Plain-English answers to common homeowner questions, taken from Kittery's published ordinances, with every rule linked to the section it comes from.
Last reviewed
Accessory Dwelling Units (ADUs) Yes. The 2022 version of Kittery's Title 16 we reviewed allows one accessory dwelling unit per single-family lot in residential zones like R-S. If it meets the standards, the Code Enforcement Officer can approve it without a board hearing. The ADU can be up to 1,000 sq ft with no more than two bedrooms, and it can't be rented to the same party for less than 30 days.Allowed with a permit
Backyard Chickens Yes. Kittery's land use code only regulates flocks of 10 or more poultry over six months old. Coops for those larger flocks must be 50 feet from neighboring property. A typical backyard flock of fewer than 10 hens has no specific zoning limits, but hens and roosters can't create a noise nuisance.Allowed
Short-Term Rentals (Airbnb / VRBO) Yes, with an annual short-term rental license from Kittery's Code Enforcement Officer. You need one for any rental of less than 30 consecutive days. Only the property owner can apply, and you can rent to no more than two adults per bedroom. Licenses for owner-occupied homes and seasonal dwellings aren't capped, but licenses for other units are limited.Allowed with a permit
Fences Kittery's land use code (2022 version we reviewed) has no fence section, so this answer rests on what the code leaves out: a fence under 8 feet tall doesn't count as a 'structure', so it isn't subject to yard setbacks and can generally go up to the property line. A fence 8 feet or taller is a structure and must meet your zone's setbacks. The Kittery Foreside (MU-KF) zone has extra fence design rules.Allowed
Sheds & Accessory Buildings Yes. Kittery's land use code (2022 version) requires a permit from the Code Enforcement Officer to build any building, including a shed. In the R-RL, R-U, R-S and B-L zones, accessory buildings need side and rear setbacks of at least 10 feet and must stay at least 30 feet from a neighbor's house. Front-yard setbacks are larger (40 feet in R-S).Allowed with a permit
Burn Permits & Backyard Fires The Kittery ordinances we reviewed have no local rules for brush burning, backyard fires or fire pits. Kittery follows state rules, so get a burn permit from the Maine Forest Service online system or the local fire warden. The only local fire rule we found bans campfires and portable grills on town launch ramps and docks without the Harbormaster's approval.Not specifically regulated
Home-Based Businesses Usually yes. In most residential zones, Kittery's 2022 land use code allows a minor home occupation (up to 3 workers, residents included) after Code Enforcement Officer review. A larger major home occupation (up to 5 workers) needs a public hearing and Board of Appeals approval as a special exception.Allowed with board review
Swimming Pools Probably yes, with a permit. Kittery's 2022 land use code has no pool-specific rules, but a pool fixed in or on the ground fits its definition of a "structure", which needs a Code Enforcement Officer permit and has to stay out of required yards (in R-S, 40 ft front and 15 ft side and rear). The code sets no pool fence or barrier rule, so ask Code Enforcement which building code barrier rules apply.Allowed with a permit
Building Near the Water (Shoreland Zoning) Kittery's Shoreland Overlay covers land within 250 feet of rivers, saltwater and coastal wetlands (75 feet of streams). New houses and accessory structures generally must be at least 100 feet from the water or wetland edge, and devegetated area is capped at 20% of the lot in most residential zones. Expanding a nonconforming building inside the setback needs Planning Board approval and is capped at 1,000 sq ft of total footprint or 30% over the 1989 footprint, whichever is greater.Allowed with board review
Docks, Piers & Floats Yes, with Kittery Port Authority plan approval followed by a building permit from the Code Enforcement Officer. A private, non-commercial pier can be no wider than 6 feet and can extend no more than 100 feet past mean high water (and not past the low-water mark), with the full pier, ramp and float system capped at 150 feet. It must be set back 25 feet from property lines, and normally only one pier, ramp and float system is allowed per residential lot.Allowed with board review