Swimming pool rules in Bath, Maine
Yes. A pool with water deeper than 24 inches needs a building permit from the Codes Enforcement Office, and under the new Land Use Code it must be in the back yard or an interior side yard, at least 10 feet from every lot line. The Codes Office's 2021 pool handout also calls for a barrier at least 48 inches high with self-closing, self-latching gates.
| Building permit needed | Pools with water deeper than 24 in. [3] |
| Allowed location | Rear or interior side yard only [1] |
| Setback from lot lines | 10 ft [1] |
| Distance from septic (in-ground pool) | 20 ft from leach field, 8 ft from septic tank [3] |
| Distance from septic (above-ground pool, decks) | 15 ft from leach field, 8 ft from septic tank [3] |
| Barrier height | At least 48 in. [5] |
| Overhead power lines | Not under or within 10 ft of lines less than 22.5 ft above the pool [4] |
Permit and placement
The Codes Enforcement Office's pool handout (April 2021) says pools with water deeper than 24 inches need a building permit and must meet zoning setbacks [3]. Electrical and plumbing permits may also be needed. Under Bath's new Land Use Code, in effect since September 23, 2026, swimming pools are allowed only in the rear or interior side yard and must be set back 10 feet from any lot line [1]. They must also meet the City's other ordinances and state codes [1].
Septic, power lines and wiring
In-ground pool walls must be at least 20 feet from a septic leach field and 8 feet from a septic tank. Above-ground pools and pool decks or aprons need 15 feet from a leach field and 8 feet from a tank [3]. A pool can't be under or within 10 feet of overhead power lines that are less than 22.5 feet above the water, or over or within 5 feet of buried lines [4]. Every outlet within 20 feet of the pool must be GFCI-protected, and the pump outlet must be at least 6 feet from the pool. The pool needs at least one way out while in use and must drain without flooding neighbors or the street.
Barrier (fence) rules
The 2021 handout attaches a model code's pool barrier section (Section 305), which applies to pools with 24 inches or more of water. Maine's statewide building code doesn't clearly adopt these barrier rules, so confirm with the Codes Office which barrier rules it enforces now. The barrier must be at least 48 inches high, measured on the outside [5]. Openings can't let a 4-inch sphere through. Pedestrian gates must open outward away from the pool, close by themselves and latch by themselves [6]. Spas and hot tubs with a lockable safety cover meeting ASTM F 1346, and pools with a powered safety cover, are exceptions to the barrier rule.
Hot tubs
The barrier section covers spas and hot tubs too. The Land Use Code's pool placement rule names only swimming pools, so ask the Codes Office whether the 10-foot setback applies to a hot tub.
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Next steps
- Pick a spot in the back yard or an interior side yard, at least 10 feet from every lot line and clear of septic systems and power lines.
- Apply for a building permit at the Codes Enforcement Office (55 Front Street, 207-443-8334) with a site plan; add electrical and plumbing permits as needed.
- Plan the barrier: at least 48 inches high, no openings a 4-inch ball can pass through, and self-closing, self-latching gates that open outward.
- Schedule inspections before filling and using the pool.
Common questions
- Do I need a permit for a pool in Bath, Maine?
- Yes, if the water is deeper than 24 inches: you need a building permit from the Codes Enforcement Office. Electrical and plumbing permits may also be needed.
- How far from the property line does a pool have to be in Bath, Maine?
- At least 10 feet from every lot line, and only in the rear or an interior side yard. In-ground pool walls must also be at least 20 feet from a septic leach field and 8 feet from a septic tank.
- Do I need a fence around my pool in Bath, Maine?
- Likely yes. The Codes Office's 2021 pool handout calls for a barrier at least 48 inches high with self-closing, self-latching gates that open outward. Maine's statewide code doesn't clearly adopt these rules, so confirm with the Codes Office which barrier rules it enforces.
- Do hot tubs follow the pool rules in Bath, Maine?
- Partly. The handout's barrier section covers spas and hot tubs, with an exception for those with a lockable safety cover. The Land Use Code's pool placement rule names only swimming pools, so ask the Codes Office whether the 10-foot setback applies to a hot tub.
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
- LUC §10.2.K Swimming Pools, City of Bath Land Use Code (new code adopted by City Council 2026-09-02, effective 2026-09-23), p. 135
1. Swimming pools are permitted in the rear or interior side yard only. 2. Swimming pools must be set back ten feet from any lot line. 3. Swimming pools must meet all other applicable standards contained in the City of Bath Code of Ordinances, and all applicable state laws and codes.
- LUC §15.10.A Building Permit, City of Bath Land Use Code (new code adopted by City Council 2026-09-02, effective 2026-09-23), p. 189
A building, structure, or part thereof may not be constructed, structurally altered, enlarged, moved, or demolished until a building permit for any of these actions has been issued by the CEO.
- CEO handout, Private Swimming Pools (4-12-21), Location and permitting, CEO handout - Private Swimming Pools (2021-04-12), p. 1
Pools with water deeper than 24” require a building permit, and must meet setbacks required by the zoning ordinance. The walls of an in-ground pool must be at least 20’ from septic system leach fields and 8’ from septic tanks. Aboveground pools and ancillary pool structures such as aprons, decks, etc. must be at least 15’ from septic system leach fields, and 8’ from septic tanks.
- CEO handout, Private Swimming Pools (4-12-21), Electrical, CEO handout - Private Swimming Pools (2021-04-12), p. 1
Pools cannot be located beneath or within 10’ of overhead power lines that are less than 22.5’ above the pool surface. Pools cannot be located over or within 5’ of buried power lines, other than wiring to serve required pool related electrical equipment.
- Pool Barrier Requirements, Sec. 305.2.1, CEO handout - Private Swimming Pools (2021-04-12), p. 2
The top of the barrier shall be not less than 48 inches (1219 mm) above grade where measured on the side of the barrier that faces away from the pool or spa.
- Pool Barrier Requirements, Sec. 305.3 Gates, CEO handout - Private Swimming Pools (2021-04-12), p. 3
Pedestrian access gates shall open outward away from the pool or spa, shall be self-closing and shall have a self-latching device.