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Short-term rental (Airbnb) rules in Kittery, Maine

Kittery, York County · Ordinances checked 2026-10-01 · Reviewed · 12 cited sections

Allowed with a permit

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.

License requiredYes, from the Code Enforcement Officer, for stays under 30 days [2]
RenewalEvery year [3]
Who can applyOnly the property owner [6]
Occupancy limit2 adults per bedroom, 1 rental contract at a time [7]
CapNone for owner-occupied and seasonal units; capped for others [5]
Units per buildingNo more than 2 licensed STR units [4]
Emergency contact response time60 minutes or less [8]
Penalty$500 per violation, each day a separate offense [10]

License

Kittery's Short-Term Rental chapter covers any dwelling unit, room or ADU rented for less than 30 consecutive days for compensation. Hotels, B&Bs and rentals of 30 days or more are excluded. "No person may advertise or operate a short-term rental unit without a license issued by the Code Enforcement Officer" [2]. Licenses expire one year after they're issued and must be renewed every year [3]. They can't be transferred, and a change in ownership requires a new license. Fees are set in Appendix A, which wasn't in the text we reviewed.

Caps and owner-occupancy

A building can have no more than two licensed STR units [4]. Licenses for owner-occupied units and seasonal dwellings aren't capped. All other licenses are capped: the baseline is the number of valid non-owner-occupied licenses as of January 24, 2023, and each year's total can grow by at most 10% [5]. "Owner-occupied" means the owner lives at the property at least 183 days in a tax year, and it can cover the owner's unit plus one more unit on the property. Only the owner of record can apply [6].

Operating rules

  • At most one rental contract per unit at a time and two adults per bedroom, unless the Code Enforcement Officer and Fire Chief approve more after an inspection [7].
  • A contact person must be able to respond to complaints within 60 minutes [8].
  • Show the license number inside the unit and in every ad.
  • On-site parking must cover the home's required spaces plus one space for each STR unit [9]. Tandem parking is allowed.
  • Properties with tax liens or foreclosures can't be licensed.

Enforcement

The Code Enforcement Officer can deny, suspend or revoke a license for violations, including three or more substantiated violations in 12 months. Each violation carries a $500 penalty, and each day counts as a separate offense [10]. Appeals go to the Board of Appeals.

ADUs

The STR chapter's definition includes accessory dwelling units, but Title 16 (2022 version) says an ADU "may not be rented to the same person or party for less than a thirty-day period" [11], so most ADUs can't serve as short-term rentals. ADUs that had a certificate of occupancy, or an active building permit, as of April 28, 2020 are exempt from that rule [12].

See how Kittery compares with 8+ other Maine towns on short-term rentals (airbnb / vrbo) →

Next steps

  1. Confirm you qualify as owner-occupied (domiciled at the property 183+ days a year) or seasonal, or ask Code Enforcement whether a capped non-owner-occupied license is available.
  2. Apply to Kittery Code Enforcement (207-475-1304) for a short-term rental license, paying the fee in Appendix A of the Town Code.
  3. Bring a parking plan (house spaces plus one per STR unit), the bedroom count for the occupancy limit, and an emergency contact who can respond within 60 minutes.
  4. Put your license number in every listing and post it inside the unit. Renew every year.
  5. Register with Maine Revenue Services for lodging tax if you rent 15 or more days a year.

Common questions

Do I need a license for an Airbnb in Kittery, Maine?
Yes. You need an annual short-term rental license from Kittery's Code Enforcement Officer for any rental of less than 30 consecutive days. Only the property owner can apply.
Are short-term rentals capped in Kittery, Maine?
Licenses for owner-occupied units and seasonal dwellings aren't capped, but licenses for other units are limited. A building can have no more than two licensed STR units.
How many guests can stay at a short-term rental in Kittery, Maine?
Two adults per bedroom, with one rental contract at a time, unless the Code Enforcement Officer and Fire Chief approve more after an inspection.
What are the penalties for an unlicensed short-term rental in Kittery, Maine?
$500 per violation, and each day counts as a separate offense. The Code Enforcement Officer can also deny, suspend or revoke a license.
Can I rent my ADU as a short-term rental in Kittery, Maine?
Mostly no. The STR chapter's definition includes ADUs, but Title 16 says an ADU may not be rented to the same person or party for less than 30 days, with an exemption for ADUs that had a certificate of occupancy or active permit as of April 28, 2020.

Maine state rules for short-term rentals

No statewide STR license. Maine has no state registration or permit for Airbnb/VRBO hosts. State law instead lets each town regulate short-term rentals (30-A M.R.S. §4364-C(2), passed in 2022). Check your town's rules.

Lodging tax (Maine Revenue Services):

  • Rentals of living quarters are taxed at 9%, still the rate in 2026.
  • Booking platforms such as Airbnb and VRBO must register with the state and collect the tax on bookings made through them.
  • If you rent a single unit for fewer than 15 days a year, you generally aren't a "retailer" and don't need to register.
  • If you rent 15 days or more in a year, you must register with Maine Revenue Services and collect tax on any bookings you take directly.
  • A stay of 28+ days in a row is tax-exempt only in certain cases, such as when the unit is the guest's primary residence.

No state lodging license for vacation rentals. Maine's lodging-license law leaves out "vacation rentals," meaning homes rented to people with a permanent home elsewhere. B&Bs, inns and hotels do need a license.

ADUs: Starting July 1, 2027, towns can't require ADU owners to live on the property. State guidance says towns can still regulate STRs, for example by requiring registration or banning STRs in ADUs.

State sources: 30-A M.R.S. §4364-C (municipalities may regulate short-term rentals) · Maine Revenue Services Instructional Bulletin 32: Rental of Living Quarters (Mar. 2026) · Maine Revenue Services: Sales and Use Tax Rates · 22 M.R.S. §2491 (lodging place / vacation rental definitions) · Maine Office of Community Affairs, Housing Legislation Guidance (March 2026)

What the ordinance says

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

  1. Chapter 5.12, Definitions: Short-term rental, Chapter 5.12: Short-Term Rental, p. 1
    The use, control, management or operation of a dwelling unit or accessory dwelling unit, in whole or in part for dwelling, sleeping or lodging purposes for periods of fewer than 30 consecutive days; for compensation, directly or indirectly.
  2. Chapter 5.12, License required (amended 1-25-2022), Chapter 5.12: Short-Term Rental, p. 1
    No person may advertise or operate a short-term rental unit without a license issued by the Code Enforcement Officer.
  3. Chapter 5.12, License required, Chapter 5.12: Short-Term Rental, p. 1
    Short-term rental licenses must be renewed on an annual basis. Each license issued under this chapter expires one year from issuance.
  4. Chapter 5.12, License limits (amended 1-25-2022), Chapter 5.12: Short-Term Rental, p. 1
    A building or structure may have no more than two licensed short-term rental units in it at any given time.
  5. Chapter 5.12, License limits, Chapter 5.12: Short-Term Rental, p. 1
    There is to be no cap on the number of short-term rental licenses issued to owner-occupied units and seasonal dwellings as defined by this title.
  6. Chapter 5.12, Standards: Owner, Chapter 5.12: Short-Term Rental, p. 1
    Owner: Only the owner of the property can apply for the dwelling unit to be used for short-term rental.
  7. Chapter 5.12, Standards: Occupancy limits, Chapter 5.12: Short-Term Rental, p. 1
    No more than two adults per bedroom are allowed, unless otherwise approved by the Code Enforcement Officer and the Fire Chief or their respective designees.
  8. Chapter 5.12, Standards: Emergency contact, Chapter 5.12: Short-Term Rental, p. 1
    One of the emergency contact people must be able to respond within 60 minutes or less to complaints regarding the condition, safety or operation of the dwelling unit as a short-term rental, or the conduct of guests, and take remedial action to resolve such complaints.
  9. Chapter 5.12, Standards: Parking, Chapter 5.12: Short-Term Rental, p. 1
    The total number of on-site parking spaces will be the calculated as the number of spaces required for the dwelling unit per § 16.8.9.4 plus one parking space for each short-term rental unit on the property. Tandem parking is permitted.
  10. Chapter 5.12, Penalties (amended 1-25-2022), Chapter 5.12: Short-Term Rental, p. 1
    Any violation of this chapter will be assessed a penalty of $500. Each day any violation of this chapter continues constitutes a separate offense.
  11. Title 16 § 16.5.3.D(3) ADU use standards, Title 16 Land Use and Development Code as adopted January 24, 2022 (recodification), p. 216
    (3) Use Standards. The accessory dwelling unit may not be rented to the same person or party for less than a thirty-day period.
  12. Title 16 § 16.5.3.B(2) ADU applicability, Title 16 Land Use and Development Code as adopted January 24, 2022 (recodification), p. 214
    (2) Accessory dwelling units that have a valid certificate of occupancy or have vested rights in the permitting process with an active building permit as of April 28, 2020 are exempted from the use standard, § 16.5.3.D(3).
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?