There is no one answer for Greater Boston. The rule changes with the municipality, the height of the fence and whether the street is in a historic district. The Fence Company of Boston helps customers with local fence permits and HOA approvals.
Is a permit to build or replace my fence required?
Within the city, fence permits go through the Boston Inspectional Services Department. As a general guide, the taller the fence, the more likely a building permit is needed. Do not assume a like-for-like replacement is exempt, because it may need a permit as well. Quincy, Brookline, Newton, Cambridge and Somerville run their own building departments with their own forms and limits, so the answer in one town does not carry over to the next.
What height can I build? Is 6 feet allowed?
In most back yards around here, yes, 6 feet is the usual maximum. Front yards normally get a lower cap. Your municipal zoning code holds the real figures, and they are worth reading before you order. State law adds one more point. Under General Laws chapter 49, section 21, a fence that unnecessarily exceeds six feet in height and is kept up maliciously to annoy the neighbors counts as a private nuisance.
How close to the property line may the fence go?
Local practice is to set the fence right at the line or a little inside it, on the side of whoever is paying. Your zoning code may add setbacks at street corners and driveways so that drivers can see.
Should I order a plot plan or a survey before building?
When the boundary is not marked on the ground, yes. The same goes when the neighbor has a different idea of where it runs. A survey is cheap next to tearing out a finished fence and setting it again a foot over.
My house is in a historic district. Which fences get approved?
Any new or altered fence in a Boston historic district, including the South End, Back Bay and Beacon Hill, needs sign-off from the Boston Landmarks Commission first. Expect wood or ornamental metal to pass more easily. Chain link and vinyl that can be seen from the street are frequently turned down.
Can a condo association or HOA restrict what I build?
It can. Association documents may set the color, the material and the height, and those limits apply in addition to anything the municipality says. Have the approval on paper before any material is ordered.
What fence does a new pool need?
State code calls for a barrier around a swimming pool. It sets a minimum height, limits the size of openings and requires a gate that closes and latches by itself. Your local building department can give you the current measurements. Design the fence alongside the pool, since the pool cannot pass inspection without it.
The pool inspector failed the fence I already have. Who fixes it?
That is fence work, so call a fence contractor. Typical corrections:
- Hinges that pull the gate shut.
- A latch set at the height the code asks for.
- Filling the space between the bottom rail and the ground.
- New sections where the old ones are short or easy to climb.
Bring the inspection report to the estimate so the quote answers each item.
The rules allow only a 4-foot open fence and I want privacy. Any way around it?
- Plant a hedge or shrubs on your side of the 4-foot fence.
- Ask whether a taller screen beside a deck or patio, away from the boundary, falls under a separate rule.
- Apply to the board for a variance and get the answer on paper.
- Look at the plot plan for easements. A fence may be barred from a utility easement, or may need to come out on request.
Who calls 811, the homeowner or the fence company?
The party that digs. General Laws chapter 82, section 40A puts the duty on the excavator to give Dig Safe notice 72 hours ahead, and Saturdays, Sundays and legal holidays are left out of the count. A hired fence company handles the notice for its own job. Owners should know that the service marks utility-owned lines only. Sprinkler pipe, landscape lighting and a cable you ran to the garage will not be marked, so point them out.
A contractor offered to skip the permit and set posts in the old holes. Is that risky?
Yes, and the risk is yours, not the contractor's. Where a permit applies and none exists, the municipality may issue a stop-work order or require changes to the finished fence. Unpermitted work also tends to surface during a home sale. Old holes are a second concern: if they were too shallow the first time, they still are.
The city told me my old fence breaks the current rules. May I repair it anyway?
Possibly. Many places let an older fence be repaired while requiring a brand new one to follow today's code. Your building department makes that call, so get its answer before spending money on either route.
Want a price for your own yard? The estimate is free, done on site, and the quote comes in writing. Call (508) 690-4738.