Legal Question in Real Estate Law in Massachusetts

I live in a town that is telling us we need to pull a permit for a fence at 6'. This is not how I am interpreting the MA CMR 105.2 which states "Work Exempt from Permit. Except for activities which may require a permit pursuant to other laws, by-laws, rules and the specialized codes of M.G.L. c. 143, ยง 96, a building permit is not required for the following activities:

Fences six feet in height or less. "

I feel as though they are interpreting this regulation to their benefit in order to make money. How is this seen?


Asked on 4/27/17, 5:25 am

1 Answer from Attorneys

The regulation subject to local rules, if the local rule requires a permit, then you need to get a permit. Apparently, in your town the rule is that you need a permit. I would ask for a copy of the rule requiring a permit, if they are quoting this regulation then they are misinterpreting the regulation. Good Luck.

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Answered on 4/28/17, 8:33 am


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