Swimming pool rules in Brunswick, Maine
Yes. In Brunswick a pool is treated like other accessory structures: in Growth Residential districts it must be at least 10 feet from the rear and side lot lines (5 feet in other districts), and never closer to the street than the house's front setback. Pools subject to the state building code need a Building Permit; the ordinances we reviewed don't include pool-fence rules, so ask Codes Enforcement whether barrier requirements apply.
| Setback, Growth Residential districts | 10 ft from rear and side lot lines (3 ft from a side line for one-story structures on lots under 80 ft wide) [3] |
| Setback, other districts | 5 ft from rear and side lot lines [3] |
| In rear setback (non-GR districts) | Max 15 ft tall, max 10% of the rear setback area [2] |
| Front yard | Not closer to the street than the principal building's front setback [4] |
| Pools over 600 sq ft (Growth Areas) | Must be farther back on the lot than the house [5] |
| Permit | Building Permit from the Code Enforcement Officer for structures subject to MUBEC [1] |
| Shoreland setback | 125 ft from rivers and coastal/freshwater wetlands; 75 ft from streams [6] |
Setbacks and placement
Brunswick's zoning ordinance names swimming pools alongside garages and sheds in its accessory-structure rules. Outside Growth Residential districts, a pool may sit in the rear setback if it's no more than 15 feet tall and covers no more than 10% of the rear setback area [2]. In Growth Residential districts, pools must be at least 10 feet from rear and side lot lines (3 feet from a side line for one-story structures on lots under 80 feet wide); in all other districts the minimum is 5 feet [3]. A pool can't be closer to the street than the minimum front setback for the house [4]. A pool with a footprint over 600 sq ft must be farther back than the house in Growth Area districts, and in Rural districts, if it's in front of the house, it must be set back at least twice the minimum front setback [5].
Permits
Any structure subject to the Maine Uniform Building and Energy Code needs a Building Permit from the Code Enforcement Officer before it is built [1]. In-ground pools and most permanent above-ground pools are likely to fall under that, but the ordinance doesn't distinguish pool types; ask Codes.
Fences and barriers
The local ordinances we reviewed don't include pool barrier or gate requirements, and we found no hot tub rules. Brunswick's building code chapter (Chapter 5) wasn't in our sources. Maine's statewide building code didn't adopt the IRC pool appendix, and towns may separately adopt the 2009 IRC Appendix G pool-fencing standards, so ask Codes Enforcement whether barrier rules apply before you build.
Waterfront lots
In the Shoreland Protection Overlay, new accessory structures, which include pools, must be set back 125 feet from rivers and coastal or freshwater wetlands and 75 feet from streams [6] (250 feet from mapped high-value waterfowl and wading bird habitat wetlands), need a Shoreland Protection Permit, and count toward the 20% non-vegetated surface limit.
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Next steps
- Confirm your zoning district and whether your lot is in the Shoreland Protection Overlay.
- Lay out the pool at least 10 ft from side and rear lines in GR districts (5 ft elsewhere) and behind the front setback.
- Apply to the Code Enforcement Officer (Planning & Development, 207-725-6660) for a Building Permit with a scaled plot plan.
- Ask Codes which barrier (fence, gate and alarm) requirements apply to your pool or hot tub before you buy fencing.
Common questions
- Do I need a permit for a swimming pool in Brunswick, Maine?
- Pools subject to the state building code need a Building Permit from the Code Enforcement Officer. The ordinance doesn't distinguish pool types, so ask Codes Enforcement.
- How far from the property line must a pool be in Brunswick, Maine?
- In Growth Residential districts, at least 10 feet from the rear and side lot lines. In other districts it's 5 feet. A pool can never be closer to the street than the house's front setback.
- Does Brunswick, Maine require a fence around a pool?
- The ordinances we reviewed don't include pool-fence or gate rules, and we found no hot tub rules. Ask Codes Enforcement whether barrier requirements apply before you build.
- Can I build a pool near the water in Brunswick, Maine?
- In the Shoreland Protection Overlay, new accessory structures including pools must be set back 125 feet from rivers and coastal or freshwater wetlands and 75 feet from streams. They need a Shoreland Protection Permit.
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. 5.2.1.A(1), Zoning Ordinance (Appendix A, Municipal Code)
No building or other structure subject to the Maine Uniform Building and Energy Code adopted by the Town shall be erected, moved, added to or structurally altered without first obtaining a Building Permit.
- Sec. 4.2.5.B(4)e.i, Zoning Ordinance (Appendix A, Municipal Code)
With the exception of Growth Residential Zoning Districts, swimming pools, tennis courts, garages, storage sheds, and other structures accessory to a residential use may be located in a rear setback provided the structure does not exceed 15 feet in height and does not occupy more than ten (10) percent of the area of the rear setback, including the areas where the rear and side setback overlap.
- Sec. 4.2.5.B(4)e.ii, Zoning Ordinance (Appendix A, Municipal Code)
In Growth Residential Zoning Districts, swimming pools, tennis courts, garages, storage sheds, and other accessory structures may be located no less than ten (10) feet to rear or side lot lines. For lots with a lot width of less than 80 feet, structures not exceeding one (1) story in height may be located no less than three (3) feet to side lot lines. In all other districts, swimming pools, tennis courts, garages, storage sheds, and other accessory structures may be located no less than five (5) feet to rear or side lot lines.
- Sec. 4.2.5.B(4)e.iii, Zoning Ordinance (Appendix A, Municipal Code)
No swimming pool, tennis court, garage, storage shed, or other accessory structure shall be located closer to the street than the minimum front setback required for a principal building, excepting fences, gates, mailboxes, newspaper receptacles, signs, bus stop shelters, sand storage bins, and similar roadside structures with a footprint less than 100 square feet, as well as ornamental structures such as entry pillars and statues shall be permitted.
- Sec. 4.2.5.B(4)e.iv, Zoning Ordinance (Appendix A, Municipal Code)
Any swimming pool, tennis court, garage, storage shed, or other accessory structure with a footprint greater than 600 square feet shall be located further to the rear of the lot than the principal structure in all Growth Area zoning districts. In Rural Area zoning districts, if any swimming pool, tennis court, garage, storage shed, or other accessory structure with a footprint greater than 600 square feet is located in front of the principal building, it shall be set back from the street at least twice the minimum front setback requirement.
- Sec. 2.3.3.C(1)a, Zoning Ordinance (Appendix A, Municipal Code)
All new principal and accessory structures shall be set back a minimum horizontal distance of at least: i. 75 feet from the edge of a stream or tributary stream; ii. 125 feet from the normal high-water line of a river; iii. 125 feet from the upland edge of a coastal or freshwater wetland; and