Fence height rules in Mount Desert, Maine
Mount Desert's zoning only regulates solid fences and walls over 4 ft, so a rail-type fence, or a solid fence or wall up to 4 ft tall, needs no zoning permit. A solid fence or wall over 4 ft needs a Code Enforcement Officer permit up to 6 ft, as long as it's set back 6 ft from roads and sidewalks and screened with plants. Anything taller, or anything that doesn't meet those conditions, needs Planning Board approval.
| Permit threshold (solid fence or wall) | Over 4 ft tall [1] |
| Max height with a CEO permit (solid fence or wall) | 6 ft [2] |
| Setback for a CEO-permitted solid fence (4 to 6 ft) | 6 ft from roads, sidewalks and rights-of-way [2] |
| Vegetative screening for a CEO-permitted solid fence | Covers at least 20% of the fence or wall [3] |
| Taller or non-conforming solid fences | Planning Board conditional use approval [4] |
| Fences and building setbacks | Fences aren't treated as structures for setbacks [6] |
When you need a permit
Mount Desert regulates solid fences and walls, not open ones. A solid fence or wall more than 4 ft tall, measured from the ground directly beneath it, needs either a Code Enforcement Officer permit or Planning Board conditional use approval [1]. A fence counts as solid when its solid parts visually exceed the open parts [5]. Rail fences and solid fences 4 ft or lower aren't subject to the permit rule, and the ordinance sets no height cap for open fences.
Solid fences from 4 to 6 ft
The CEO can permit a solid fence or wall up to 6 ft if it's set back 6 ft from roads, sidewalks and rights-of-way and doesn't block highway visibility [2]. You must also provide, plant and maintain a plan for plants in that 6 ft strip that cover at least 20% of the fence or wall [3]. A fence that doesn't meet these criteria, including anything over 6 ft, needs Planning Board conditional use approval [4].
Appearance
Solid fences and walls must not unduly restrict scenic views, and the structural side must not face the public view [1].
Property lines and corners
For setback purposes, fences and walls aren't considered structures, so the usual building setbacks from side and rear lines don't apply [6]. Walls (not fences) must still meet setbacks from the water. The only sight-line rule is that a CEO-permitted solid fence can't obstruct highway visibility [2]. The ordinance has no separate corner-lot rule.
Shoreland
In the Shoreland Zone, clearing vegetation to build a fence is still limited by the shoreland buffer rules.
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Next steps
- Decide whether your fence is "solid" (solid parts visually exceed the open parts) and how tall it will be.
- For a solid fence or wall over 4 ft and up to 6 ft, apply to Mount Desert Code Enforcement / Planning (207-276-5731) with a site plan showing the 6 ft setback from roads and sidewalks and a planting plan covering at least 20% of the fence.
- For anything taller than 6 ft or closer to the road, apply to the Planning Board for conditional use approval.
- Face the finished side toward the road or public view.
Common questions
- Do I need a permit for a fence in Mount Desert, Maine?
- Only for solid fences and walls over 4 ft. Rail fences and solid fences 4 ft or lower aren't subject to the permit rule. A solid fence from 4 to 6 ft needs a Code Enforcement Officer permit.
- How tall can a fence be in Mount Desert, Maine?
- A solid fence or wall can be up to 6 ft with a Code Enforcement Officer permit. Anything taller, or anything that doesn't meet the conditions, needs Planning Board conditional use approval. The ordinance sets no height cap for open fences.
- How far from the road does a fence have to be in Mount Desert, Maine?
- A permitted solid fence of 4 to 6 ft must be set back 6 ft from roads, sidewalks and rights-of-way, and covered with plants over at least 20% of the fence. For setbacks, fences aren't treated as structures, so side and rear building setbacks don't apply.
- Can a fence block a view in Mount Desert, Maine?
- Solid fences and walls must not unduly restrict scenic views, and the structural side must not face the public view.
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.
What the ordinance says
- Sec. 6B.8, Fences and walls, Land Use Zoning Ordinance, p. 51
A solid fence (as opposed to a rail or similar fence) or wall, more than four (4) feet in height, measured vertically from the ground directly beneath the fence or wall, shall require either a Code Enforcement Officer Permit or Conditional Use Approval. Such fences or walls shall not unduly restrict scenic views. The structural side of the fence shall not face the public view.
- Sec. 6B.8.1, Land Use Zoning Ordinance, p. 51
A Code Enforcement Officer Permit may be issued for solid fences or walls up to six (6) feet in height provided that: 1. A setback of six (6) feet is maintained from roads, sidewalks, and right-of- ways. 2. It does not obstruct highway visibility.
- Sec. 6B.8.1.3, Land Use Zoning Ordinance, p. 51
A plan for vegetative screening, in the six (6) foot setback area, is provided that produces a minimum of twenty (20) percent cover of the fence or wall area. The plan must be implemented and maintained.
- Sec. 6B.8.2, Land Use Zoning Ordinance, p. 52
Fences or walls that do not meet the above criteria shall require Conditional Use Approval of the Planning Board.
- Sec. 8, Definitions: Fence/Wall, Solid, Land Use Zoning Ordinance, p. 110
FENCE/WALL, SOLID: Any fence or wall in which the individual solid portions visually exceed the open portions. The individual solid portions shall not exceed twelve (12) inches in width.
- Sec. 8, Definitions: Setback, Land Use Zoning Ordinance, p. 121
For the purpose of setback requirements, fences, walls, signs, roads, parking areas, footpaths, sidewalks & driveways shall not be considered structures, except that roads, sidewalks, walls, parking areas, and driveways must meet shoreline setbacks.