Fence height rules in Cape Elizabeth, Maine
Yes. In Cape Elizabeth's Residence A, B and C districts, a fence within 5 feet of a property line can be up to 8 feet tall, in front, side or rear yards alike. On a corner lot, nothing over 3.5 feet tall may stand within the 20-foot triangle at the street intersection. The zoning ordinance excludes fences from "structures," and we found no fence permit requirement, so confirm with the town before building.
| Max height within 5 ft of a lot line (Residence A, B, C) | 8 feet [1] |
| Posts, gates and arbors | May exceed the limit by up to 12 inches [3] |
| Corner-lot clearance | Nothing over 3.5 ft within a triangle 20 ft along each street line [2] |
| What counts as a regulated fence | A barrier over 12 inches tall along and within 5 ft of a lot line; hedges and retaining walls excluded [4] |
| Fences in the lot interior | Not regulated (except the part within 5 ft of a lot line) [5] |
| Building Permit | No fence permit rule found; fences are excluded from "structure" [6] |
Height
Sec. 19-7-12 sets one height limit for residential neighborhoods: a fence within 5 feet of a property line in or next to the Residence A, B or C districts may not exceed 8 feet [1]. The ordinance doesn't set a separate, lower limit for front yards. Height is measured from natural grade (or the top of a retaining wall) to the top of the fence panel; posts, columns, gates and arbors may rise up to 12 inches above the limit, and curved tops are averaged [3]. Existing fences that don't meet the rule are nonconforming, and a replacement fence must comply.
What counts as a fence
The ordinance only regulates a permanent barrier more than 12 inches tall that runs along and within 5 feet of a lot line and helps define the lot boundary. Hedges and retaining walls aren't fences [4]. Fences inside the lot, such as around a dog run, play area or pool, aren't regulated except for any part within 5 feet of a lot line [5]. Fences are also excluded from the definition of "structure" [6], so the setbacks for buildings don't apply to them.
Corner lots
On a corner lot in any district, no fence, wall, hedge or planting taller than 3.5 feet may stand within the triangle formed by the two street lines and a line joining points 20 feet from the intersection [2].
Permits and other rules
The Building Permit requirement in the zoning ordinance applies to buildings and structures, and fences are excluded from "structure," so we found no zoning permit requirement for an ordinary fence; this conclusion rests on that silence, not on an explicit exemption. In the Resource Protection districts, installing fences in existing lawns is permitted, but other fences need a Resource Protection Permit in the RP1 and RP3 districts. Pool barriers follow building-code rules. The ordinance doesn't say which side must face the neighbor or limit materials.
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Next steps
- Locate your property lines; a fence along or within 5 ft of a line is limited to 8 ft (posts and gates up to 12 inches more).
- On a corner lot, keep anything in the 20-foot corner triangle at 3.5 ft or lower.
- Contact the Code Enforcement Office (contact details at capeelizabeth.gov) to confirm no permit is needed for your fence, especially for pool barriers, shoreland or Resource Protection lots.
Common questions
- How tall can a fence be in Cape Elizabeth, Maine?
- In the Residence A, B and C districts, a fence within 5 feet of a property line may not exceed 8 feet. Posts, columns, gates and arbors may rise up to 12 inches above the limit. There's no separate lower limit for front yards.
- Do I need a permit for a fence in Cape Elizabeth, Maine?
- Probably not, but confirm with the town. The zoning ordinance excludes fences from the definition of structure, and no fence permit requirement was found. That conclusion rests on the ordinance's silence, not an explicit exemption.
- What are the fence rules for corner lots in Cape Elizabeth, Maine?
- Nothing taller than 3.5 feet may stand within the triangle formed by the two street lines and a line joining points 20 feet from the intersection.
- Are fences inside my yard regulated in Cape Elizabeth, Maine?
- Not by the zoning fence rules, except for any part within 5 feet of a lot line. Fences around a dog run, play area or pool in the lot interior aren't regulated that way.
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. 19-7-12(A), Chapter 19 Zoning Ordinance (includes maps & appendices), p. 198
Fence Height. The height of a fence located within 5’of the property line in or adjacent to the Residence A, B or C zoning districts shall not exceed eight feet (8’) in height.
- Sec. 19-7-12(B), Chapter 19 Zoning Ordinance (includes maps & appendices), p. 198
Corner Clearances. On a corner lot in any district, no fence, wall, hedge, or other planting more than three and a half (3 ½) feet in height shall be erected, placed or maintained within the three-sided area formed by the intersecting street lines and a line joining them at points which lie twenty (20) feet distant from the point of intersection, measured along said street lines.
- Sec. 19-1-3 Definitions, "Height, fence", Chapter 19 Zoning Ordinance (includes maps & appendices), p. 16
Fence supports such as posts, columns, piers or pilasters, as well as gates and arbors may exceed the height restriction contained in this ordinance by not more than twelve (12) inches.
- Sec. 19-1-3 Definitions, "Fence", Chapter 19 Zoning Ordinance (includes maps & appendices), p. 14
Fence: Any permanent partition or barrier more than twelve (12) inches in height from the natural grade (or the top of a retaining wall if a fence is placed on such wall) bordering or parallel to and within five (5) feet of a lot line that in whole or in part defines the boundaries of said lot. A retaining wall or landscaping material such as hedges shall not be considered a fence.
- Sec. 19-1-3 Definitions, "Fence", Chapter 19 Zoning Ordinance (includes maps & appendices), p. 14
Fences located within the interior of a lot which do not serve to define a lot boundary, such as, but not limited to, fences that enclose dog runs, play areas, pools, tennis courts, etc., are not subject to regulation pursuant to this ordinance except for any portion of such fence that borders or is parallel to and within five (5) feet of a lot line.
- Sec. 19-1-3 Definitions, "Structure", Chapter 19 Zoning Ordinance (includes maps & appendices), p. 29
Structure: Anything built for the support, shelter or enclosure of persons, animals, goods or property of any kind, together with anything constructed or erected with a fixed location on or in the ground, exclusive of fences, stone walls, retaining walls, and roof over hangs not exceeding two (2) feet from the vertical face of the structure siding.