Fence height rules in Brunswick, Maine
Yes. In Brunswick a fence can go anywhere in your side and rear setbacks, but in the front setback it may be no taller than 4 feet without written approval from the Code Enforcement Officer. On a residential lot in a Growth Area district, no fence may exceed 6 feet in height without that written approval. The zoning code doesn't list fences as needing a building permit (fences aren't "structures" under its definition), but confirm with Codes Enforcement.
| Max height in front setback | 4 feet (more only with written CEO approval) [1] |
| Max height, residential lot in Growth Area districts | 6 feet (more only with written CEO approval) [2] |
| Location in side/rear setbacks | Allowed anywhere in a required setback [1] |
| Administrative adjustment to fence height | Up to 1 ft [4] |
| Is a fence a 'structure'? | No, fences are customary lawn accessories [3] |
Height and placement
Brunswick's zoning ordinance lists a fence or wall as an allowed encroachment "anywhere in a required setback," so you can build on or near the side and rear lot lines. In the front setback, though, a fence can't exceed 4 feet unless the Code Enforcement Officer gives written approval [1]. Separately, on a residential lot in any Growth Area zoning district, no fence may be taller than 6 feet without written CEO approval [2].
We found no general fence height cap for lots in Rural Area districts other than the 4-foot front-setback limit. On corner lots, any side or rear yard next to a street is treated as a front setback, so the 4-foot limit would apply there too.
Permits
The definition of "structure" excludes customary lawn accessories such as fences [3]. Building Permits are required for structures subject to the state building code, so an ordinary residential fence generally doesn't need one, but a taller fence needs the CEO's written approval. The Planning Board or Staff Review Committee may grant an administrative adjustment of up to 1 foot to the maximum fence or wall height [4].
Special areas
In mapped Wildlife Corridors of the Wildlife Protection Overlay, new fences are restricted except for lawn-accessory fences, fences around existing cleared areas, agricultural fences, and low wildlife-passable fences [5]. Pool barrier fences follow building-code rules.
What we didn't find
The ordinance doesn't specify which side of the fence must face the neighbor, required materials, or a separate corner sight-triangle rule for fences; driveway sight distance is handled under Chapter 14 (Streets), which we did not review.
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Next steps
- Measure where your front setback line is (on a corner lot, both street sides count as front).
- Keep fences in the front setback at 4 feet or lower, and fences on a Growth Area residential lot at 6 feet or lower.
- If you want something taller, request written approval from Codes Enforcement in Planning & Development (207-725-6660) before you build.
- If your property is in a mapped Wildlife Corridor or Shoreland Protection Overlay, check those rules with the CEO first.
Common questions
- How tall can a fence be in Brunswick, Maine?
- In the front setback, no taller than 4 feet without written approval from the Code Enforcement Officer. On a residential lot in a Growth Area district, no fence may exceed 6 feet without that written approval.
- Do I need a permit to build a fence in Brunswick, Maine?
- An ordinary residential fence generally doesn't, because fences aren't "structures" under the zoning definition. A taller fence needs the Code Enforcement Officer's written approval, so confirm with Codes Enforcement.
- How close to the property line can I build a fence in Brunswick, Maine?
- A fence is an allowed encroachment anywhere in a required setback, so you can build on or near the side and rear lot lines. On corner lots, a side or rear yard next to a street is treated as a front setback.
- Can I get an exception to the fence height limit in Brunswick, Maine?
- The Planning Board or Staff Review Committee may grant an administrative adjustment of up to 1 foot to the maximum fence or wall height.
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
- Sec. 4.2.5.B(4)c, Table 4.2.5.B(4)c (Fence or wall), Zoning Ordinance (Appendix A, Municipal Code)
Fence or wall Anywhere in a required setback except for the front setback where the fence shall not exceed four (4) feet in height unless written approval has been granted by the Code Enforcement Officer.
- Sec. 4.2.5.B(6) Height Limit for Fences and Walls, Zoning Ordinance (Appendix A, Municipal Code)
No fence on a residential lot in a Growth Area zoning district shall exceed six (6) feet in height unless written approval is provided by the Code Enforcement Officer in accordance with Table 4.2.5.B(4)c.
- Sec. 1.7.2 Definitions, Structure, Zoning Ordinance (Appendix A, Municipal Code)
This definition does not apply to customary lawn accessories such as fences, mailboxes, benches, and other such items as determined by the Code Enforcement Officer.
- Sec. 4.17.1, Table 4.17.1.B Allowable Administrative Adjustments, Zoning Ordinance (Appendix A, Municipal Code)
Fence or wall height, maximum 1 ft.
- Sec. 2.3.5.C(1)a.vi, Wildlife Protection Overlay (WPO) District, Zoning Ordinance (Appendix A, Municipal Code)
Installation of a fence within the Wildlife Corridors except: (A) Fences used as lawn accessories; or (B) Fences that enclose existing cleared areas; or