Fence height rules in Gorham, Maine
Gorham's Land Use and Development Code sets no fence height limit or fence setback for homes. Fences and boundary walls are excluded from the definition of "structure," so the building-permit and setback rules for structures don't apply to them. Check with Code Enforcement before building a very tall fence or one near a road intersection.
| Is a fence a "structure"? | No, boundary walls and fences are excluded [1] |
| Max fence height (residential) | None stated in the zoning code [1] |
| Building permit | Required for structures; fences aren't structures [2] |
| Commercial buffer fencing | Must sit inside the developer's lot line with access to maintain both sides [3] |
What the code says
Gorham's Chapter 1 definition of "structure" expressly leaves out boundary walls and fences [1]. That matters because the main permit rule, which bars erecting, moving or altering a building or other structure without a Code Enforcement Officer permit [2], and the district setbacks are written for buildings and structures. We found no section of Chapter 1 or Chapter 2 that sets a maximum fence height, a required distance from the lot line, a corner-lot sight-line rule for fences, or a finished-side-out rule for residential fences.
Where fences do come up
- Commercial buffers: When a non-residential use abuts a residential area, the developer must provide landscaping, fencing or screening. That fencing must be durable, maintained, and placed inside the developer's lot line so both sides can be maintained without intruding on the neighbor [3]. This applies to developers, not to homeowners fencing their own yards.
- Farm animals: Pen and pasture fencing must keep animals confined (Sec. 2-12).
- Shoreland areas: Fences aren't structures, but the shoreland vegetation rules still limit clearing near the water, so a fence line within 75-100 ft of the shore shouldn't involve cutting the buffer.
Practical cautions
The absence of a local rule doesn't rule out other limits. Subdivision approvals, deed covenants or HOA rules may restrict fences. A pool barrier is governed by the building code, not the zoning code. If a fence could block drivers' views at a corner or driveway, talk to Code Enforcement first. A one-line call to confirm is worthwhile because Gorham's online code (eCode360) may have newer amendments.
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Next steps
- Confirm your property lines (find your survey pins or hire a surveyor) so the fence stays on your land.
- Check your deed, subdivision plan and any HOA rules for fence restrictions.
- Call Gorham Code Enforcement (207-222-1605) to confirm no permit is needed, especially for fences over 6 ft, near intersections, or in the shoreland zone.
- Keep the fence clear of any vegetation buffer if you're within 75-100 ft of a pond, river, stream or wetland.
Common questions
- Is there a fence height limit in Gorham, Maine?
- No height limit is stated. Gorham's code excludes boundary walls and fences from the definition of "structure," and we found no maximum fence height in the code. Check with Code Enforcement before building a very tall fence.
- Do I need a permit to build a fence in Gorham, Maine?
- Probably not under the zoning code. The permit rule applies to structures, and fences aren't structures. Call Code Enforcement to confirm, especially for fences over 6 ft, near intersections, or in the shoreland zone.
- How far from the property line does a fence have to be in Gorham, Maine?
- The code sets no fence setback for homes, because setbacks are written for buildings and structures. Confirm your property lines first, and check your deed, subdivision plan and any HOA rules for fence restrictions.
- Can I put a fence near a pond or river in Gorham, Maine?
- Fences aren't structures, but the shoreland vegetation rules still limit clearing near the water. A fence line within 75-100 ft of the shore shouldn't involve cutting the vegetation buffer.
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. 1-5 Definitions, Structure, Land Use and Development Code – Chapter 1: Zoning Regulations, p. 42
For the purpose of this ordinance, the term "structure" shall not include: 1. boundary walls, fences;
- Sec. 1-3.D Building Permit, Land Use and Development Code – Chapter 1: Zoning Regulations, p. 14
No building or other structure shall be erected, moved, added to, or structurally altered without a permit therefore, issued by the Code Enforcement Officer.
- Sec. 2-1.I(6) Buffer Areas, Land Use and Development Code – Chapter 2: General Standards of Performance, p. 37
6) Fencing and screening shall be so located within the developer's property line to allow access for maintenance on both sides without intruding upon abutting properties.