Swimming pool rules in Lewiston, Maine
Yes, with a permit from Lewiston Planning & Code Enforcement. A swimming pool (designed for 36 inches of water or more) must be at least 10 feet from side and rear lot lines (25 feet from the front lot line on the street side) and needs a fence or wall at least 4 feet high with self-latching gates. Prefabricated pools under 24 inches deep don't need a permit; for pools 24 to 35 inches deep the rules are unclear, so ask the City.
| Setback from side/rear lot lines | 10 ft (to the waterline) [2] |
| Setback from front lot line (street side) | 25 ft [2] |
| Barrier height | At least 4 ft; aboveground pool walls can count [3] |
| Barrier openings | No gaps over 4 sq in (vertical slats max 4 in apart) [4] |
| Gates | Self-latching [5] |
| No permit needed | Prefabricated pools under 24 inches deep [7] |
| Permit fee (2013 schedule) | $35 above-ground, $80 in-ground [9] |
What counts as a pool
Lewiston's zoning code defines a swimming pool as an in-ground or above-ground container of water used for swimming or bathing and designed for a water depth of 36 inches or more [1].
Setbacks
No swimming pool may be built closer than 10 feet from the side or rear lot line to its waterline. A pool on the street side must be at least 25 feet from the front lot line to the water's edge [2]. Your district's regular setbacks in Article XI may also matter for decks and equipment.
Fence or barrier
Every outdoor swimming pool must have a good-quality fence or wall at least 4 feet high, of a character to exclude children. The walls of an aboveground pool can serve as the fence if the enclosure is sturdy, ladders and steps are secured or removed when not in use, and nothing on the wall helps someone climb in [3]. Fence openings can't be larger than 4 square inches, or 4 inches wide for vertical-post fences [4]. A house or accessory building may form part of the enclosure, and all gates or doors through it need a self-latching device [5]. A view-obstructing fence can't be closer than 15 feet to a street lot line. Pools under construction can't be left unattended without a fence or cover, and other outdoor pools not covered by these rules must be fenced, drained or covered when not in use.
Permits
Before starting work on a pool, or altering one, you must submit a permit application with plans and specifications to the code enforcement official and get a written permit; plumbing and electrical permits for the pool won't be issued until those plans are approved [6][8]. Electrical work must meet the National Electrical Code for pools. Prefabricated swimming pools less than 24 inches deep don't need a permit [7]. That leaves a gap: the code's pool definition (and so the setback and 4-foot fence rules) covers pools designed for 36 inches or more [1], while the permit exemption stops at 24 inches. A pool 24 to 35 inches deep isn't exempt from a permit, but it may count only as an "other pool," which must be fenced, drained or covered when not in use [10]. Ask Code Enforcement which rules apply before buying a pool in that range. The posted fee schedule lists $35 for an above-ground pool and $80 for an in-ground pool [9], but it dates from 2013, so confirm the current fee.
Hot tubs
We didn't find a rule that specifically addresses hot tubs or spas; ask Code Enforcement how they apply to yours.
See how Lewiston compares with 8+ other Maine towns on swimming pools →
Next steps
- Plot the pool on a site plan showing at least 10 ft from side and rear lot lines and 25 ft from the front lot line if it's on the street side.
- Plan a barrier at least 4 ft high with self-latching gates (or confirm your above-ground pool walls qualify).
- Submit the Swimming Pool Permit Application with plans to Planning & Code Enforcement (PlanningCode@lewistonmaine.gov or 27 Pine St.; 207-513-3125) before any work starts.
- After the pool permit is approved, get the electrical permit and schedule the required inspections.
Common questions
- Do I need a permit for a pool in Lewiston, Maine?
- Yes. You need a written permit from Planning & Code Enforcement before building or altering a pool. Prefabricated pools under 24 inches deep don't need one. The 2013 fee schedule lists $35 for above-ground and $80 for in-ground pools; confirm the current fee.
- How far does a pool have to be from the property line in Lewiston, Maine?
- The pool's waterline must be at least 10 feet from side and rear lot lines, and a pool on the street side must be at least 25 feet from the front lot line.
- Does a pool need a fence in Lewiston, Maine?
- Yes. Every outdoor swimming pool needs a fence or wall at least 4 feet high with self-latching gates, and no openings over 4 square inches. The walls of an above-ground pool can count if ladders and steps are secured or removed when not in use.
- What rules apply to a pool 24 to 35 inches deep in Lewiston, Maine?
- It's unclear. The pool rules cover pools designed for 36 inches or more, and the permit exemption stops at 24 inches. A pool in between isn't exempt from a permit but may count only as an "other pool" that must be fenced, drained or covered when not in use. Ask Code Enforcement.
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
- Art. II, Sec. 2 Definitions, Swimming pool, Zoning and Land Use Code (Appendix A) Article II - Definitions (as amended through Ord. 26-02, eff. 2026-03-05), p. 31
Swimming pool means a body of water in an artificial receptacle or other container, whether in the ground or above the ground, used or intended to be used for swimming or bathing and designed for a water depth of thirty-six (36) inches or more.
- Art. XII, Sec. 6(a) Placement requirements, Zoning and Land Use Code (Appendix A) Article XII - Performance Standards (as amended through Ord. 26-05, eff. 2026-03-05), p. 53
No swimming pool shall be constructed closer than ten feet from the side or rear lot line to the waterline of said swimming pool. If said swimming pool is located on the street side, it shall not be so located closer than 25 feet from the front lot line to the water's edge of said swimming pool.
- Art. XII, Sec. 6(b)(1) Enclosures, Zoning and Land Use Code (Appendix A) Article XII - Performance Standards (as amended through Ord. 26-05, eff. 2026-03-05), p. 53
There shall be erected and maintained around every outdoor swimming pool, a good quality fence or wall, no less than four feet in height and of a character to exclude children. The exterior walls of an aboveground pool may serve as the required fence, if the following conditions are satisfied:
- Art. XII, Sec. 6(b)(1) Enclosures, Zoning and Land Use Code (Appendix A) Article XII - Performance Standards (as amended through Ord. 26-05, eff. 2026-03-05), p. 53
Required fencing shall be so constructed as not to have openings, holes or gaps larger than four square inches, except for fences constructed of vertical posts or louvers, in which case, the openings shall not be greater than four inches in width to a height of four feet, with no horizontal members between the top and bottom plates.
- Art. XII, Sec. 6(b)(2) Enclosures, Zoning and Land Use Code (Appendix A) Article XII - Performance Standards (as amended through Ord. 26-05, eff. 2026-03-05), p. 53
All gates or doors opening through such enclosure shall be equipped with a self-latching device for keeping the gate or door securely locked at all times when not in actual use.
- Art. XII, Sec. 6(f)(1) Construction permit and approval, Zoning and Land Use Code (Appendix A) Article XII - Performance Standards (as amended through Ord. 26-05, eff. 2026-03-05), p. 54
Before work is commenced on the construction of swimming pools, or on any alteration, addition, remodeling or other improvement to a swimming pool, an application for a permit to construct and the plans and specifications and pertinent explanatory data shall be submitted to the code enforcement official for his approval,
- Art. V, Sec. 5(c)(4) Permits not required, Zoning and Land Use Code (Appendix A) Article V - Administration and Enforcement (as amended through Ord. 26-03, eff. 2026-03-05), p. 8
Prefabricated swimming pools that are less than 24 inches deep.
- Art. V, Sec. 5(a)(4) 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 swimming pool regulated in accordance with Article XII, Section 6 of this code;
- Building Permit Fee Schedule, Swimming Pools (updated 4/16/2013), Building Permit Fee Schedule (updated 4/16/2013, effective 7/01/2013), p. 1
Above Ground Swimming Pool $35 In-ground Swimming Pool $80
- Art. XII, Sec. 6(e) Other pools, Zoning and Land Use Code (Appendix A) Article XII - Performance Standards (as amended through Ord. 26-05, eff. 2026-03-05), p. 53
Other pools. Any other outdoor pool not covered by this section must be fenced, drained or covered when not in use.