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Fence laws in Somerville, Massachusetts

What the Somerville municipal code says about fences, one topic at a time, with the section number and a link to the document behind every line. Where Somerville sets no rule of its own, the Massachusetts rule is shown in its place and marked as such.

Fence laws in Somerville, Massachusetts, question by question

The short version

Who pays on the line
The general permission is as wide as it gets: fences may be placed up to and along any lot line, so no setback is required from any boundary, and the answer turns on whether the fence sits on the shared line or inside it. The figure is 0 feet, for setback required from a lot line for a fence.
How tall
Somerville draws the line off the frontage area rather than off a setback or a yard, and the answer turns on whether the fence is in the frontage area or behind it. The figure is 4 feet, for fence in the frontage area of a lot.
Permits
Somerville answers the permit question in one sentence and then adds a clause most ordinances leave unsaid.
Pool barriers
Massachusetts sets a pool fence height in law, but only for public and semipublic outdoor inground pools. The figure is 6 feet, for fence height around a public or semipublic outdoor inground swimming pool. It reaches public and semipublic outdoor inground pools, not a pool at a home only.
Spite fences
Massachusetts has a spite fence law, and it is the best known one in the country. The figure is 6 feet, for height above which a maliciously built fence may be treated as a private nuisance.
Measured from what
The one measuring rule Somerville writes is the one that catches the trick most often used to get a taller fence.
Corner lots
Somerville answers the corner without drawing a triangle. The figure is 4 feet, for fence height in either frontage area of a corner lot.
Retaining walls
Massachusetts needs no permit for a wall that holds back dirt when it is four feet tall or less, measured from the bottom of the footing to the top of the wall. The figure is 4 feet, for height at or below which a retaining wall needs no building permit. It reaches one and two family homes and townhouses up to three stories only.
Materials
The material rules are short and there are only two of them, and the answer turns on the material and which way the fence is turned. The figure is 50 percent, for maximum opacity of a fence in the frontage area.
Livestock
Massachusetts calls a fence legal and sufficient at four feet tall and in good repair. The figure is 4 feet, for height of a legal and sufficient fence.

Who owns the fence between two properties in Somerville?

Compare fences on the property line across all 50 states

Somerville answers this, but the answer changes depending on whether the fence sits on the shared line or inside it.

The general permission is as wide as it gets: fences may be placed up to and along any lot line, so no setback is required from any boundary. Then comes the sentence that almost no other city in this project writes. A fence installed directly onto a shared side or rear lot line requires the consent of the abutting property owner. That turns the boundary itself into something the two neighbors decide together, and it gives a plain reason to build a few inches inside the line instead, since a fence wholly on one owner land needs nobody to agree. The other limit on position is an easement: a fence is prohibited inside any existing or required drainage or utility easement, with no route to consent there at all. Retaining walls in the frontage area are also spaced, with successive walls needing four feet of horizontal separation.

Fences installed directly onto a shared side or rear lot line require consent of the abutting property owner.

Section 10.5.1.aCity of Somerville · Read 23 September 2026

The answer turns on whether the fence sits on the shared line or inside it.

anywhere inside the lot
Up to and along any lot line. 0 ft
directly on a shared side or rear line
The neighbor has to consent.
a drainage or utility easement
Prohibited.
two retaining walls
Four feet apart in the frontage area. 4 ft

Also on fences on the property line in Somerville

  • set in state lawMassachusetts splits a fence on the line in equal shares between the two neighbors. That holds as long as both of them are working their land, and any deal the two make instead wins over it. Massachusetts also still appoints fence viewers in every town to settle arguments about those shares. M.G.L. c. 49, § 3Massachusetts · Statute

How tall can a fence be in Somerville?

Compare fence height across all 50 states

Somerville answers this, but the answer changes depending on whether the fence is in the frontage area or behind it.

Somerville draws the line off the frontage area rather than off a setback or a yard. A fence in the frontage area may be four feet tall and no more than half solid. A fence behind the frontage area, internal to the lot, may be six feet, unless a screening requirement calls for something else. Posts and gate posts that are architectural features built into the design of the fence get half a foot more in each case, four and a half feet in front and six and a half behind. The one route above six feet runs the wrong way round compared with most cities: the Review Boards may require a fence behind the frontage area to be as tall as eight feet, as a condition of granting a Special Permit or Site Plan Approval, to answer a neighbor who is worried about privacy. So eight feet in Somerville is something a board makes an applicant build, not something an applicant asks for.

Fences located in the frontage area of a lot may be up to four (4) feet in height and up to fifty percent (50%) opaque.

Section 10.5.1.bCity of Somerville · Read 23 September 2026

The answer turns on whether the fence is in the frontage area or behind it.

the frontage area
Four feet, half open. 4 ft
behind the frontage area
Six feet. 6 ft
an architectural post
Half a foot more. 6.5 ft
a privacy condition from a Review Board
Up to eight feet, required rather than allowed. 8 ft

Also on fence height in Somerville

  • no rule, documents checkedMassachusetts sets no limit on how tall a fence at a house can be. The six foot figure in Chapter 49 is what turns a spite fence into a nuisance case, not a cap on height. Chapter 49 covers fence viewers, fences on the line and boundary fights, and nowhere limits an ordinary fence. Height comes from town zoning bylaws. M.G.L. c. 49Massachusetts · Statute

Do I need a permit for a fence in Somerville?

Compare permits across all 50 states

Somerville answers this in its own law. The words that do it are quoted below.

Somerville answers the permit question in one sentence and then adds a clause most ordinances leave unsaid. Fences do not require a building permit and are erected at the property owners risk. The first half is common enough. The second half is the city telling an owner plainly that nobody is going to inspect the fence, check the line or stand behind the result, which pairs with the rule immediately above it requiring a neighbor to consent before a fence goes directly on a shared line. Where a fence does meet a decision maker it is through something else: the Review Boards may require a taller privacy fence as a condition of a Special Permit or Site Plan Approval, and a fence used to satisfy a screening requirement is reviewed as part of that requirement rather than on its own.

Fences do not require a Building Permit and are erected at the property owners risk.

Section 10.5.1.aCity of Somerville · Read 23 September 2026

Also on permits in Somerville

  • set in state lawMassachusetts runs one building code for the whole state, written by the Board of Building Regulations and Standards under this law. The board makes the rules on building work and on issuing permits. The tenth edition is built on the 2021 International Codes, and its chapter 51 adopts the 2021 International Residential Code with Massachusetts changes. The list of work that needs no permit sits in that code, not in the law itself. M.G.L. c. 143, § 94Massachusetts · Statute

Pool fence requirements in Somerville

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Massachusetts answers this in its own law. The words that do it are quoted below.

Massachusetts sets a pool fence height in law, but only for public and semipublic outdoor inground pools. Those need a six foot fence held down at ground level. A board or stockade fence may be five feet, and anything over five feet has to be chain link. The section does not reach a pool behind a house, which falls under the state building code instead.

This one is Massachusetts law, not Somerville law. All Massachusetts findings

Every public and semipublic outdoor inground swimming pool shall be enclosed by a fence six feet in height and firmly secured at ground level provided that any board or stockade fence or structure shall be at least five feet in height, but if over five feet in height, the fence shall be chain link.

M.G.L. c. 140, § 206Massachusetts General Court · Read 13 September 2026

6 ftfence height around a public or semipublic outdoor inground swimming pool

Spite fence laws in Somerville

Compare spite fences across all 50 states

Massachusetts answers this in its own law. The words that do it are quoted below.

Massachusetts has a spite fence law, and it is the best known one in the country. A fence, or anything built like one, that goes over six feet for no reason and was put up or kept up out of spite to annoy a neighbor counts as a private nuisance. The neighbor can sue for money over the harm to the comfort or use of their property. Both the height and the spite have to be there.

This one is Massachusetts law, not Somerville law. All Massachusetts findings

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 the purpose of annoying the owners or occupants of adjoining property shall be deemed a private nuisance.

M.G.L. c. 49, § 21Massachusetts General Court · Read 13 September 2026

6 ftheight above which a maliciously built fence may be treated as a private nuisance

How fence height is measured in Somerville

Compare how height is measured across all 50 states

Somerville answers this in its own law. The words that do it are quoted below.

The one measuring rule Somerville writes is the one that catches the trick most often used to get a taller fence. Any portion of a retaining wall that stands above the ground level of the higher grade has to meet the requirements for fences. So the wall holding the soil is not counted, and everything above the top of the soil is counted, which means a four foot wall with a four foot fence on it reads as a four foot fence rather than an eight foot one. Behind the frontage area a retaining wall may be built to any height at all, because the part below the higher grade is not a fence in any sense the ordinance cares about. What the section never supplies is a datum for a fence standing on flat ground. No grade is named, no curb, no finished ground level, and nothing says whose side of a shared line the height is read from.

Any portion of a retaining wall that exists above the ground level of a higher grade must comply with the requirements for fences (see §10.5.1 Fences).

Section 10.5.2.aCity of Somerville · Read 23 September 2026

Also on how height is measured in Somerville

  • no rule, documents checkedMassachusetts puts a fence height in law and never says what it is measured from. Chapter 49 makes a fence over six feet a private nuisance when it is kept up to annoy a neighbor, and gives the six feet no starting point, which is what decides the answer on a slope or on top of a wall. The Zoning Act does not settle it either. Its section 3 is a list of things a local rule may not do, and it touches height only in passing, for child care buildings and for ham radio masts. Neither place gives a way to measure a fence. M.G.L. c. 49, s. 21Massachusetts · Statute

Fence rules for corner lots in Somerville

Compare corner visibility across all 50 states

Somerville answers this in its own law. The words that do it are quoted below.

Somerville answers the corner without drawing a triangle. On a corner lot the frontage area rule applies to both the primary and the secondary frontage, so a fence along either street is held to four feet and no more than half solid, and only the part of the lot behind both frontage areas gets six feet. That is a different shape of answer from the usual clipped corner: instead of protecting a wedge at the intersection, it protects the whole length of both streets. Neither the fence section nor the landscaping standards state a sight triangle, a leg length, or a band of protected height, and neither carves out an exception for an open fence, because the opacity limit already does that work. The result is a rule that is easy to apply from a plan and does not need anyone to judge a line of sight.

Fences located in the frontage area of a lot, for both the primary and secondary frontage, may be up to four (4) feet in height and up to fifty percent (50%) opaque.

Section 10.5.1.cCity of Somerville · Read 23 September 2026

4 ftfence height in either frontage area of a corner lot

Also on corner visibility in Somerville

  • left to the townMassachusetts leaves this to the town. The public ways chapter lets the town board or officer in charge of laying out roads give permits for signs, awnings and other things that stick out into or over a public road. The same section lets that board set the fees and write its own rules and fines for them. The chapter runs from direction signs to snow clearing to bicycles, and never measures a corner. Zoning covers the rest, so both routes end at the local bylaw and neither one prints a triangle. M.G.L. c. 85, s. 8Massachusetts · Traffic code

Retaining wall rules in Somerville

Compare retaining walls across all 50 states

Massachusetts answers this in its own law. The words that do it are quoted below.

Massachusetts needs no permit for a wall that holds back dirt when it is four feet tall or less, measured from the bottom of the footing to the top of the wall. A wall holding up extra weight on the soil behind it, such as a driveway or a building, needs a permit at any height. Massachusetts dropped the first chapter of the model residential code and wrote its own, so this permit list is state text rather than a pointer to a model code. Other laws and the trade codes can still call for a permit.

This one is Massachusetts law, not Somerville law. All Massachusetts findings

Retaining walls that are not over four feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.

780 CMR 51.00, R105.2Massachusetts Board of Building Regulations and Standards · Read 13 September 2026

4 ftheight at or below which a retaining wall needs no building permit

Fence materials allowed in Somerville

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Somerville answers this, but the answer changes depending on the material and which way the fence is turned.

The material rules are short and there are only two of them. Barbed wire and concertina wire are prohibited, with no exception for an industrial site or a utility yard. And the orientation rule is written from the frame rather than from the face: fence posts or supporting rails must face inward toward the property being fenced, and the finished face has to be turned toward the abutting property or the thoroughfare. Saying it that way closes an argument, because an owner cannot claim that the side with the rails on it is the finished one. Beyond those two, no material is permitted by name and none is prohibited. Wood, vinyl, chain link and masonry are all unmentioned. What replaces a materials list in the frontage area is the opacity limit, since a fence there may be no more than half solid whatever it is made of.

Fence posts or supporting rails must face inward toward the property being fenced and the finished face must be oriented towards the abutting property or thoroughfare.

Section 10.5.1.aCity of Somerville · Read 23 September 2026

The answer turns on the material and which way the fence is turned.

barbed or concertina wire
Prohibited outright.
the frame
It faces the fence owner yard.
anything else
Not named either way.
a fence in the frontage area
Half open, whatever it is made of. 50%

Also on materials in Somerville

  • set in state lawMassachusetts bans barbed wire in one place by name. A fence running along a sidewalk on a public road may not carry barbed wire anywhere within six feet of the ground, and building or keeping one is a fine of twenty to fifty dollars. The rule sits in the public ways chapter, not the fence chapter, and it reaches only a fence beside a sidewalk. Mass. Gen. Laws ch. 86, 6Massachusetts · Statute

Livestock and boundary fence law in Somerville

Compare agricultural fencing across all 50 states

Massachusetts answers this in its own law. The words that do it are quoted below.

Massachusetts calls a fence legal and sufficient at four feet tall and in good repair. It can be rails, timber, boards, iron or stone. Brooks, rivers, ponds, creeks, ditches and hedges count too, and so does anything else the town fence viewers judge just as good. Height is the only number in it.

This one is Massachusetts law, not Somerville law. All Massachusetts findings

Fences four feet high, in good repair, constructed of rails, timber, boards, iron or stone, and brooks, rivers, ponds, creeks, ditches and hedges, or other things which the fence viewers consider equivalent thereto, shall be deemed legal and sufficient fences.

M.G.L. c. 49, s. 2Massachusetts General Court · Read 13 September 2026

4 ftheight of a legal and sufficient fence

Also on agricultural fencing in Somerville

  • set in state lawMassachusetts lets a landowner hurt by loose farm animals sue the owner of those animals, or hold the animals until the damage is paid. The section names horses, mules, asses, cattle, sheep, goats and swine, and it puts no fence condition on that right. Another section points the same way by making the town field driver pick up farm animals found loose on public roads or on common and unimproved land. M.G.L. c. 49, s. 29Massachusetts · Statute

Documents behind this page

12 documents, of which 1 was published by Somerville itself. Each was read on the date shown.

  1. Massachusetts General CourtMassachusetts General Laws, Part I, Title VII, Chapter 49, Section 3, Maintenance of partition fencesM.G.L. c. 49, § 3 · Read 13 September 2026
  2. City of SomervilleSomerville Zoning Ordinance, Article 10, Development Standards, Section 10.5 Fences & WallsSection 10.5.1.a · Read 23 September 2026
  3. Massachusetts General CourtMassachusetts General Laws, Part I, Title VII, Chapter 49, Fences, Fence Viewers, Pounds and Field Drivers, full chapter listingM.G.L. c. 49 · Read 13 September 2026
  4. Massachusetts General CourtMassachusetts General Laws, Part I, Title VII, Chapter 49, Section 21M.G.L. c. 49, § 21 · Read 13 September 2026
  5. Massachusetts General CourtMassachusetts General Laws, Part I, Title XX, Chapter 143, Section 94, Powers and duties of boardM.G.L. c. 143, § 94 · Read 13 September 2026
  6. Massachusetts General CourtMassachusetts General Laws, Part I, Title XX, Chapter 140, Section 206, Enclosure of swimming poolsM.G.L. c. 140, § 206 · Read 13 September 2026
  7. Massachusetts General CourtMassachusetts General Laws, Part I, Title VII, Chapter 40A, Section 3, Subjects which zoning may not regulateM.G.L. c. 40A, s. 3 · Read 13 September 2026
  8. Massachusetts General CourtMassachusetts General Laws, Part I, Title XIV, Chapter 85, Section 8, Permits for signs and other structures projecting into or over waysM.G.L. c. 85, s. 8 · Read 13 September 2026
  9. Massachusetts Board of Building Regulations and Standards780 CMR 51.00: Massachusetts Residential Code, Chapter R1, Scope and Application, Tenth Edition, amendments to the 2021 International Residential Code780 CMR 51.00, R105.2 · Read 13 September 2026
  10. Massachusetts General CourtMassachusetts General Laws, Part I, Title XIV, Chapter 86, Section 6, Barbed wire fencesMass. Gen. Laws ch. 86, 6 · Read 13 September 2026
  11. Massachusetts General CourtMassachusetts General Laws, Part I, Title VII, Chapter 49, Fences, Fence Viewers, Pounds and Field DriversM.G.L. c. 49, s. 2 · Read 13 September 2026
  12. Massachusetts General CourtMassachusetts General Laws, Part I, Title VII, Chapter 49, Fences, Fence Viewers, Pounds and Field DriversM.G.L. c. 49, s. 29 · Read 13 September 2026

What this page does not cover

A city ordinance is not the only rule that reaches a fence. The zoning district a parcel sits in can change the height allowed on it, and so can an overlay district, a recorded easement, a fire hazard severity zone or a coastal zone. A homeowner association can be stricter than the city and nothing in the municipal code will say so. None of those appear here.

The rules above are the ones Somerville publishes, plus the Massachusetts rules that apply where the city sets none. Fence laws in Massachusetts has the state layer in full.

This is general information drawn from published government documents. It is not legal advice, ordinances are amended, and the date beside each finding is the date the document was read. How findings are made · What the terms mean