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 Gloucester, MA.
Gloucester MA Fence Law
Gloucester, MA has a Code of Ordinances which includes some references to fences.
In Part II, Chapter 5, Section 5-1, Furnishing street lines and grades prior to erection or alteration of fences, walls or buildings, it states:
No person shall proceed to erect or make any alterations in the location or grade of any fence, wall or building, a part of which is to abut upon a public street, lane, square or alley, without first applying to the city engineer for the lines and grades of the street, lane, square or alley upon which he intends to build. Any such application shall be made at least five days before the work is begun, and the city engineer shall, within the time named, furnish the required lines and grades without charge, if in his power so to do.
(Code 1970, § 2-217)
Cross reference— Streets, sidewalks and other public places, ch. 21.
In Part II, Chapter 5, Section 5-2, Fencing of Swimming Pools Required, it states:
(a) Any person owning land in the city on which there is situated a swimming pool, in-ground or above-ground, shall erect and maintain thereon an adequate enclosure either surrounding the property or pool area, sufficient to make the pool inaccessible to small children. Any such enclosure, including gates therein, must be not less than four feet above the underlying ground. All gates must be self-latching with latches placed four feet above the underlying ground or otherwise made inaccessible from the outside to small children. Any such enclosure shall be located at least a distance of five feet away from the pool. Fences located on aboveground pool decks shall not be considered as meeting the requirements of this section unless specifically approved by the inspector of buildings. Aboveground pools with a wall height of five feet or more will be exempt from the fencing requirement, but a gate must be placed around the access to any such pool.
(b) This section shall apply retroactively to all in-ground and aboveground pools within the city. Preexisting lawfully installed pools may be exempt from the above requirements if enclosures are provided which offer the same degree of protection as above and are acceptable to the inspector of buildings.
(Ord. of 5-23-1978, § 1; Ord. of 8-30-1978, § I)
State law reference— Fencing, inspection of public or semipublic outdoor in-ground swimming pools, M.G.L. c. 140, § 206.
Gloucester, MA City Code and Ordinances Online: http://library.municode.com/index.aspx?clientId=14961
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, make sure that you’ve reviewed the applicable laws and regulations. For a professional assessment of your fencing requirements, please contact the fence pro’s 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!
