Fence height rules in Cumberland, Maine
The Cumberland zoning chapters we reviewed don't set a general fence height limit or fence setback for homes. The main rule is at street corners: nothing may be more than 3 1/2 feet above curb height within the triangle formed by points 20 feet from where the street lines intersect. Confirm with the Code Enforcement Office whether it treats a fence as a structure that must meet setbacks.
| Corner-lot sight triangle | Max 3.5 ft above curb height within 20 ft of the street-line intersection [1] |
| Pool enclosure | Fence or wall at least 4 ft high required around outdoor pools [3] |
| Screening where new commercial use abuts a home (Rural Industrial district) | At least 6 ft, may include fencing [5] |
Corner lots
Cumberland's corner clearance rule says no building, structure or foliage may be erected or maintained more than 3 1/2 feet above curb height within the area defined by a line connecting points 20 feet from the intersection of the street lines at intersecting streets and roads [1]. A fence in that corner triangle should be kept to 3 1/2 feet or lower, and hedges count too.
Height and setbacks elsewhere
We didn't find a fence height limit, a fence setback, a finished-side rule or a fence permit requirement in the zoning chapters we reviewed (definitions, district regulations, lot regulations and general regulations). The ordinance defines a "structure" broadly as anything built for the support, shelter or enclosure of persons, animals, goods or property [2], and says no structure may project beyond the required setbacks [4]. The text doesn't say whether a boundary fence counts as a structure for setback purposes, so ask the Code Enforcement Office how it applies these rules before you build along a property line.
Fences required in some cases
- Pools: an outdoor pool must be completely enclosed by a fence or wall at least four feet high [3].
- Commercial next to residential: in the Rural Industrial district, a new nonresidential use next to an existing home must provide a 25-foot buffer with screening at least six feet tall, which can include fencing [5]; other commercial districts have similar buffer rules.
Other limits
The chapters reviewed don't cover fences in the shoreland zone; the town's shoreland zoning chapter wasn't available to us. Private deed covenants or subdivision rules may also limit fences.
A Chapter 315 amendment adopted August 10, 2026 may not be reflected in the online text we reviewed.
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Next steps
- Call the Cumberland Code Enforcement Office (207-829-2207) to ask whether your fence needs a permit and whether it must meet district setbacks.
- On a corner lot, keep the fence at or below 3 1/2 feet above curb height within 20 feet of the street corner.
- Check your deed and any subdivision or HOA covenants for fence restrictions.
- If the fence is near the water, ask about shoreland zoning rules before building.
Common questions
- Is there a fence height limit in Cumberland, Maine?
- The zoning chapters we reviewed don't set a general fence height limit or setback for homes. The main rule is at street corners: nothing may be more than 3 1/2 feet above curb height within 20 feet of where the street lines intersect.
- Do I need a permit for a fence in Cumberland, Maine?
- We didn't find a fence permit requirement. The text doesn't say whether a boundary fence counts as a structure that must meet setbacks, so ask the Code Enforcement Office before you build along a property line.
- Does a pool need a fence in Cumberland, Maine?
- Yes. An outdoor pool must be completely enclosed by a fence or wall at least four feet high.
- Can I put a tall fence on a corner lot in Cumberland, Maine?
- Keep it at 3 1/2 feet or lower above curb height within 20 feet of the street corner. Hedges count too.
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
- § 315-46 Corner clearance, Chapter 315 Zoning, Article VI General Regulations
No building, structure, or foliage shall be erected or maintained greater than 3 1/2 feet above the curb height within an area defined by a line connecting the points 20 feet distant of the intersection of street lines at intersecting streets and roads.
- § 315-4 Definitions, Structure, Chapter 315 Zoning, Article I Title, Purpose and Definitions
Anything built for the support, shelter, or enclosure of persons, animals, goods, or property of any kind.
- § 315-65B(2), Chapter 315 Zoning, Article VI General Regulations
The pool shall be completely enclosed by a fence or a wall not less than four feet in height, with appropriate doors and/or gates, and so constructed as to reasonably prohibit the unsupervised entrance of young children.
- § 315-30 Projection of structures into required setback, Chapter 315 Zoning, Article IV Lot Regulations
No structures, whether attached to the principal structure or not and whether open or enclosed, including porches, carports, balconies, or platforms above normal grade level, shall project beyond the setbacks provided in this chapter.
- § 315-20E(1) (Rural Industrial District), Chapter 315 Zoning, Article II Zoning Districts
This buffer shall contain screening that is at least six feet in height. This screening shall consist of one or some combination of the following: fencing, evergreens, shrubs, berms, rocks, boulders, mounds, bushes, and deciduous trees.