Swimming pool rules in Ogunquit, Maine
Yes, with a permit from the Code Enforcement Officer. Ogunquit treats above-ground and in-ground pools as accessory structures, so a pool must meet the house setbacks (20 feet front and 15 feet side and rear in the One-Family Residential and Residential districts), and the permit application needs a survey. The zoning ordinance we reviewed has no pool fence or barrier rule of its own.
| Permit required | Yes, from the Code Enforcement Officer [3] |
| Classification | Minor accessory structure (above-ground or in-ground, with decks and patios) [1] |
| Front setback (OFR, R) | 20 feet [5] |
| Side and rear setback (OFR, R) | 15 feet [5] |
| Survey with application | Mortgage loan inspection type survey showing setbacks (newer homes) [2] |
| Setback from water bodies and shoreland wetlands | 75 feet in most districts [7] |
Source date
This answer relies on the town-posted December 2020 PDF of Chapter 225 (Zoning), with amendments through 2019. The current codified version could not be downloaded, so later amendments may have changed these rules.
Permit
Building any structure requires a permit from the Code Enforcement Officer [3]. The ordinance specifically lists a swimming pool, above-ground or in-ground, along with its decks and patios, as a "minor accessory structure" [1]. The permit application must include a survey. If your house was built after Article 12 took effect (2001), that is a mortgage loan inspection type survey showing the proposed setbacks [2]. For older houses it is a Standard Boundary Survey.
Setbacks
Accessory structures must meet all dimensional requirements [4], so a pool follows the district setbacks [5]:
- One-Family Residential and Residential: 20 ft front, 15 ft side and rear.
- Rural Residential 1 and 2: 30 ft front, 20 ft side and rear.
In the quoted table rows, small footnote numbers run into the values: "Front15" is the Front row with note 15 (about hotel expansions), and "107" means 10 feet with note 7.
Corner lots must meet the front setback on each street.
Shoreland zone
Pools must be at least 75 feet from water bodies and wetlands in the shoreland zone (50 feet in SG1 and SG2) [7]. In the shoreland zones, the pool, its deck and other non-vegetated surfaces count toward the maximum lot coverage [8].
Design review and hot tubs
In the business and SG districts, a new structure visible from a public way may need a Planning Board design certificate. Private residential pools and hot tubs that aren't visible from a public way are exempt [6]. The ordinance doesn't set separate rules for hot tubs beyond that.
Fencing
We didn't find a pool-barrier requirement in the zoning ordinance. Any barrier rules would come from the building code the town enforces, so ask the code office.
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Next steps
- Confirm your zoning district and whether any part of your lot is in the shoreland zone with Ogunquit Codes & Planning (207-646-9326).
- Get a survey (mortgage loan inspection type or Standard Boundary Survey) showing the pool, deck and setbacks.
- Apply to the Code Enforcement Officer for a permit and ask what barrier or fencing requirements apply under the building code.
Common questions
- Do I need a permit to build a pool in Ogunquit, Maine?
- Yes, a permit from the Code Enforcement Officer. Above-ground and in-ground pools are minor accessory structures, and the application must include a survey.
- How far does a pool have to be from the property line in Ogunquit, Maine?
- A pool follows the district setbacks. In the One-Family Residential and Residential districts that is 20 feet front and 15 feet side and rear. In Rural Residential 1 and 2 it is 30 feet front and 20 feet side and rear.
- How close can a pool be to water in Ogunquit, Maine?
- Pools must be at least 75 feet from water bodies and wetlands in the shoreland zone, or 50 feet in SG1 and SG2. The pool and deck count toward maximum lot coverage in shoreland zones.
- Does Ogunquit, Maine require a fence around a pool?
- The zoning ordinance we reviewed has no pool fence or barrier rule of its own. Hot tubs get no separate rules beyond design review exemptions for those not visible from a public way.
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
- §225-12.10, definition of "Minor accessory structure", Ogunquit Zoning Ordinance, Chapter 225 (town PDF), p. 151
MINOR ACCESSORY STRUCTURE — A swimming pool, above ground or in-ground, with associated decks and patios and any structure with a footprint of less than 250 square feet.
- §225-12.8B, Ogunquit Zoning Ordinance, Chapter 225 (town PDF), p. 151
B. Lots improved after effective date. Every application for a permit under this chapter for the construction of a minor accessory structure, as defined in §225-12.10 of this article, on a lot where the principal structure was constructed on or after the effective date of this article shall be accompanied by a mortgage loan inspection type survey with all proposed yard dimensions and setbacks shown on the plan.
- §225-4.4B(1), Ogunquit Zoning Ordinance, Chapter 225 (town PDF), p. 48
(1) An application shall be submitted to the Code Enforcement Officer for the following activities and these activities shall not commence without a permit being issued in accordance with this section: (a) Construction or alteration of a structure;
- §225-2.2, definition of "Accessory building or structure", Ogunquit Zoning Ordinance, Chapter 225 (town PDF), p. 15
Accessory buildings or structures shall meet all dimensional requirements of this chapter.
- Table 703.1, Dimensional Requirements (Setbacks), Ogunquit Zoning Ordinance, Chapter 225 (town PDF), p. 165
Setbacks (feet) Front15 20 20 30 30 107 20 30 20 508 Note 2 Note 2 107 15 30 Note 2 Note 2 Side and rear15 15 15 20 20 109 1011 1510 1011 20 Note 2 Note 2 109 None None Note 2 Note 2
- §225-11.4A(5), Ogunquit Zoning Ordinance, Chapter 225 (town PDF), p. 141
(5) Erection of the following structures, only if not visible from a public way: residential storage sheds, private residential swimming pools, hot tubs, gazebos, and pergolas.
- Table 703.1, Setbacks, Ogunquit Zoning Ordinance, Chapter 225 (town PDF), p. 165
From water bodies and wetlands 75 75 75 75 75 75 75 75 75 75 75 50 50 75 75 75
- Table 703.1, Note 13, Ogunquit Zoning Ordinance, Chapter 225 (town PDF), p. 166
13. In the Shoreland Zones, the total area of all buildings, structures, parking lots and any other non-vegetated surfaces shall be included in the computation of maximum building coverage, and shall not exceed the indicated percentage of the lot area, or portion of the lot area thereof, located in the Shoreland Zone.