Swimming pool rules in Harpswell, Maine
Pools are allowed, but every pool must have a fence enclosure that meets Maine's pool-fencing law, and Harpswell makes failing to do so an ordinance violation. A pool larger than 10 sq ft counts as a structure, so it needs a Code Enforcement permit and must sit at least 20 ft from lot lines inland (25 ft from property lines and 75 ft from the water in the shoreland zone).
| Fence/barrier | Must meet the state pool-enclosure law (22 M.R.S.A. §§ 1631-1632) [1] |
| Pools that count as structures | Anything over 10 sq ft [2] |
| Permit | Code Enforcement Officer permit for accessory structures (Planning Board in Resource Protection) [3] |
| Setback, outside the shoreland zone | 20 ft from all lot lines and the traveled way [4] |
| Lot coverage (all impermeable surfaces) | 20% of the lot (25% for homes using green infrastructure/low-impact techniques) [5] |
| Setback from property line, shoreland zone | 25 ft [6] |
| Hot tubs | Not specifically addressed [2] |
Fencing
Both the Basic Land Use Ordinance and the Shoreland Zoning Ordinance require every swimming pool, as defined in state law, to meet the fence enclosure requirements of 22 M.R.S.A. §§ 1631-1632. Failing to do so is a violation of the town ordinance [1][7]. Harpswell doesn't write its own fence height or gate rules; it points to the state statute. State pool-barrier rules now run mainly through the statewide building code (summarized separately), so ask the Code Enforcement Office which barrier standard it actually inspects for.
Is a pool a structure?
The Definitions Addendum's definition of structure excludes "swimming pools not to exceed ten (10) square feet" [2]. Any larger pool, above-ground or in-ground, is a structure. Decks and patios around it count too.
Permit and placement (outside the shoreland zone)
- Accessory structures need a Code Enforcement Officer permit (Planning Board in Resource Protection) [3].
- Accessory structures must be at least 20 ft from all lot lines or the edge of the traveled way, whichever is more restrictive [4].
- All structures, driveways and other impermeable surfaces together can't exceed 20% of the lot, or 25% for a home that uses green infrastructure and low-impact development techniques [5]. A pool and its deck count toward this.
- Height limit is 35 ft, which rarely matters for pools.
In the shoreland zone
Shoreland lots must meet a 25 ft property line setback [6] and a 75 ft setback from the shoreline or wetland edge, plus the 20% impermeable surface limit in Shoreland Residential. Clearing trees or vegetation within 75 ft of the water for a pool is limited by the shoreline buffer rules.
Above-ground vs. in-ground; hot tubs
The ordinances treat above-ground and in-ground pools the same. Hot tubs and spas aren't mentioned separately. A hot tub over 10 sq ft would appear to be a structure under the definition, but confirm with the town.
See how Harpswell compares with 8+ other Maine towns on swimming pools →
Next steps
- Call the Code Enforcement Office (207-833-5771) to confirm your zone and ask what pool-fence standard it inspects for.
- Draw a scaled site plan showing the pool, deck, fence and distances to lot lines, the road and any water.
- Check that the pool plus all other structures and paved areas stay under 20% of your lot.
- Apply for the permit before installing, and have the fence enclosure in place before you fill the pool.
Common questions
- Do I need a permit for a swimming pool in Harpswell, Maine?
- Yes, for most pools. A pool larger than 10 sq ft counts as a structure, so it needs a Code Enforcement permit (Planning Board in Resource Protection).
- Do I need a fence around a pool in Harpswell, Maine?
- Yes. Every pool must have a fence enclosure that meets the state pool-enclosure law, and failing to do so is an ordinance violation. Ask Code Enforcement which barrier standard it actually inspects for.
- How far from the property line must a pool be in Harpswell, Maine?
- Outside the shoreland zone, at least 20 ft from all lot lines and the traveled way. In the shoreland zone it's 25 ft from property lines and 75 ft from the shoreline or wetland edge.
- Are hot tubs regulated in Harpswell, Maine?
- Hot tubs aren't specifically mentioned. A hot tub over 10 sq ft would appear to be a structure under the definition, but confirm with the town.
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. 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. Failure to do so shall constitute a violation of this Ordinance.
- 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. 13.3 Table 1, row 16, Basic Land Use Ordinance (2026), p. 31
16. Accessory structures and uses CEO11 PB 11 CEO11 CEO11 CEO11 CEO11 CEO
- Sec. 11.3.1 Setback, Basic Land Use Ordinance (2026), p. 16
All accessory structures shall be set back at least twenty (20) feet from all lot lines or the edge of a traveled way, whichever is more restrictive.
- Sec. 11.1.1, Basic Land Use Ordinance (2026), p. 15
The total area covered by all structures, driveways, parking lots, and other impermeable surfaces shall not exceed twenty percent (20%) of the total area of the lot with the following exceptions:
- Sec. 15.2.1 Setback Requirements table, Shoreland Zoning Ordinance (2025), p. 26
Minimum setback from a property line 25 feet 25 feet
- Sec. 15.24 Swimming Pools, Shoreland Zoning Ordinance (2025), p. 47
All swimming pools, as that term is defined in 22 M.R.S. § 1631(2), shall comply with the fence enclosure requirements set forth in 22 M.R.S. §§ 1631-1632, as may be amended from time to time.