wall is used as a pool barrier on parcels of single family dwellings.

Massachusetts' law states ?The occupants of adjoining lands enclosed with fences shall, so long as both of them improve the same, maintain fences in equal shares between their enclosures, unless they otherwise agree? (§3).

The occupants of adjoining lands must keep and maintain fences in equal shares. The occupants may agree to use markers instead of fences. The occupants must maintain repairs unless the occupants mutually agree.

Fences are typically built between 2 and 8 inches from the line between properties. Some areas will allow the building of fences directly on the property line, but in this case, you'll have to cooperate with your neighbor and potentially share the cost of the fence.

Fences have a maximum height of six feet in residential areas, which is lowered to four feet for fences in the front yard. Additionally, if you plan to use the land for agricultural purposes, the fence has to be at least four feet and two inches high.

Tennessee Fence Law Basics For example, partition fences are the responsibility of both property owners even if only one neighbor needs a fence. Costs for the building and maintenance of the fence are to be shared equally by each landowner. That means you could be forced to pay for a fence you neither need nor want.

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Dec 1, 2017 — According to State law, each town must annually appoint two or more fence viewers to settle fencing disputes. This position was first ... Jul 31, 2023 — A fence or other structure in the nature of a fence which unnecessarily exceeds six feet in height and is maliciously erected or maintained for ...May 6, 2022 — According to Massachusetts' fence laws, fences four feet high and constructed of certain materials are considered legal. Jul 31, 2023 — Most cities and towns in Massachusetts require permits for fence installations. Contact your local building department or zoning board to ... If the owner of the property is securing the permit then the Homeowner. Waiver portion of the application must be filled out indicating that they will be. Apr 23, 2022 — Cities have a variety of regulations that pertain to fences. A permit for a fence is only necessary if the city requires it. There is no single ... Fences: A fence may be erected in any residential area with the following requirements: Six feet in height or less does not require a building Permit. May be ... This Section 5.60 shall only apply to the construction of all permanent fences in all zoning districts in the City, whether or not a permit or other approval is ... May 10, 2022 — Massachusetts law prohibits the erection of a “nuisance fence” that ... file a lawsuit to order it taken down (with a possible claim for ... Jan 31, 2023 — To determine if these laws apply to you, start at the city or county level with the planning and permitting department. While fence-related laws ...

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Massachusetts Fence Ordinance