Swimming pool rules in Gorham, Maine
Yes, with a building permit. Gorham's code counts swimming pools as "structures," so a pool needs a permit from the Code Enforcement Officer and must meet the setbacks for your district, such as 15 ft side and rear in Urban Residential or 20 ft in Suburban Residential and Rural. The zoning code doesn't spell out pool fence or barrier rules; those come from the building code.
| Is a pool a "structure"? | Yes, swimming pools are expressly included [1] |
| Permit | Building permit from the Code Enforcement Officer [2] |
| Urban Residential setbacks | 15 ft side/rear [3] |
| Suburban Residential setbacks | 20 ft side/rear [4] |
| Rural setbacks (residential) | 20 ft side/rear [5] |
| Shoreland setback | 100 ft from great ponds/rivers to great ponds; 75 ft from other waters [6] |
| Shoreland lot coverage | 20% max for all structures and non-vegetated surfaces [7] |
Pools are structures
Gorham's definition of "structure" expressly includes swimming pools, along with terraces and decks [1]. The code doesn't distinguish above-ground from in-ground pools, so treat both the same. Under Chapter 1, no structure may be erected without a permit from the Code Enforcement Officer [2]. The permit application normally includes a plan drawn to scale showing the lot, existing buildings, and the location and dimensions of the proposed work.
Setbacks
A pool must meet the yard setbacks for your zoning district:
- Urban Residential: 15 ft from side and rear lot lines, and a front setback of 15 ft with public water and sewer or 25 ft without [3]. Building coverage is capped at 25%.
- Suburban Residential: 20 ft side and rear [4]. The front setback is 50 ft on a local street.
- Rural: 20 ft side and rear for residential lots [5].
The 5 ft reduced setback in the code applies only to small sheds, not pools.
Near the water
In the Shoreland Overlay District, all new accessory structures must be at least 100 ft from a great pond or a river flowing to one, and 75 ft from other water bodies, tributary streams and wetlands [6]. Buildings, structures and other non-vegetated surfaces together can't cover more than 20% of the part of the lot in the shoreland zone [7].
What the code doesn't cover
Gorham's Land Use and Development Code has no pool-specific rules on fences, gates, alarms, or hot tubs. Barrier requirements come from the state building code that Gorham's Code Enforcement Office administers, so ask about barrier and electrical inspections when you apply.
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Next steps
- Find your zoning district and sketch the pool location with distances to every lot line.
- Apply for a building permit at Gorham Code Enforcement (207-222-1605). Bring a scaled site plan and the pool specs.
- Ask Code Enforcement which barrier, gate and electrical requirements apply to your pool or hot tub.
- If you're within 250 ft of a pond, river or wetland, request shoreland approval as part of the permit.
Common questions
- Do I need a permit for a swimming pool in Gorham, Maine?
- Yes. Gorham's code counts swimming pools as "structures," so a pool needs a building permit from the Code Enforcement Officer. The code doesn't distinguish above-ground from in-ground pools.
- How far from the property line does a pool have to be in Gorham, Maine?
- It depends on the district: 15 ft from side and rear lot lines in Urban Residential, and 20 ft in Suburban Residential and Rural. The reduced 5 ft setback applies only to small sheds, not pools.
- Does Gorham, Maine have pool fence requirements?
- The zoning code doesn't spell out pool fence, gate, alarm or hot tub rules. Barrier requirements come from the state building code that Code Enforcement administers, so ask about barrier and electrical inspections when you apply.
- Can I build a pool near a pond or river in Gorham, Maine?
- Shoreland rules apply. New accessory structures must be at least 100 ft from a great pond or a river flowing to one, and 75 ft from other water bodies, tributary streams and wetlands.
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. 1-5 Definitions, Structure, Land Use and Development Code – Chapter 1: Zoning Regulations, p. 42
For the purposes of this ordinance, the term "structure" shall include, without limitation: 1. swimming pools; 2. terraces and decks; and
- 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. 1-6.D Urban Residential Space Standards, Land Use and Development Code – Chapter 1: Zoning Regulations, p. 46
Minimum front yard setback 15 ft. 25 ft. Minimum rear and side yards 15 ft.* 15 ft.*
- Sec. 1-7.D Suburban Residential Space Standards, Land Use and Development Code – Chapter 1: Zoning Regulations, p. 48
Minimum side and rear yards 20 feet Maximum building height None
- Sec. 1-8.D Rural District Space Standards, Land Use and Development Code – Chapter 1: Zoning Regulations, p. 52
Minimum side and rear yard *residential 20 ft. *non-residential 50 ft.
- Sec. 2-1.E(9)(b)(1), Land Use and Development Code – Chapter 2: General Standards of Performance, p. 23
All new principal and accessory buildings and structures shall be set back at least one hundred (100) feet, horizontal distance, from the normal high-water line of a great pond or a river flowing to a great pond and seventy-five (75) feet, horizontal distance, from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland.
- Sec. 2-1.E(9)(b)(3), Land Use and Development Code – Chapter 2: General Standards of Performance, p. 23
The total footprint area of all buildings/structures, parking lots and other non-vegetated surfaces, within the shore land zone shall not exceed twenty percent (20%) of the lot or a portion thereof located within the shoreland zone, including land area previously developed.