The City of Beverly is the subject of today’s post. Beverly is a seaside community with a population of approximately 40,000 as of 2010. It is often referred to as the “Birthplace of the American Navy.” It was settled in 1626 and incorporated in 1668.
Every town and community in Massachusetts has their own set of ordinances and bylaws that dictate what residences and businesses can and cannot do with fences and boundaries. As we discussed previously, we are going to take a closer look at each of the cities we service and review all of the State, County and local laws that fence owners need to be aware of and comply with.
The Importance of Fence Law
As a reminder, it is the responsibility of every fence owner, or potential owner, to take the time to understand what fence laws are applicable to their situation. If you’re building a fence, or have a fence that is in need of repair, there are state and local laws that apply to your situation. While we will be documenting all of the published ordinances for your area, we still recommend that once you review them, you seek further clarification and confirmation if you find one or more laws are going to impact your property. Furthermore, if you’re a member of an HOA or housing community, check with your organization for any bylaws which may further affect your fencing.
Massachusetts State Fence Law
In the State of Massachusetts, the State Constitution enumerates a series of fence laws and procedures in Chapter 49. Within the chapter are 21 sections regarding fencing. While we’re not going to reprint every section here, we’ll list and link to each section so you can refer to any that are relevant to your fencing situation.
Section 1 – Fence viewers; appointment; tenure
Section 2 – Definition of fences
Section 3 – Maintenance of partition fences
Section 4 – Failure to maintain partition fence; proceedings by adjoining occupant
Section 5 – Remedy for repair of deficient fence
Section 6 – Disputes regarding repairs; arbitration
Section 7 – Remedy for repair of deficient fence assigned by fence viewers
Section 8 – Remedy for repairing more than just share of partition fence
Section 9 – Construction and maintenance of fences between lands divided by a river
Section 10 – Fences on lands owned in severalty and occupied in common; construction
Section 11 – Maintenance of fences surrounding land laying common
Section 12 – Purchase of rights in fence
Section 13 – Enclosing of formerly unenclosed land; liability of owner; exception
Section 14 – Boundary disputes
Section 15 – Rebuilding of fence on true boundary; duties of adjoining owners
Section 16 – Fence viewers; jurisdiction where fence is on town boundary
Section 17 – Water fences
Section 18 – Fence viewers; powers
Section 19 – Penalty for misfeasance
Section 20 – Fees
Section 21 – Fences deemed a private nuisance; right of action
Make sure you take a moment to review each section that applies to your property or issue.
Massachusetts State Constitution, Chapter 49: Fences, Fence Viewers, Pounds and Field Drivers: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter49
Additionally, if your property, whether it’s a building or fence, serves as a boundary for a public way (such as a street or highway), there are additional fence laws which may apply to under Chapter 86, Boundaries of Highways and Other Public Places, and Encroachments Thereon.
Section 1 – Erection of monuments
Section 2 – Buildings or fences as boundaries
Section 3 – Encroachment on public ways
Section 4 – Removal of encroachments
Section 5 – Removal of gates, rails, bars or fences upon or across ways
Section 6 – Barbed wire fences
Section 7 – Removal of unused poles, structures, etc. from public ways
Massachusetts State Constitution, Chapter 86: Boundaries of Highways and Other Public Places, and Encroachments Thereon: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter86
Key Points:
The Definition of a Fence
In the state of Massachusetts, a fence is a barrier at least “four feet high, in good repair, constructed of rails, timber, boards, iron or stone.” This covers most fences, but Massachusetts has also designated less ordinary constructs to be fences: “brooks, rivers, ponds, creeks, ditches and hedges, or other things which the fence viewers consider equivalent thereto” are also considered to be legal fences. It is important to note that these barriers must be in good repair to be considered legal fences, and that a fence with substantial wear or breakage is not legal and can be considered a public nuisance.
Six Feet Restriction
While height restrictions are different in some districts, Massachusetts state regulation mandates that residential fences can be no higher than six feet in back yards and four feet in front yards. While this most directly applies to constructed fences, it also applies to natural fences such as trees, bushes or shrubbery in some districts. When planting a natural barrier, be sure to consult the local ordinances concerning height restrictions.
Massachusetts law allows for one-time exceptions, called variances, to the six foot rule in select cases. To receive an exception, fill out a request at the local City Hall including a detailed description of the circumstances of your need for an exception.
Shared Fences
Shared fences (fences constructed between two owners’ properties) are considered to be the responsibility of both owners. This means “both owners are responsible for keeping the fence in good repair, and neither may remove it without the other’s permission.”
Essex County Fence Law
There are no applicable ordinances for Essex County that apply to fences in Beverly, MA.
Beverly MA Fence Law
Permits are not required for fences in Beverly, MA.
What requirements are there for fences?
A fence up to six feet in height (nominal) may be located on or close to a lot line. No building permit is required. A fence greater than six feet must have written approval of the abutter and a building permit must be obtained.
Requirements for fences as they pertain to Swimming Pools
1. Do I need a permit for a swimming pool?
Yes. The State Building Code defines a swimming pool as any structure that contains water over 24 inches (610 mm) in depth and which is used, or intended to be used, for swimming or recreational bathing.
2. Are there setback requirements?
Yes. A swimming pool must be set back a minimum of 10 feet to the water line from the side and rear lines.
3. Is a fence required?
Yes. A fence at least 4 feet high (for a residential pool), with a self-closing and self-latching gate. If the wall of the house serves as part of the enclosure, any doors leading from the house to the pool must be alarmed.
City of Beverly Code of Ordinances
This ordinance addresses the requirement of fences pertaining to the use of security or guard dogs in the the City of Beverly.
CHAPTER 10; ARTICLE 2; SECTION 4B-17: OWNERSHIP AND USE OF SECURITY AND GUARD DOGS
(i) Any dog used primarily for the purpose of securing and protecting real or personal property which is open to public access at any time, shall comply with all the following:
(ii) Such dog shall be registered with the city clerk in accordance with Massachusetts General Laws, Chapter 140, Section 137 and 137A.
(iii) Such dog shall be kept within a suitable and closed-in area which at all times shall not be accessible to the pubic when such property is open to public access or during business hours. Such closed-in area will consist of a fence at least six (6) feet high with a fence covering and a locked gate and/or within a locked room if in a business establishment.
(iv) All areas secured or protected by a security or guard dog or dogs shall be posted in such thorough manner as to give adequate notice to the public. (Beware of Guard Dog, etc.)
Board of Health
Section 14.01 Dumpster Regulations
(iii) Enclosures, screening, etc. When deemed necessary by the board of health, it may be required that a dumpster site be enclosed or screened/shielded by the property owners or authorized agent
Local HOAs
As a reminder, be sure to check with your local housing association, if you have one, to ensure that there are no additional bylaws which may impact your fence or fence installation.
If you own a fence that needs repair, or if you’re considering the construction of a new fence or something that requires a fence, like a pool, dumpster enclosure or dog kennel in Beverly MA, make sure that you have reviewed the applicable laws and regulations. For a professional assessment of your fencing requirements, please contact the fence pros at Malone Fence Company. We can offer fence options and recommendations, as well as assist with your understanding of applicable fence laws and ordinances. Contact us today!
