Fence height rules in Bar Harbor, Maine
Yes, with a permit from the Code Enforcement Officer. In residential and other non-business districts, fences can be up to 7 feet tall (8 feet in business and industrial districts), and they must be set back 18 inches from the property line unless your neighbor agrees to a fence on the line.
| Permit | Written permit from the Code Enforcement Officer [1] |
| Max height (most districts) | 7 feet [3] |
| Max height (business/industrial) | 8 feet [3] |
| Fences around pools, tennis courts, ball fields | Up to 14 feet in all districts [3] |
| Setback from property line | 18 inches (on the line only with abutter consent) [2] |
| Finished side | Faces abutting properties or rights-of-way [4] |
Permit
Bar Harbor's Planning & Code Enforcement handout says you need a written permit from the Code Enforcement Officer to add or alter a fence (§ 125-77 C(7)) [1]. A fence includes its posts, supports and any ornamentation or finials.
Height
Fences can be no more than 7 feet tall in residential and other non-business districts and 8 feet in business and industrial districts [3]. Fences around structures that need taller enclosures, such as swimming pools, tennis courts and baseball fields, can be up to 14 feet in any district. With written consent from the abutting owners, a fence can go above 7 feet but must stay under 14 feet in non-business districts, or above 8 feet but under 12 feet in business and industrial districts.
Location
Fences must be set back 18 inches from the property line so both sides can be maintained from the owner's land and driveway sight distances are protected [2]. You can put a fence right on the line if the abutting owners consent to the location and agree to give access for maintenance, as long as driveway and sight-distance standards are met. The handout also says fences must comply with "the setback distances" without stating them, so ask whether your district's setbacks affect your fence.
Finished side
The finished side must face the abutting property or the street [4].
About this source
This is a town handout summarizing the Land Use Ordinance (Chapter 125), not the ordinance itself, and it isn't dated. We couldn't review Chapter 125 to confirm the handout is current.
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Next steps
- Apply for a fence permit with the Bar Harbor Planning & Code Enforcement office (207-288-3329).
- Plan the fence at least 18 inches inside your property line, or get your neighbor's written consent and maintenance-access agreement for a fence on the line.
- If you want a fence taller than 7 feet, get written consent from the abutting owners.
- Ask staff to confirm the handout matches the current Chapter 125 and any setbacks for your district.
Common questions
- Do I need a permit for a fence in Bar Harbor, Maine?
- Yes. A town handout says you need a written permit from the Code Enforcement Officer to add or alter a fence. The handout summarizes the Land Use Ordinance and isn't dated, so confirm it's current.
- How tall can a fence be in Bar Harbor, Maine?
- Up to 7 feet in residential and other non-business districts, and 8 feet in business and industrial districts. Fences around pools, tennis courts and ball fields can be up to 14 feet in any district.
- How close to the property line can I build a fence in Bar Harbor, Maine?
- Fences must be set back 18 inches from the property line. You can put one on the line only if the abutting owners consent and agree to give access for maintenance.
- Which way does the finished side of a fence face in Bar Harbor, Maine?
- The finished side must face the abutting property or the street.
Maine state fence laws
Maine has no statewide fence height or setback limit. Those come from your town's zoning. A few state laws still apply:
Spite fences (17 M.R.S. §2801): A fence, or anything that works like one, that is unnecessarily taller than 6 feet and is maliciously kept up to annoy the neighbors is a private nuisance. The neighbor can take legal action over it.
Boundary fences and fence viewers (30-A M.R.S. §2951 and following):
- A "legal fence" is one 4 feet high and in good repair, made of rails, timber, stone, iron or wire, or the equivalent as judged by fence viewers.
- When both neighbors' land is enclosed and in use, they share upkeep of the dividing fence equally.
- If one side won't repair their share, the other can call in the town's fence viewers. The viewers can order repairs within up to 30 days. If the repairs still aren't made, the neighbor can do the work and recover double the cost.
- These rules mostly matter for farm and pasture fencing.
Shoreland zone: The DEP's model shoreland ordinance doesn't count fences as "structures," so the water setbacks for buildings don't apply to them. Limits on clearing vegetation near the water still do.
Pools: Pool barrier requirements are covered on the Pools page.
What the ordinance says
- Fence Requirements handout, citing § 125-77 C (7), Fence Requirements (Planning & Code Enforcement handout), p. 1
A written permit from the Code Enforcement Officer is required for the alteration or addition of a fence (§ 125-77 C (7)).
- Fence Requirements handout, citing § 125-67 B (6) (a), Fence Requirements (Planning & Code Enforcement handout), p. 1
Fences shall be set back 18 inches from the property line to allow both sides to be maintained from the land belonging to the owner of the fence and sufficient to allow compliance with driveway and sight distance standards (§ 125-67 B (6) (a)).
- Fence Requirements handout, citing § 125-69 O, Fence Requirements (Planning & Code Enforcement handout), p. 1
Fences shall be no more than eight feet in height in business and industrial districts and of not more than seven feet in all other districts. Structures which may require taller fences surrounding them, such as, but not limited to, swimming pools, tennis courts, baseball fields, and other similar structures shall have fences of not more than 14 feet in height in all districts.
- Fence Requirements handout, citing § 125-69 O, Fence Requirements (Planning & Code Enforcement handout), p. 1
Fences shall be erected with the finished side facing abutting properties or rights- of-way (§ 125-69 O).