Town Permit Guide

Home › Maine › Kittery › Fences

Fence height rules in Kittery, Maine

Kittery, York County · Ordinances checked 2026-10-01 · Reviewed · 4 cited sections

Allowed

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.

Height at which a fence becomes a 'structure'8 feet [1]
Setback for fences under 8 ftNone found; required yards only exclude structures [2]
Wetland and water body setback for fences (Table 16.5.30)0 ft, for wetlands and water bodies of every size [4]
Kittery Foreside (MU-KF)No chain-link or stockade fences in front yards [3]

Fences under 8 feet

Kittery's Title 16 defines a structure broadly, but "the term does not include fences less than eight feet in height" [1]. The code defines required front, side and rear yards as areas "unoccupied by any structure" [2]. So a fence under 8 ft isn't held to the zone's yard setbacks, and we found no general front-yard or side-yard height limit for residential fences in the code we reviewed. A fence of 8 ft or more counts as a structure and must meet the setbacks for your zone. A fence the Planning Board or Town Planner requires to be taller, such as screening, is also excluded from the definition.

Kittery Foreside (MU-KF)

In the Foreside zone, projects covered by the design standards follow fence rules: fences must harmonize with nearby structures and not unduly block scenic views. Picket and other medium-height fences and low stone walls are allowed, and modern concrete walls are prohibited. "Chain-link and stockade fences are not appropriate in front yards" [3]. They may be used in side and rear yards only if they fit the overall design. These standards apply to new buildings and to large additions (more than 30% footprint or volume growth since April 1, 2005).

Near the water

Table 16.5.30, Kittery's minimum setbacks from wetlands and water bodies, groups fences with utility poles, flagpoles, signs and drainage structures and lists 0 ft in all three wetland-size columns [4], so a fence doesn't need to meet a wetland or water setback. Clearing vegetation to install one is still limited by the shoreland rules.

Corner lots and screening

We found no residential corner-lot sight-triangle rule for fences. Commercial projects and some developments must provide screening fences at least 6 ft tall, but those rules apply through Planning Board review, not to a homeowner's fence.

Source date

This answer comes from the Title 16 recodification as adopted January 24, 2022. Kittery has amended Title 16 since, so check the current text.

See how Kittery compares with 8+ other Maine towns on fences →

Next steps

  1. Confirm your property line with a survey or existing pins before building at the line.
  2. If you want a fence 8 ft or taller, ask Kittery Code Enforcement (207-475-1304) what setback and permit apply in your zone.
  3. If you're in the Kittery Foreside (MU-KF) zone, avoid chain-link or stockade fencing in the front yard.

Common questions

How tall can a fence be in Kittery, Maine?
The 2022 code we reviewed has no fence section or residential height limit. A fence under 8 feet tall doesn't count as a structure, while a fence 8 feet or taller does and must meet your zone's setbacks.
How close to the property line can I build a fence in Kittery, Maine?
A fence under 8 feet isn't held to yard setbacks and can generally go up to the property line. Confirm your line with a survey. Kittery has amended Title 16 since 2022, so check the current text.
Are there special fence rules in the Kittery Foreside?
Yes. In the Kittery Foreside (MU-KF) zone, chain-link and stockade fences aren't appropriate in front yards, and fences must harmonize with nearby structures and not unduly block scenic views.
Can I put a fence near the water in Kittery, Maine?
A fence doesn't need to meet a wetland or water setback, since the table lists 0 ft for fences. Clearing vegetation to install one is still limited by the shoreland rules.

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.

State sources: 17 M.R.S. §2801 (Spite fences) · 30-A M.R.S. §2951 (Legal fences) · 30-A M.R.S. §2952 (Maintenance of partition fences) · 30-A M.R.S. §2953 (Fence viewers) · DEP Chapter 1000 (definition of 'structure' excludes fences)

What the ordinance says

Exact text from Kittery's published ordinances. Section numbers are as printed in the source.

  1. § 16.3.2 Definitions: Structure, Title 16 Land Use and Development Code as adopted January 24, 2022 (recodification), p. 84
    The term does not include fences less than eight feet in height, nor any required by the 1552 Planning Board or Town Planner to be taller; flagpoles no higher than 50 feet in height; 1553 signs located in conformance with § 16.5.23; and electricity generators and propane and oil 1554 tanks for residential use only and the pads on which they are located, provided the pad is 1555 less than 20 square feet in size.
  2. § 16.3.2 Definitions: Yard, Rear, Title 16 Land Use and Development Code as adopted January 24, 2022 (recodification), p. 92
    An open area unoccupied by any structure, excluding cornices, eaves or gutters projecting 1833 not more than 24 inches, on the same lot with the building between the rear line of the 1834 building and the rear line of the lot and extending the full width of the lot.
  3. § 16.4.25.D(4)(f) MU-KF Design standards: Fencing and walls, Title 16 Land Use and Development Code as adopted January 24, 2022 (recodification), p. 192
    [5]. Chain-link and stockade fences are not appropriate in front yards and may be 4024 used in side and rear yards only if compatible with the overall design of the 4025 site.
  4. Table 16.5.30 Minimum Setbacks from Wetlands and Water Bodies, Title 16 Land Use and Development Code as adopted January 24, 2022 (recodification), p. 299
    Local distribution utility pole, fence, 0 0 0
This page summarizes Kittery's posted ordinances as of 2026-10-01. Ordinances are amended, and individual lots can have overlays, subdivision covenants, or HOA rules that are stricter. Confirm with Code Enforcement (Planning & Development) (207-475-1304 (Development Staff Clerk); CEOs 207-475-1305 / 207-475-1308) before you build. Spot an error?