Swimming pool rules in Auburn, Maine
Yes, with a $50 building permit (electrical inspection included) for above-ground or in-ground pools. Auburn's code lists swimming pools (250 sq ft or more) as accessory buildings, so they likely follow the accessory-building rules: at least 5 feet from the house, side and rear setbacks of half your district's house setbacks (at least 5 feet), and out of the front yard setback. Confirm with Code staff.
| Pool definition | 250+ sq ft surface and 24+ in deep, in-ground or above-ground [1] |
| Side/rear setback | Likely 50% of the house setback, minimum 5 ft (accessory-building rule) [3] |
| Distance from house | At least 5 ft [4] |
| Permit fee | $50 (includes electrical inspection) [5] |
| Building code | MUBEC, 2021 editions (applications from April 7, 2025) [6] |
Is it a "swimming pool"?
Auburn's zoning code defines a swimming pool as a manmade receptacle or excavation with at least 250 square feet of surface area, designed to hold water at least 24 inches deep, whether in-ground or above-ground [1]. Smaller pools, and hot tubs and spas, fall below that definition. Ask Code staff how they're treated.
Setbacks
In residential districts, swimming pools are accessory buildings [2]. An accessory building must be at least 5 feet from the house [4]. Accessory buildings larger than 120 square feet need side and rear setbacks of half what your district requires for the house, never less than 5 feet, and can't go in the front yard setback [3]. A pool of 250+ sq ft is over 120 sq ft, so that rule likely applies, but the code doesn't say how a pool's size or setback is measured (water edge or deck), so confirm with Code staff. The district setbacks it refers to are in Article IV of the zoning ordinance, which we couldn't download from Municode. Ask Code staff for your district's numbers.
Permit
A building permit is required for both above-ground and in-ground pools. The fee is $50 and includes the electrical inspection [5].
Fences and barriers
We found no local pool-fence ordinance in the documents we reviewed. Auburn enforces the Maine Uniform Building and Energy Code, using the 2021 code editions for applications filed on or after April 7, 2025 [6]. Barrier requirements come through that state code as your code officer applies it. Ask about fence height, gates and alarms when you apply.
Near the water
Near Lake Auburn, new structures must be 100 feet from the normal high-water mark. State shoreland setbacks apply near other waters.
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Next steps
- Ask the Planning, Permitting & Code Department (Auburn Hall, 60 Court Street, 207-333-6601) for your district's side and rear setbacks and the barrier (fence/gate) requirements they enforce.
- Prepare a site plan showing the pool, fencing and distances to lot lines and the house.
- Apply for the pool building permit ($50, includes electrical inspection) through the city's SmartGov portal, and schedule inspections.
Common questions
- Do I need a permit for a pool in Auburn, Maine?
- Yes. Auburn requires a $50 building permit for both above-ground and in-ground pools, and the fee includes the electrical inspection. Apply through the city's SmartGov portal.
- How far does a pool have to be from the property line in Auburn, Maine?
- Likely half your district's side and rear setbacks for the house, never less than 5 feet, and out of the front yard setback, because pools of 250 sq ft or more count as accessory buildings. The district setbacks are in a part of the code we couldn't review, so confirm with Code staff.
- Does Auburn, Maine require a fence around a pool?
- We found no local pool-fence ordinance. Auburn enforces the Maine Uniform Building and Energy Code, and barrier requirements come through that state code as your code officer applies it, so ask about fence height, gates and alarms when you apply.
- Do I need a permit for a hot tub in Auburn, Maine?
- It's unclear. Auburn's pool definition covers pools with at least 250 square feet of surface designed to hold water at least 24 inches deep, so smaller pools, hot tubs and spas fall below it. Ask Code staff how they're treated.
Maine state rules for pools
Building code (MUBEC): Maine's statewide building code adopts the 2021 International Residential Code, effective April 7, 2025. It must be enforced in towns with more than 4,000 residents. Smaller towns may choose to enforce it. Where it's enforced, your code officer applies the code's pool and spa provisions, including barrier (fence and gate) requirements, along with any town permit rules.
- Maine did not adopt the IRC appendix that covers pools (Appendix AG).
- State law lets a town adopt the pool-fencing standards in Appendix G of the 2009 IRC, without changes, even though it's outside the statewide code (10 M.R.S. §9724).
- So pool barrier rules depend heavily on your town: whether it enforces MUBEC, and whether it adopted the 2009 Appendix G fencing standards. Ask your code enforcement officer before you build.
Shoreland zone: A pool is a structure. Within 250 ft of a great pond, river, tidal water or wetland (75 ft of a stream), it must meet the shoreland setbacks, generally 100 ft from GPA great ponds and 75 ft from other waters. It also counts toward the 20% limit on non-vegetated lot coverage.
Hot tubs and spas follow the same code path as pools.
What the ordinance says
- Sec. 60-2 Definitions, "Swimming pool" (Supp. No. 34), PROPOSAL (not adopted): Planning Board workshop packet 2026-08-11 - draft Chapter 60 amendments for LD 1829/LD 2173 (Sec. 60-2 definitions and Article II General Provisions, redline on Supp. No. 34 text), p. 18
Swimming pool means any manmade receptacle or excavation housing a surface area of 250 square feet, or more, designed to hold water to a depth of at least 24 inches, primarily for swimming or bathing whether in the ground or above the ground.
- Sec. 60-2 Definitions, "Accessory structure or building" (Supp. No. 34), PROPOSAL (not adopted): Planning Board workshop packet 2026-08-11 - draft Chapter 60 amendments for LD 1829/LD 2173 (Sec. 60-2 definitions and Article II General Provisions, redline on Supp. No. 34 text), p. 2
The term "accessory buildings," in residential districts, includes tool sheds, woodsheds, detached garages and swimming pools.
- Sec. 60-43(b) Residential accessory buildings, uses, and structures (Supp. No. 34), PROPOSAL (not adopted): Planning Board workshop packet 2026-08-11 - draft Chapter 60 amendments for LD 1829/LD 2173 (Sec. 60-2 definitions and Article II General Provisions, redline on Supp. No. 34 text), p. 23
(b) Accessory buildings greater than 120 square feet shall have rear and side yard setbacks that are 50 percent of the requirement for principal buildings, except that in no case shall the setbacks be reduced to less than five feet.
- Sec. 60-2 Definitions, "Accessory structure or building" (Supp. No. 34), PROPOSAL (not adopted): Planning Board workshop packet 2026-08-11 - draft Chapter 60 amendments for LD 1829/LD 2173 (Sec. 60-2 definitions and Article II General Provisions, redline on Supp. No. 34 text), p. 2
Accessory structure or building means a building, at least five feet in distance from the principal building, used for a purpose which is customarily subordinate and incidental to that of the principal building or to the principal use of the land and which is located on the same lot as the principal building use.
- Appendix A, Building permit - swimming pools, Appendix A - Fees and Charges, Master Fee Schedule (as passed 2026-07-20), p. 1
Building permit – swimming pools *Includes electrical inspection Above ground and in-ground pools $50.00
- Planning, Permitting & Code page, Building, Plumbing & Code Services, Planning, Permitting & Code Department page (staff, codes in force, hours)
As of April 7th, 2025, Auburn will be following the 2021 Versions of the above referenced codes. Permit applications submitted on or After April 7th, 2025, must be held to the 2021 building code standards.