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Fence height rules in Lewiston, Maine

Lewiston, Androscoggin County · Ordinances checked 2026-10-16 · Reviewed · 9 cited sections

Allowed with a permit

In Lewiston a fence in the required front setback can be no taller than 3.5 feet, and one in the side or rear setback no taller than 8 feet; corner cutbacks are limited to about 3 feet (3.5 feet if mostly open). The zoning code requires a permit for fences 3.5 feet or taller, while the City's FAQ says a fence permit is required (no height threshold), so plan on applying to Planning & Code Enforcement. Front-setback fences also need Code Enforcement approval for street safety.

Max height in front setback3.5 feet [1]
Max height in side/rear setback8 feet [1]
Corner cutbackNo obstruction over 3 ft; fences up to 3.5 ft if no more than 10% solid [2]
Front-setback fencesRequire Code Enforcement approval [4]
Permit requiredOrdinance: fences 3.5 ft or taller; City FAQ: a permit is required (no threshold given) [6]
On the property lineAllowed; offset recommended for maintenance [7]
Permit fee (2013 schedule)$25 [8]
Barbed wireNot allowed below 6 ft except RA agricultural use [5]

Height limits

Lewiston's zoning code (Article XII, Sec. 7) caps walls and fences at 3.5 feet in a required front setback and 8 feet in a required side or rear setback [1]. Height is measured from the top of the existing curb grade or the crown of the abutting street, whichever is lower [3]. Outside the required setbacks the section sets no separate fence height.

Corner lots

Within a corner cutback, no wall, fence, landscaping or other visual obstruction more than 3 feet tall is allowed [2], but a fence up to 3.5 feet is permitted there if its surface is no more than 10 percent solid [9]. On a corner lot, the side facing the side street must meet the front setback requirement, so the 3.5-foot front-setback limit generally applies on both street sides.

Location and approval

Fences within the front setback require Code Enforcement approval to ensure street safety [4]. The City's FAQ says a fence may be located on the property line, but recommends setting it back enough to maintain both sides without crossing onto the neighbor's land [7]. The code doesn't say which side of the fence must face out. Barbed wire is not allowed below 6 feet, except in the Rural Agricultural district with an agricultural use [5]. The code enforcement official can allow modifications after an on-site inspection, with notice to directly affected abutters.

Permit

The zoning code (Article V, Sec. 5(a)(2)) requires a permit for a wall or fence 3.5 feet or taller [6]. The City's FAQ, though, answers "Yes. A permit is required" with no height threshold and asks for the fence's length and height [7]. Because the two differ, ask Planning & Code Enforcement before putting up a fence under 3.5 feet without a permit. The Fence Permit Application also asks for type, cost and whether it's in the front or rear yard. The posted fee schedule lists $25 for fences [8], but that schedule dates from 2013, so confirm the current fee.

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Next steps

  1. Find your front, side and rear setback lines (and any corner cutback) using the City's GIS map and your district's setbacks in Article XI.
  2. Keep the fence at 3.5 ft or lower in the front setback and 8 ft or lower in side and rear setbacks.
  3. Fill out the Fence Permit Application (type, length, height, front/rear yard, cost) from the City's Permits page.
  4. Email it to PlanningCode@lewistonmaine.gov or mail it to Planning & Code Enforcement, 27 Pine St.; staff will tell you the fee (call 207-513-3125 to pay by card).

Common questions

Do I need a permit for a fence in Lewiston, Maine?
Plan on it. Lewiston's zoning code requires a permit for fences 3.5 feet or taller, and the City's FAQ says a fence permit is required without any height threshold. Apply to Planning & Code Enforcement with the fence's type, length, height and location. The 2013 fee schedule lists $25; confirm the current fee.
How tall can a fence be in Lewiston, Maine?
A fence in the required front setback can be no taller than 3.5 feet, and one in a side or rear setback no taller than 8 feet. In a corner cutback, obstructions are limited to 3 feet, though a fence up to 3.5 feet is allowed if it is no more than 10 percent solid.
Can I put a fence on the property line in Lewiston, Maine?
Yes. The City's FAQ says a fence may be located on the property line, but recommends setting it back enough to maintain both sides without crossing onto the neighbor's land. Fences within the front setback also need Code Enforcement approval for street safety.
Is barbed wire allowed on fences in Lewiston, Maine?
Not below 6 feet, except in the Rural Agricultural district with an agricultural use.

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 Lewiston's published ordinances. Section numbers are as printed in the source.

  1. Art. XII, Sec. 7(a)(1)-(2) Walls and fences, Zoning and Land Use Code (Appendix A) Article XII - Performance Standards (as amended through Ord. 26-05, eff. 2026-03-05), p. 54
    No wall or fence in a required front setback may exceed three and one- half feet in height, except as provided below. (2) Side and rear setbacks. No wall or fence in a required side or rear setback may exceed eight feet in height, except as provided below.
  2. Art. XII, Sec. 7(a)(3) Corner cutbacks, Zoning and Land Use Code (Appendix A) Article XII - Performance Standards (as amended through Ord. 26-05, eff. 2026-03-05), p. 54
    No wall, fence, building, landscaping or other visual obstruction more than three feet in height is permitted within a corner cutback, except that part of a building more than eight feet in height, which is not otherwise prohibited, and except as provided below.
  3. Art. XII, Sec. 7(a)(4) Height measurement, Zoning and Land Use Code (Appendix A) Article XII - Performance Standards (as amended through Ord. 26-05, eff. 2026-03-05), p. 54
    For purposes of this section, the height of walls, fences, buildings, landscaping and other structures shall be measured from the top of the existing curb grade or the crown of the abutting street, whichever is lower.
  4. Art. XII, Sec. 7(b)(1) Location of walls and fences, Zoning and Land Use Code (Appendix A) Article XII - Performance Standards (as amended through Ord. 26-05, eff. 2026-03-05), p. 54
    Walls and fences to be placed within the front setback require approval of Code Enforcement to ensure street safety.
  5. Art. XII, Sec. 7(e) Barbed wire, Zoning and Land Use Code (Appendix A) Article XII - Performance Standards (as amended through Ord. 26-05, eff. 2026-03-05), p. 55
    No barbed wire fencing is permitted below a height of six feet, except in the rural-agricultural district in conjunction with an agricultural use.
  6. Art. V, Sec. 5(a)(2) Administrative procedures, Zoning and Land Use Code (Appendix A) Article V - Administration and Enforcement (as amended through Ord. 26-03, eff. 2026-03-05), p. 8
    The construction/ installation of a wall or fence 3.5 feet or greater in height in accordance with Article XII, Sec. 7;
  7. Planning & Code Enforcement FAQ: Do I need a permit to build a fence?, Planning & Code Enforcement FAQs (fence permits, chickens, zoning), p. 1
    Yes. A permit is required from this department. We need to know the length and height of the proposed fence when applying for the permit. A fence may be located on the property line.
  8. Building Permit Fee Schedule, All Structures (updated 4/16/2013), Building Permit Fee Schedule (updated 4/16/2013, effective 7/01/2013), p. 1
    All Structures Fences $25
  9. Art. XII, Sec. 7(f)(1) Corner cutbacks, Zoning and Land Use Code (Appendix A) Article XII - Performance Standards (as amended through Ord. 26-05, eff. 2026-03-05), p. 55
    Fences not more than three and one-half feet in height are permitted in a corner cutback, provided the vertical surface is not more than ten percent solid.
This page summarizes Lewiston's posted ordinances as of 2026-10-16. Ordinances are amended, and individual lots can have overlays, subdivision covenants, or HOA rules that are stricter. Confirm with Planning & Code Enforcement Department (City Hall, 27 Pine St., 3rd floor) (207-513-3125) before you build. Spot an error?