Swimming pool rules in Kittery, Maine
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.
| Pool-specific rules in Title 16 | None found (only a pool-draining rule) [6] |
| Counts as a structure | Yes, if built with a fixed location on or in the ground (inferred) [1] |
| Permit | Code Enforcement Officer permit for any structure [2] |
| Required side/rear yards | Must be unoccupied by any structure [3] |
| R-S front yard / side and rear yards | 40 ft / 15 ft [4] |
| Counts toward building coverage | No, unless it is also a building [5] |
| Draining a pool | Dechlorinated to 0.5 ppm or less; wait 48 hours after chemicals [6] |
No pool-specific rules
The 2022 Title 16 we reviewed doesn't mention swimming pools or hot tubs as a use, sets no pool setback, and has no fence or barrier requirement. The only pool-specific text is a stormwater rule on draining pools [6]. So this answer relies on general rules, and it's an inference.
A pool is likely a structure
Title 16 defines a structure as anything "constructed or erected with a fixed location on or in the ground" [1]. An in-ground pool, and most above-ground pools, fit that definition. A portable hot tub that just sits on a deck or patio may not, but the deck itself is a structure.
Permit
No structure may be built without a permit from the Code Enforcement Officer [2]. Plan to apply before you dig or set up the pool.
Setbacks
Title 16 defines front, side and rear yards as open areas "unoccupied by any structure" [3], so a pool has to meet your zone's yard minimums. In Residential-Suburban (R-S), that's a 40-foot front yard and 15-foot side and rear yards [4]. Other zones differ. The smaller 10-foot setback for accessory buildings in some zones may not cover a pool, since a pool isn't a building. Ask the CEO how they apply it.
Coverage
Structures that aren't buildings don't count toward building coverage [5], so an open pool shouldn't count toward the coverage limit. A pool house does.
Draining
You may only drain pool water into the storm system if it's dechlorinated to 0.5 ppm or less, and only 48 hours or more after chemical treatment [6].
Near the water
In the Shoreland Overlay, a pool is a structure, so it must meet the shoreland setback from the water or wetland edge (100 feet in most zones) under § 16.4.28, and the paved or devegetated area around it counts toward the shoreland coverage cap. Separately, Table 16.5.30 sets setbacks for buildings and structures from wetlands and water bodies of 50 to 100 feet depending on their size. See the shoreland topic.
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.
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Next steps
- Find your zone on Kittery's zoning map and look up its front, side and rear yard minimums in Chapter 16.4.
- Draw a plot plan showing the pool, equipment, any deck and the distances to each lot line.
- Apply for a permit with Kittery Code Enforcement (207-475-1304) and ask which fence or barrier rules apply to pools and hot tubs.
- If your lot is in the Shoreland Overlay, check the water-body setbacks before you pick a spot.
Common questions
- Do I need a permit for a swimming pool in Kittery, Maine?
- Probably yes. The 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. This is an inference, so confirm with Code Enforcement.
- How far from the property line must a pool be in Kittery, Maine?
- It depends on your zone. In Residential-Suburban (R-S), that's a 40-foot front yard and 15-foot side and rear yards. The smaller 10-foot setback for accessory buildings may not cover a pool, so ask the Code Enforcement Officer.
- Does Kittery, Maine require a fence around a pool?
- The code sets no pool fence or barrier rule. Ask Code Enforcement which building code barrier rules apply to pools and hot tubs.
- Can I drain my pool into the storm drain in Kittery, Maine?
- Only if it's dechlorinated to 0.5 ppm or less, and 48 hours or more after chemical treatment.
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
- § 16.3.2 Definitions: Structure, Title 16 Land Use and Development Code as adopted January 24, 2022 (recodification), p. 84
STRUCTURE 1548 Anything built for the support, shelter or enclosure of persons, animals, goods or property 1549 of any kind, or anything constructed or erected with a fixed location on or in the ground, or 1550 attached to something having a fixed location on or in the ground. The term includes decks.
- § 16.2.8.A Building/Regulated Activity Permits: Permit, Title 16 Land Use and Development Code as adopted January 24, 2022 (recodification), p. 22
A. Permit. No building, including municipal buildings, or structure may be erected, moved, added to or otherwise structurally altered and no regulated activity is to commence without a permit, issued by the Code Enforcement Officer and in compliance with all applicable state and federal requirements.
- § 16.3.2 Definitions: Yard, Side, Title 16 Land Use and Development Code as adopted January 24, 2022 (recodification), p. 92
YARD, SIDE 1836 An open area unoccupied by any structure, excluding cornices, eaves or gutters projecting 1837 not more than 24 inches, on the same lot with the building situated between the building and 1838 the side line of the lot and extending from the front yard to the rear yard.
- § 16.4.11.D(2) R-S Dimensional standards, Title 16 Land Use and Development Code as adopted January 24, 2022 (recodification), p. 100
(d) Minimum front yard: 40 feet. (e) Maximum building coverage: 20%. (f) Minimum rear and side yards: 15 feet
- § 16.3.2 Definitions: Building Coverage, Title 16 Land Use and Development Code as adopted January 24, 2022 (recodification), p. 47
Pet shelters, playground equipment, tree houses, and structures that are not also "buildings" are not used in calculating building coverage.
- § 16.5.19 Nonstormwater Discharge (exempt discharges), Title 16 Land Use and Development Code as adopted January 24, 2022 (recodification), p. 268
Pools may only be emptied a minimum 1933 of 48 hours after any chemical treatments were added.