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Fence height rules in Bath, Maine

Bath, Sagadahoc County · Ordinances checked 2026-10-19 · Reviewed · 9 cited sections

Allowed

Yes. Under Bath's new Land Use Code, fences can go in any setback or on the lot line, but in a front yard (or the street side of a corner lot) a solid fence can be no taller than 4 feet, while an open fence has no height limit; the code sets no height limit for side and rear yards. The new code doesn't mention a fence permit; the Codes Office's 2019 handout says only fences over 7 feet need one, so confirm with the office.

Solid fence, front yard or corner side yard4 ft max [2]
Open fence, front yard or corner side yardNo height limit [2]
What counts as an open fenceMore than 70% of the surface is evenly spaced openings [3]
LocationAny setback or along a lot line, with room left for maintenance [1]
Corner sight triangleNothing blocking views 3 to 10 ft above the street within 20 ft of the intersection [5]
Permit threshold (2019 Codes handout; not in the new code)Fences over 7 ft [6]
Maintenance gap from lot line (handout guidance)Usually 1.5 to 2 ft [7]
Retaining wallsOver 4 ft must be designed by a registered professional engineer [9]

Height and placement

Bath's new Land Use Code (in effect since September 23, 2026) lets you put a fence or wall in any setback or along a lot line, as long as there's room to maintain it [1]. In the residential and commercial districts, fences in the front yard, or in a corner side yard between the front building line and the front lot line, follow two rules: open fences have no height limit, and solid fences are capped at 4 feet [2]. An open fence has more than 70% of its surface in evenly spaced openings. A shadowbox fence counts as solid, but a chain link fence with slats does not [3]. The code sets no fence height limit for side and rear yards. Fences aren't "structures" under the code's definition [4], so the accessory-structure setbacks don't apply to them.

Corners and driveways

Every fence must meet the corner clearance rules [2]. On a corner lot, nothing may block vision between 3 and 10 feet above the street within the triangle formed by the pavement edges and a line joining points 20 feet from the intersection [5]. A smaller 5-foot triangle applies where a driveway meets a street. The Codes Office's fence handout adds a driveway sight-distance rule: 10 feet of sight distance for every mile per hour of posted speed, assuming 25 mph if unposted [8].

Permits and practical rules

The new Land Use Code doesn't say whether a fence needs a permit, and its building-permit rule covers buildings and structures, which by definition exclude fences [4]. The only permit rule we found is in the Codes Office's April 2019 fence handout, written under the old code: fences over 7 feet high need a permit, using the building permit form with a site plan [6]. Confirm with the Codes Office that this still applies. It recommends setting fences back far enough to maintain them without going onto the neighbor's land, usually 1.5 to 2 feet [7]. The land near the street or sidewalk is often City right-of-way, and a fence there needs Public Works approval. If you're within 15 feet of a fire hydrant, review the plan with the Fire Department. Retaining walls taller than 4 feet must be designed by a registered professional engineer [9].

Outdated handout parts

The handout dates from April 2019 and cites the old code's section 11.11. Its corner rule (3 feet max within 20 feet) and retaining-wall rule (over 5 feet) are replaced by the new code's §9.1.D and §9.7.D.

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Next steps

  1. Find your front lot line (often set back from the sidewalk or street) and decide whether your fence will be open or solid.
  2. In the front yard or the street side of a corner lot, keep solid fences to 4 feet; open fences can be taller.
  3. On a corner lot or near a driveway, keep the sight triangle clear between 3 and 10 feet high.
  4. If the fence will be over 7 feet, apply for a building permit at the Codes Enforcement Office (55 Front Street, 207-443-8334) with a site plan showing the fence location.

Common questions

Do I need a permit for a fence in Bath, Maine?
Probably not for most fences, but confirm with the Codes Office. Bath's new Land Use Code doesn't mention fence permits; the office's 2019 handout, written under the old code, says fences over 7 feet high need a permit, using the building permit form with a site plan.
How tall can a fence be in Bath, Maine?
In a front yard, or the street side of a corner lot, a solid fence can be no taller than 4 feet, while an open fence has no height limit. The code sets no height limit for side and rear yards.
How close to the property line can I put a fence in Bath, Maine?
Fences can go in any setback or right on the lot line, as long as there's room to maintain them; the Codes Office's handout suggests usually 1.5 to 2 feet. Land near the street is often City right-of-way, and a fence there needs Public Works approval.
What are the corner lot fence rules in Bath, Maine?
On a corner lot, nothing may block vision between 3 and 10 feet above the street within the triangle formed by the pavement edges and a line joining points 20 feet from the intersection.

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.

State sources: 17 M.R.S. §2801 (Spite fences) · 30-A M.R.S. §2951 (Legal fences) · 30-A M.R.S. §2952 (Maintenance of partition fences) · 30-A M.R.S. §2953 (Fence viewers) · DEP Chapter 1000 (definition of 'structure' excludes fences)

What the ordinance says

Exact text from Bath's published ordinances. Section numbers are as printed in the source.

  1. LUC §9.7.A Fences and Walls, City of Bath Land Use Code (new code adopted by City Council 2026-09-02, effective 2026-09-23), p. 124
    Fences and walls are allowed in any setback or along a lot line, given adequate space is available to allow for maintenance.
  2. LUC §9.7.B-C Fences and Walls, City of Bath Land Use Code (new code adopted by City Council 2026-09-02, effective 2026-09-23), p. 124
    1. Open fences are not subject to a height limitation. 2. Solid fences are limited to a maximum height of four feet. C. All fences and walls in any zoning district must meet the corner clearance requirements of § 9.1.D above.
  3. LUC §2.3 General Definitions, Fence, City of Bath Land Use Code (new code adopted by City Council 2026-09-02, effective 2026-09-23), p. 18
    Fence - Open. A fence that has, over its entirety, more than 70% of the superficial surface consisting of regularly distributed openings.
  4. LUC §2.3 General Definitions, Structure, City of Bath Land Use Code (new code adopted by City Council 2026-09-02, effective 2026-09-23), p. 22
    Structure. Anything constructed or erected with a fixed location on or in the ground, exclusive of fences, and poles, wiring and other aerial equipment normally associated with service drops as well as guying and guy anchors.
  5. LUC §9.1.D.1 Corner Clearances, City of Bath Land Use Code (new code adopted by City Council 2026-09-02, effective 2026-09-23), p. 115
    On a corner lot, no building, structure, fence, sign, hedge, or shrubbery may be erected, constructed, installed, maintained, or grown in such a manner that impedes vision between a height of three feet and ten feet above the street surface in the area bounded by the intersecting edges of pavement, or curbs where present, and a line joining them at points that lie 20 feet from the point of intersection, measured at the edge of pavement.
  6. CEO handout, Fences (April 25, 2019), item 1, CEO handout - Fences (2019-04-25), p. 1
    Fences over 7’ high require a permit. The application form is the building permit form, available on the Codes page of the City’s website. Provide a site plan with the application showing where the fence will go.
  7. CEO handout, Fences (April 25, 2019), item 2, CEO handout - Fences (2019-04-25), p. 1
    Where feasible fences and walls must be set back an adequate distance from a property line to allow for maintenance without going on the abutting property. This is usually 1.5’ -2’ minimum.
  8. CEO handout, Fences (April 25, 2019), item 5, CEO handout - Fences (2019-04-25), p. 1
    Where a driveway meets a street it must be so as to provide 10 feet of sight distance for every mile per hour (mph) of posted speed. If the street is not posted, the posted maximum speed is assumed to be 25 mph.
  9. LUC §9.7.D Fences and Walls, City of Bath Land Use Code (new code adopted by City Council 2026-09-02, effective 2026-09-23), p. 125
    Any retaining wall taller than four feet in height must be designed by a registered professional engineer in accordance with the requirements of the Maine Uniform Building and Energy Code, as amended.
This page summarizes Bath's posted ordinances as of 2026-10-19. Ordinances are amended, and individual lots can have overlays, subdivision covenants, or HOA rules that are stricter. Confirm with Codes Enforcement Office (City Hall, 55 Front Street; Mon-Thu 7:30 AM-5:00 PM). Planning & Development: 207-443-8363 (207-443-8334) before you build. Spot an error?