Fence height rules in Harpswell, Maine
Harpswell's land use ordinances don't set fence height limits or fence setbacks. Fences are specifically excluded from the definition of "structure," so the structure setbacks and permit rules don't apply to them. The main exceptions are pool fences, which must meet state pool-enclosure law, and vegetation-clearing limits near the shore.
| Fences count as structures? | No; fences are excluded from the definition [1] |
| Fence height limit | None in the ordinances [1] |
| Fence setback from property lines | None in the ordinances (structure setbacks don't apply) [1] |
| Pool fences | Must meet state pool-enclosure law (22 M.R.S.A. §§ 1631-1632) [2] |
| Shoreline buffer clearing | No cleared opening over 250 sq ft within 75 ft of the water [4] |
No local fence rules
Harpswell's Basic Land Use Ordinance and Shoreland Zoning Ordinance have no section on fences. They don't set a height limit, a front-yard rule, a corner-lot sight-line rule or a setback from property lines. The Definitions Addendum, which applies to both ordinances, defines structure broadly but expressly excludes "fences and poles, wiring, and other equipment normally associated with service drops" [1]. Setbacks and permits in these ordinances attach to structures, so an ordinary fence isn't subject to the 20 ft (inland) or 25 ft (shoreland) property line setbacks and isn't listed as needing a permit.
Pool fences
If you're fencing a swimming pool, the fence must meet the state pool-enclosure requirements in 22 M.R.S.A. §§ 1631-1632, and failing to do so is a violation of the town ordinance [2]. See the Pools page.
Near the water
The ordinances mention "open fences," such as split rail, which let water, wind and sand pass through [3]. Open fences meant to keep people out of sensitive areas are allowed as part of community shoreland access in Resource Protection districts. In the shoreland zone, installing any fence still has to respect the vegetation buffer. Within 75 ft of the water or a wetland, you can't create a cleared opening larger than 250 sq ft [4], and cutting trees 2 inches or more in diameter there needs a Code Enforcement permit.
Other limits
Walls or fences can be required as screening or buffers in site plan or commercial reviews, but that doesn't apply to a typical home. Deed covenants or road association rules may also limit fences. State spite-fence and boundary-fence laws are summarized separately.
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Next steps
- Confirm your property lines (a survey helps) before building, since the town doesn't review fence placement.
- If the fence encloses a pool, build it to the state pool-enclosure standard and ask the Code Enforcement Office (207-833-5771) what it checks.
- If you're within 75 ft of the shore or a wetland, check with Code Enforcement before clearing vegetation or cutting trees for the fence line.
- Check your deed or road association covenants for fence restrictions.
Common questions
- Is there a fence height limit in Harpswell, Maine?
- No. Harpswell's land use ordinances don't set fence height limits or fence setbacks. Fences are specifically excluded from the definition of "structure," so structure setbacks and permit rules don't apply to them.
- Do I need a permit to build a fence in Harpswell, Maine?
- An ordinary fence isn't listed as needing a permit. Since the town doesn't review fence placement, confirm your property lines before building.
- Does a pool fence have special rules in Harpswell, Maine?
- Yes. A swimming pool fence must meet the state pool-enclosure law, 22 M.R.S.A. §§ 1631-1632, and failing to do so is a violation of the town ordinance.
- Can I put a fence near the water in Harpswell, Maine?
- A fence still has to respect the shoreland vegetation buffer. Within 75 ft of the water or a wetland you can't create a cleared opening larger than 250 sq ft, and cutting trees 2 inches or more in diameter there needs a Code Enforcement permit.
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
- Definitions, Structure, Definitions Addendum (2026), p. 21
Structure – anything built for the support, shelter or enclosure of persons, animals, goods or property of any kind, together with anything constructed or erected with a fixed location on or in the ground, exclusive of tree houses with no roof, not to exceed twenty-five (25) square feet; picnic tables; lawn chairs; flag poles; temporary party tents not to exceed three (3) days; ninety- six (96) square feet camping tents that are accessory to a legally existing house and that are erected on the property not more than ten (10) days per calendar year; dog houses not to exceed ten (10) square feet; swimming pools not to exceed ten (10) square feet; fences and poles, wiring, and other equipment normally associated with service drops as well as guying and guy anchors.
- Sec. 11.19 Swimming Pools, Basic Land Use Ordinance (2026), p. 25
All swimming pools, as that term is defined in 22 M.R.S.A. § 1631(2), shall comply with the fence enclosure requirements set forth in 22 M.R.S.A. §§ 1631-1632, as may be amended from time to time.
- Definitions, Open Fence, Definitions Addendum (2026), p. 15
Open Fence – a fence through which water, wind and sand can easily move, for example, a split rail.
- Sec. 15.15.2.1, Shoreland Zoning Ordinance (2025), p. 40
There shall be no cleared opening greater than two hundred fifty (250) square feet in the forest canopy (or existing woody vegetation if a forested canopy is not present) as measured from the outer limits of the tree crown.