Swimming pool rules in Kennebunk, Maine
Kennebunk's zoning counts a swimming pool as a 'building', so a pool must meet your district's setbacks (for example 25 ft front and 20 ft side and rear in Suburban Residential) and counts toward lot coverage. The zoning articles we reviewed have no pool-specific rules on fencing or permits, so ask Code Enforcement about the building permit and barrier requirements.
| Pools count as buildings | Yes; the zoning definition of 'building' includes swimming pools [1] |
| Setbacks: Suburban Residential | Front 25 ft; side 20 ft; rear 20 ft [2] |
| Setbacks: Village Residential | Front 20 ft; side 10 ft (30 ft combined); rear 15 ft [3] |
| Yards | Required yards must be unobstructed by any building [4] |
| Shoreland lot coverage | Pools and other structures max 20% of the shoreland portion [5] |
A pool is a 'building' under Kennebunk zoning
The zoning definition of building explicitly includes "foundations, swimming pools, and air raid shelters in the ground" along with all parts of any structure above ground [1]. So the rules for buildings apply to a pool: district setbacks, height and lot coverage.
Setbacks
Required front, side and rear yards must be "unobstructed by any building from the ground upward" [4], so a pool can't sit in a required yard.
- Suburban Residential: 25 ft front, 20 ft side and rear for single-family lots [2].
- Village Residential / West Kennebunk VR: 20 ft front, 10 ft side (both sides must total 30 ft), and 15 ft rear [3]. The quoted VR table has two columns (lots on sewer and lots without sewer); the setbacks are the same in both.
- Coastal Residential: 25 ft front, 20 ft side and rear.
- Rural Residential and Rural Conservation: 35 ft front, 20 ft side, 50 ft rear.
The definition covers in-ground pools and anything built above ground, so both kinds appear to be covered. The zoning doesn't mention hot tubs specifically.
Lot coverage
The residential districts cap lot coverage at 25% (SR, VR, CR) or 15% (RR, RC). In the Shoreland Overlay District, structures plus driveways and other non-vegetated surfaces can't exceed 20% of the shoreland part of the lot [5]. The water setback (100, 50 or 25 ft depending on the water body) also applies.
Fences and permits
We found no pool-fence or barrier rule in the Kennebunk zoning articles or town ordinances we reviewed. Kennebunk has more than 4,000 residents, so it must enforce the statewide building code (MUBEC), and your code officer will apply its pool and barrier provisions. Check with Code Enforcement before you build.
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Next steps
- Confirm your zoning district and whether your lot is in the Shoreland Overlay.
- Draw a plot plan showing the pool outside the front, side and rear setbacks and under the lot coverage limit.
- Apply to Kennebunk Code Enforcement (207-604-1303) for a building permit, and ask what barrier or fence and gate rules apply.
- If the pool needs electrical work, plan on a separate electrical permit and inspection.
Common questions
- Do I need a permit for a swimming pool in Kennebunk, Maine?
- The zoning articles we reviewed don't say. A pool counts as a building under zoning, and Kennebunk enforces the statewide building code, so ask Code Enforcement about the building permit and barrier requirements.
- How far from the property line must a pool be in Kennebunk, Maine?
- It depends on the district. In Suburban Residential, 25 ft from the front and 20 ft from the side and rear. In Village Residential, 20 ft front, 10 ft side and 15 ft rear.
- Does Kennebunk, Maine require a fence around a pool?
- We found no pool-fence or barrier rule in the zoning articles or town ordinances we reviewed. Your code officer will apply the statewide building code's pool provisions, so check with Code Enforcement before you build.
- Can a pool take up too much of my lot in Kennebunk, Maine?
- Yes. A pool counts toward lot coverage. The residential districts cap coverage at 25% (SR, VR, CR) or 15% (RR, RC), and in the Shoreland Overlay the limit is 20% of the shoreland part of the lot.
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
- 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 8, Section 6.E(1) Suburban Residential space and bulk, Zoning Article 8 Sect 6 - Suburban Residential District, p. 3
Minimum setbacks Front yard 25 feet Side yards (each) Single family detached 20 feet dwellings Other uses 25 feet Rear yard Single family detached 20 feet dwellings
- Article 8, Section 7.E(1) Village Residential space and bulk, Zoning Article 8 Sect 7 - Village Residential / West Kennebunk Village Residential, p. 3
Front yard 20 ft. 20 ft. Side yard 10 feet, provided the sum of both side 10 feet, provided the sum of yards is at least 30 feet both side yards is at least 30 feet Rear yard 15 feet 15 ft.
- Article 2, Definitions: Yard, Rear, Zoning Ordinance Article 2 - Definitions, p. 23
YARD, REAR: An open space extending the entire width of a lot from sideline to sideline and extending at a right angle from the rear line of such lot such depth as specified. Such rear yard is unoccupied and unobstructed by any building from the ground upward.
- Article 8, Section 16.D(1) Lot Coverage, Zoning Article 8 Sect 16 - Shoreland Overlay District, p. 2
Lot Coverage: The total area of all structures, parking lots, roads, driveways and other non- revegetated surfaces, within the shoreland zone, shall not exceed twenty (20) percent of the lot or a portion, thereof, located within the shoreland zone, including land area previously developed;