Swimming pool rules in Cumberland, Maine
Yes, with a building permit from the Code Enforcement Officer. An outdoor pool (more than 24 inches deep) and its filter equipment must meet your zoning district's setbacks, and the pool must be fully enclosed by a fence or wall at least 4 feet high. This applies to both in-ground and above-ground pools.
| What counts as a pool | Any artificial body of water more than 24 inches deep anywhere [1] |
| Permit | Building permit from the Code Enforcement Officer before construction [4] |
| Setbacks | Pool, filters and pool buildings must meet district setbacks (aprons excluded) [2] |
| Barrier height | Fence or wall at least 4 ft, fully enclosing the pool [3] |
| Above-ground pools | Same barrier rule; pool wall may count as part of the enclosure [3] |
| Example setbacks (LDR district) | Front 50 ft, rear 65 ft, side 30 ft (combined sides at least 65 ft) [5] |
What counts as a pool
Cumberland's outdoor swimming pool section (§ 315-65) covers any artificially confined body of water more than 24 inches deep in any portion [1]. Farm ponds and fire ponds are exempt. Pools located entirely inside a building are not covered by the outdoor requirements.
Setbacks
An outdoor pool may not encroach on the setback or yard requirements of its zoning district. The setback applies to the pool itself plus all filtering equipment and buildings accessory to the pool, but not to aprons or approaches [2]. District setbacks vary a lot: for example, the Low-Density Residential (LDR) District requires 50 feet in front, 65 feet in rear and 30 feet on each side (combined at least 65 feet) [5], while other residential districts range from 25 feet front/rear and 15 feet side (VMDR) to 50 feet front and 75 feet rear (RR1/RR2). Note that the reduced 15-foot side/rear setback in residential districts applies only to sheds and driveways, not pools.
Fence or barrier
The pool must be completely enclosed by a fence or wall at least four feet high, with doors or gates, built to reasonably keep young children from getting in unsupervised [3]. A building wall or the pool's own wall can serve as part of the enclosure, and the rule applies to both below-ground and above-ground pools.
Permit
No outdoor pool may be built until the Code Enforcement Officer issues a building permit [4].
Hot tubs
The ordinance doesn't mention hot tubs or spas by name. An outdoor hot tub deeper than 24 inches appears to fit the pool definition, so ask the Code Enforcement Office how it applies the setback and barrier rules.
A Chapter 315 amendment adopted August 10, 2026 may not be reflected in the online text we reviewed.
See how Cumberland compares with 8+ other Maine towns on swimming pools →
Next steps
- Confirm your zoning district and its front, side and rear setbacks with the Code Enforcement Office (207-829-2207).
- Draw a site plan showing the pool, filter and pump equipment, any pool house, and distances to every lot line.
- Plan a fence or wall at least 4 feet high with gates that fully encloses the pool.
- Apply for a building permit from the Code Enforcement Officer before installing the pool.
Common questions
- Do I need a permit for a swimming pool in Cumberland, Maine?
- Yes. No outdoor pool may be built until the Code Enforcement Officer issues a building permit. A pool is any artificially confined body of water more than 24 inches deep.
- Do I need a fence around a pool in Cumberland, Maine?
- Yes. The pool must be completely enclosed by a fence or wall at least 4 feet high, with gates, built to reasonably keep young children out. This applies to both in-ground and above-ground pools.
- How far from the property line must a pool be in Cumberland, Maine?
- The pool and its filter equipment must meet your district's setbacks. For example, Low-Density Residential requires 50 feet front, 65 feet rear and 30 feet on each side.
- Are hot tubs regulated in Cumberland, Maine?
- Hot tubs aren't mentioned by name. An outdoor hot tub deeper than 24 inches appears to fit the pool definition, so ask the Code Enforcement Office how it applies the setback and barrier rules.
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
- § 315-65A, Chapter 315 Zoning, Article VI General Regulations
An outdoor swimming pool shall be any artificially confined body of water greater than 24 inches in depth in any portion which may or may not require recirculation and filtering equipment for the maintenance of water quality.
- § 315-65B(1), Chapter 315 Zoning, Article VI General Regulations
The pool shall not encroach upon the setback or yard requirements of the district in which it is located. For the purposes of this regulation, this shall not include aprons or approaches to the swimming pool but shall include all filtering facilities and buildings accessory to the swimming pool as well as the swimming pool itself.
- § 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. The wall of a building or the pool itself may be used as a part of such an enclosure. This regulation shall apply to below-ground and aboveground pools.
- § 315-65C, Chapter 315 Zoning, Article VI General Regulations
No outdoor swimming pool shall be constructed until a building permit has been issued by the Code Enforcement Officer.
- § 315-7D (Low-Density Residential District), Chapter 315 Zoning, Article II Zoning Districts
The following minimum setbacks are required for all structures in the LDR District, except that sheds and driveways are permitted to a minimum setback of 15 feet from the side and rear lot lines: (1) Front: 50 feet. (2) Rear: 65 feet. (3) Side: 30 feet; combined width at least 65 feet.