Fence height rules in Kennebunk, Maine
Kennebunk's zoning sets no fence height limit and no setback from property lines for a typical home. Fences are excluded from the definition of 'building', and the required yards are only kept clear of buildings. In the commercial design review districts, a fence change can trigger design review. Fences in the Historic Preservation Overlay may face other rules we didn't review.
| Max fence height (front, side, rear) | No limit in the zoning articles we reviewed [1] |
| Setback from property line | None; fences aren't 'buildings', and yards must only be free of buildings [1] |
| Design review districts | A material change to a fence in the Suburban Commercial, York St. or Portland Rd. Mixed Use or Business Park districts may need design review [3] |
Fences aren't 'buildings'
Kennebunk's zoning defines a building broadly. It includes swimming pools and "all parts of any kind of structure above ground", but specifically excludes fences and field or garden walls and embankment retaining walls [1]. The district setbacks apply to required front, side and rear yards, which must be kept "unobstructed by any building from the ground upward" [2]. Since a fence isn't a building, the setbacks don't apply. A typical residential fence can generally go up to the property line, and we found no front, side or rear height limit for fences in the zoning articles we reviewed.
Where fences are reviewed
- Design review districts: in the Suburban Commercial, York Street Mixed Use, Portland Road Mixed Use and Business Park districts, design review applies to "any material change in the exterior appearance of an existing building, sign, light, fence" and similar features [3]. These are mostly commercial and mixed-use districts. The fence clause isn't limited to non-residential sites, so a home in one of these districts may also need design review for a fence change.
- Historic Preservation Overlay: lots in this overlay must also follow Article 12 (Historic Preservation), which we didn't review. It may cover fences visible from the street.
- Shoreland areas: clearing vegetation to put in a fence near the water is still subject to the shoreland buffer and clearing limits.
- Horses: if you keep horses, the lot perimeter must be fenced securely enough to contain them (Article 10, Section 18).
Corner lots
The zoning articles we reviewed have no corner-lot sight-triangle rule for fences on residential lots. Keep fences low near driveways and intersections anyway, for safety.
Boundary lines
The town doesn't settle property-line disputes. Confirm where your line is with a survey before building at the line.
See how Kennebunk compares with 8+ other Maine towns on fences →
Next steps
- Confirm your property line (survey or existing pins) before you build near it.
- If your lot is in the Historic Preservation Overlay, ask the Planning office whether Article 12 review applies to a street-facing fence.
- For a very tall fence or a retaining wall, ask Kennebunk Code Enforcement (207-604-1303) whether the building code requires a permit.
Common questions
- Is there a fence height limit in Kennebunk, Maine?
- We found no front, side or rear fence height limit in the zoning articles we reviewed. Fences are excluded from the zoning definition of "building."
- How close to the property line can I build a fence in Kennebunk, Maine?
- The setbacks apply to buildings, and a fence isn't a building, so a typical residential fence can generally go up to the property line. Confirm your line with a survey first.
- Do I need design review for a fence in Kennebunk, Maine?
- Possibly, in some districts. In the Suburban Commercial, York Street Mixed Use, Portland Road Mixed Use and Business Park districts, design review applies to material changes to a fence. Lots in the Historic Preservation Overlay may face other rules we didn't review.
- Can I put a fence near the water in Kennebunk, Maine?
- Clearing vegetation to put in a fence near the water is still subject to the shoreland buffer and clearing limits.
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
- Article 2, Definitions: Building, Zoning Ordinance Article 2 - Definitions, p. 3
BUILDING: Any three-dimensional enclosure by any building materials of any space for any use or occupancy, temporary or permanent, and shall include foundations, swimming pools, and air raid shelters in the ground, as well as all parts of any kind of structure above ground, except fences and field or garden walls or embankment retaining walls.
- Article 2, Definitions: Yard, Front, Zoning Ordinance Article 2 - Definitions, p. 23
YARD, FRONT: An open space extending the entire width of a lot from lot sideline to lot sideline and extending in depth at a right angle from the street boundary of such lot to such depth as specified. Such front yard is unoccupied and unobstructed by any building from the ground upward.
- Article 10, Section 23.B.2 Design Review applicability, Zoning Ordinance Article 10 - Performance Standards, p. 62
Any material change in the exterior appearance of an existing building, sign, light, fence, landscape and/ or structure - other than routine maintenance, repair and/or minor renovations of such features as determined by the Staff Review Committee to be exempt minor renovations.