Fence height rules in Ogunquit, Maine
You need a Code Enforcement Officer permit for any new, altered or relocated fence in Ogunquit. In the residential districts fences can be up to 6 feet tall. In any shoreland zone, including Resource Protection, the limit is 4 feet, and the fence can't block views of the water from a public way.
| Permit required | Yes, from the Code Enforcement Officer for any new, altered or relocated fence [1] |
| Max height (OFR, R, RR1, RR2, GB1, GB2, LB, Farm) | 6 feet [2] |
| Max height (shoreland zones incl. Resource Protection) | 4 feet [3] |
| Max height (SG1, SG2, SG3) | 4 feet [7] |
| Front vs. side/rear | No separate front-yard limit; same maximum throughout the lot [2] |
| Setback from property line | None; fences aren't 'structures' under the ordinance, in or out of the shoreland zone [6] |
| Allowed materials (residential districts) | Wood, stone, brick/concrete block, metal, vinyl or plastic [4] |
Source and date
This answer relies on the town-posted December 2020 PDF of Chapter 225 (Zoning), which includes amendments through 2019. We could not download the current codified version, so the rules may have changed since then.
Permit
You need a permit from the Code Enforcement Officer before you put up, change or move a fence [1]. Fences don't need design review, but the Code Enforcement Officer may send an application to the Planning Board for review.
Height
In the One-Family Residential, Residential, both Rural Residential, General Business 1 and 2, Limited Business and Farm districts, fences can't be taller than six feet [2]. The ordinance sets no separate, lower limit for front yards. In the SG1, SG2 and SG3 (Ogunquit Beach, Perkins Cove and Playhouse) districts, the limit is four feet, and a fence can't block the view of tidal waters from public property [7]. In the Resource Protection District or any other shoreland zone, the limit is also four feet, and a fence can't block views of tidal or inland waters or natural beauty from a public way or other public property [3].
Location
Outside the shoreland zone, fences are excluded from the definition of a "structure" [6], and inside any shoreland zone fences are also on the short list of exempted items [8]. That means the building setbacks in Table 703.1 don't apply to them, so a fence can go on or near the property line. The ordinance has no specific corner-lot sight-line rule for fences; the corner-clearance rule in §225-7.2C applies to structures and vegetation, so ask the code office if your fence is near an intersection.
Materials
In the One-Family Residential, Residential, Farm and Resource Protection districts, fences may be wood, stone, brick or concrete block, metal, vinyl or plastic [4]. In the business districts and SG1 to SG3, chain link isn't allowed [5]. The Planning Board can approve other materials as part of a broader application.
Repairs
An existing nonconforming fence damaged by fire, storm or another cause that isn't the owner's willful act may be repaired or replaced.
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Next steps
- Confirm your zoning district, including whether any part of your lot is in a shoreland zone, at the Ogunquit Code Enforcement Office.
- Apply to the Code Enforcement Officer for a fence permit with a sketch showing the fence's location, height and material.
- If your lot is in a shoreland zone, keep the fence at 4 feet or less and make sure it doesn't block water views from a public way.
Common questions
- Do I need a permit for a fence in Ogunquit, Maine?
- Yes. You need a Code Enforcement Officer permit before you put up, change or move a fence. Fences don't need design review, but the Code Enforcement Officer may send an application to the Planning Board.
- How tall can a fence be in Ogunquit, Maine?
- In the residential districts, fences can be up to 6 feet tall. In any shoreland zone, including Resource Protection, and in the SG1, SG2 and SG3 districts, the limit is 4 feet.
- How far from the property line does a fence have to be in Ogunquit, Maine?
- There is no setback. Fences aren't treated as structures under the ordinance, so Table 703.1 building setbacks don't apply and a fence can go on or near the property line. Ask the code office if your fence is near an intersection.
- Can a fence block the water view in Ogunquit, Maine?
- No. In shoreland zones, a fence can't block views of tidal or inland waters or natural beauty from a public way or other public property.
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
- §225-8.6A, Ogunquit Zoning Ordinance, Chapter 225 (town PDF), p. 78
A. No fence may be erected, altered or relocated without issuance of a permit from the Code Enforcement Officer.
- §225-8.6B(4), Ogunquit Zoning Ordinance, Chapter 225 (town PDF), p. 79
(4) In the One-Family Residential District, Residential District, Rural Residential District 1, Rural Residential District 2, General Business District 1, General Business District 2, Limited Business District and Farm District fences shall not exceed six feet in height.
- §225-8.6B(6), Ogunquit Zoning Ordinance, Chapter 225 (town PDF), p. 79
(6) In the Resource Protection District or any other Shoreland Zone fences shall: (a) Not be more than four feet in height; and (b) Not obstruct the view of tidal or inland waters and/or natural beauty from a public way or other public property.
- §225-8.6B(2), Ogunquit Zoning Ordinance, Chapter 225 (town PDF), p. 78
(2) In the One-Family Residential District, Residential District, Farm District, Resource Protection District and those portions of the Shoreland Overlay District that overlay said districts fences may be made of wood, stone, brick or other concrete type blocks, metal, vinyl or other plastics and vinyl-covered or other plastic-covered wood or metal.
- §225-8.6B(1), Ogunquit Zoning Ordinance, Chapter 225 (town PDF), p. 78
(1) Fences shall only be made of natural, stained or painted wood, stone, or metal, wrought iron, or vinyl or other plastics and vinyl-covered or other plastic-covered wood or metal excluding chain link, within the following districts: Limited Business District, Downtown Business District, General Business Districts, SG1, SG2, and SG3 and those portions of the Shoreland Overlay Districts that overlay said districts.
- §225-2.2, definition of "Structure", Ogunquit Zoning Ordinance, Chapter 225 (town PDF), p. 33
Outside of any Shoreland Zone, the following items shall be exempted from the definition of a structure: signs, sidewalks, walkways, heat pumps, emergency generators, fences, walls, flagpoles less than 35 feet in height, patios, driveways, and parking lots including accessory bumpers and wheel stops.
- §225-8.6B(5), Ogunquit Zoning Ordinance, Chapter 225 (town PDF), p. 79
(5) In the SG1, SG2, and SG3 Districts, fences shall: [Amended 6-11-2019 ATM by Art. 5] (a) Not be more than four feet in height; and (b) Not obstruct the view of tidal waters from a public way or other public property.
- §225-2.2, definition of "Structure" (B), Ogunquit Zoning Ordinance, Chapter 225 (town PDF), p. 33
B. Within any Shoreland Zone only the following items shall be exempted from the definition of a structure: fences; heat pumps;