Swimming pool rules in Cape Elizabeth, Maine
Yes. A residential swimming pool is an accessory structure in Cape Elizabeth and needs a Building Permit from the Code Enforcement Officer. In Residence A and B it must be at least 15 feet from side and rear lot lines, and in Residence C at least 10 feet; the zoning ordinance doesn't set its own pool-fence rules.
| Pools are accessory structures | Yes, as residential recreational facilities [1] |
| Side/rear setback (Residence A) | 15 ft [2] |
| Side/rear setback (Residence B) | 15 ft [3] |
| Side/rear setback (Residence C) | 10 ft [4] |
| Permit | Building Permit from the Code Enforcement Officer [5] |
| Pool fences in lot interior | Not regulated by zoning fence rules (except within 5 ft of a lot line) [6] |
Pools are accessory structures
Cape Elizabeth's zoning ordinance lists recreational facilities for the residents' use, "such as a swimming pool or a tennis court, and related structures," among accessory structures for homes [1]. The ordinance doesn't treat above-ground and in-ground pools differently, and it doesn't mention hot tubs or spas separately.
Setbacks by district
Each residential district's space-and-bulk table has a row for outdoor recreational facilities such as pools that are accessory to a single-family home:
- Residence A: 15 ft side and rear [2]
- Residence B: 15 ft side and rear [3]
- Residence C: 10 ft side and rear (the pool row starts at the bottom of one page and its 10 ft values continue at the top of the next) [4]
The front-yard setback is the district's standard (for example 30 ft from a local street in Residence A and B, 20 ft in Residence C). In the shoreland and Resource Protection areas, water setbacks also apply.
Permit
No structure may be built until the Code Enforcement Officer issues a Building Permit [5]. The application needs a scaled site plan showing distances to the property lines. If the pool is within 10 ft of the minimum setback or within 125 ft of the high-water line, the town mails a notice to abutters after the permit is issued.
Fences and barriers
The zoning ordinance doesn't contain pool barrier requirements. A fence around a pool in the middle of the lot isn't regulated by the zoning fence rules, except for any part within 5 ft of a lot line, which is limited to 8 ft in height [6]. Safety barriers are a building-code matter, so ask the Code Enforcement Office which barrier standards apply.
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Next steps
- Check your zoning district and keep the pool at least 15 ft (Residence A/B) or 10 ft (Residence C) from side and rear lot lines.
- Prepare a scaled site plan showing the pool, any deck or equipment, and distances to property lines.
- Apply for a Building Permit at the Code Enforcement Office (contact details at capeelizabeth.gov), plus an electrical permit for pumps and heaters.
- Ask the Code Enforcement Officer which pool barrier (fence and gate) standards apply before you buy fencing.
Common questions
- Do I need a permit to build a pool in Cape Elizabeth, Maine?
- Yes. A residential swimming pool is an accessory structure and needs a Building Permit from the Code Enforcement Officer. The application needs a scaled site plan showing distances to property lines.
- How far from the property line does a pool have to be in Cape Elizabeth, Maine?
- In Residence A and B, at least 15 feet from side and rear lot lines. In Residence C, at least 10 feet.
- Does Cape Elizabeth, Maine require a fence around a pool?
- The zoning ordinance doesn't contain pool barrier requirements. Safety barriers are a building-code matter, so ask the Code Enforcement Office which standards apply.
- Are above-ground pools treated differently in Cape Elizabeth, Maine?
- No. The ordinance doesn't treat above-ground and in-ground pools differently, and it doesn't mention hot tubs or spas separately.
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. 19-1-3 Definitions, "Accessory Building or Structure", Chapter 19 Zoning Ordinance (includes maps & appendices), p. 6
recreational facilities for the use of occupants of the residence, such as a swimming pool or a tennis court, and related structures
- Sec. 19-6-1(E)(2) Residence A minimum setbacks, item (10), Chapter 19 Zoning Ordinance (includes maps & appendices), p. 73
(10) Outdoor recreational facilities such as swimming pools, tennis courts, and basketball courts that are accessory to a single family residential use a. Side yard setback 15 ft. 15 ft. b. Rear yard setback
- Sec. 19-6-2 Residence B minimum setbacks, item (9), Chapter 19 Zoning Ordinance (includes maps & appendices), p. 80
(9) Outdoor recreational facilities such as swimming pools, tennis courts, and basketball courts that are accessory to a single family residential use a. Side yard setback 15 ft. 15 ft. b. Rear yard setback
- Sec. 19-6-3 Residence C minimum setbacks, item (10), Chapter 19 Zoning Ordinance (includes maps & appendices), p. 87
a. Side yard setback 10 ft. 10 ft. b. Rear yard setback (Effective December 10, 2003)
- Sec. 19-3-3(A), Chapter 19 Zoning Ordinance (includes maps & appendices), p. 38
No building, structure, or part thereof shall be constructed, structurally altered, enlarged, or moved until a Building Permit for such action has been issued by the Code Enforcement Officer.
- 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.