Swimming pool rules in Mount Desert, Maine
Probably yes, with a permit. Mount Desert's zoning has no pool-specific rules, but a pool built in or on the ground is a "structure," so it likely needs a Code Enforcement Officer permit as an accessory structure and must meet your district's setbacks. A pool big enough for more than 10 people may count as an outdoor recreation facility, which needs Planning Board approval.
| Is a pool a structure? | Yes, anything built on, above or below the ground surface [1] |
| Accessory structure permit (Village Residential 1-2, Residential, Shoreland Residential, Rural/Woodland) | Code Enforcement Officer permit [2] |
| Pools for more than 10 people (outdoor recreation facility) | Planning Board conditional use approval in most districts [4] |
| Property-line setback, Village Residential 1 / Village Residential 2 / Residential 1 / Residential 2 | 10 ft / 15 ft / 15 ft / 25 ft [5] |
| Shoreland setback | 75 ft from streams and wetland edges including tidal; 100 ft from most great ponds [6] |
No pool-specific rules
We found no residential pool section in Mount Desert's Land Use Zoning Ordinance. It doesn't set pool setbacks, fencing or barrier rules, or treat above-ground and in-ground pools differently. Hot tubs aren't mentioned.
Pools as structures
The ordinance defines a structure as anything built or placed for the support or enclosure of property, or anything constructed on, above or below the surface of the land [1]. An in-ground or fixed above-ground pool fits that definition. Accessory structures need a Code Enforcement Officer permit in the village residential, residential, shoreland residential and rural districts [2], and must meet district setbacks. For example, property-line setbacks are 10 ft in Village Residential 1, 15 ft in Village Residential 2 and Residential 1, and 25 ft in Residential 2 [5]. In the Shoreland Residential and Rural/Woodland districts they're 25 ft. Lot coverage limits also apply.
Larger pools
"Outdoor recreation facilities" are defined to include swimming pools that can hold more than 10 people [3]. Non-commercial outdoor recreation facilities, such as for swimming, need Planning Board conditional use approval in every district except Resource Protection, Stream Protection and Village Residential 3, where they're prohibited [4]. The ordinance doesn't say how to judge a pool's capacity, so ask the CEO which route applies.
Near the water
In the Shoreland Zone a pool must meet the structure setback: 75 ft from streams and the upland edge of wetlands, including tidal areas, or 100 ft from most great ponds [6]. It also counts toward the 20% non-vegetated coverage limit.
Fencing
Pool barrier requirements usually come from the building code. The town's Building Code isn't among the documents we reviewed, so ask Code Enforcement about fencing. The state rules on this page also apply.
See how Mount Desert compares with 8+ other Maine towns on swimming pools →
Next steps
- Ask Mount Desert Code Enforcement / Planning (207-276-5731) whether your pool needs a CEO accessory-structure permit or Planning Board approval, and what fencing the building code requires.
- Prepare a scaled site plan showing the pool, equipment and distances to property lines, roads and any water.
- If you're in the Shoreland Zone, confirm the pool meets the 75 or 100 ft water setback and the 20% coverage limit.
Common questions
- Do I need a permit to build a pool in Mount Desert, Maine?
- Probably yes. The zoning has no pool-specific rules, but a pool built in or on the ground is a structure, so it likely needs a Code Enforcement Officer permit as an accessory structure and must meet your district's setbacks.
- How far does a pool have to be from the property line in Mount Desert, Maine?
- Property-line setbacks are 10 ft in Village Residential 1, 15 ft in Village Residential 2 and Residential 1, and 25 ft in Residential 2.
- When does a pool need Planning Board approval in Mount Desert, Maine?
- A pool that can hold more than 10 people may count as an outdoor recreation facility, which needs Planning Board conditional use approval in most districts. The ordinance doesn't say how to judge capacity, so ask the Code Enforcement Officer.
- Can I build a pool near the water in Mount Desert, Maine?
- In the Shoreland Zone a pool must be 75 ft from streams and wetland edges, or 100 ft from most great ponds. It also counts toward the 20% non-vegetated coverage limit.
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
- Sec. 8, Definitions: Structure, Land Use Zoning Ordinance, p. 122
STRUCTURE: Anything temporarily or permanently located, built, constructed, or erected, for the support, shelter or enclosure of persons, animals, goods or property of any kind or anything constructed or erected on, above, or below the surface of the land, or water.
- Sec. 3.4, Permitted, Conditional, and Excluded Uses by District (table), Land Use Zoning Ordinance, p. 14
Accessory structures including CEO CEO CEO CEO CEO CEO C C8 C4 X structural additions and guest houses
- Sec. 8, Definitions: Recreation Facilities - Outdoor, Land Use Zoning Ordinance, p. 118
RECREATION FACILITIES - OUTDOOR: Include swimming pools, tennis courts, playing fields, basketball courts, golf courses, and other recreational facilities which are not in any way permanently enclosed by a building or structure and capable of accommodating more than ten (10) persons.
- Sec. 3.4, table: Recreational (non-commercial), Land Use Zoning Ordinance, p. 15
Outdoor recreation facilities, such as for C C C C C C C X X X tennis, golf, boating, swimming
- Sec. 3.5, Dimensional Requirements (VR1, VR2, R1, R2), Land Use Zoning Ordinance, p. 22
10 ft 15 ft 15 ft 25 ft private roads or property lines**
- Sec. 6C.8.1.3, Setback, Land Use Zoning Ordinance, p. 89
All new principle and accessory structures shall be set back at least seventy- five (75) feet, horizontal distance, from the normal high-water line of streams, tributary streams, or the upland edge of a wetland.