Fence height rules in Portland, Maine
In Portland's residential zones, a fence or wall within 15 feet of the street can be no more than 4 feet tall unless it sits in the side or rear yard. The Land Use Code sets no height cap for side and rear yards and doesn't require fences to meet setbacks; on corner lots, keep anything in the 25-foot corner sight triangle under 3½ feet. We found no rule saying whether a fence needs a permit, so ask Permitting & Inspections before you build.
| Max height within 15 ft of the street (residential zones) | 4 feet, unless the fence is in the side or rear yard [1] |
| Max height, side/rear yard | No general limit found in the Land Use Code for residential zones [1] |
| Setback from property line | None: setbacks do not apply to fences [4] |
| Corner-lot sight triangle | Nothing over 3½ ft within a triangle 25 ft from the corner along each curbline [3] |
| Is a fence a 'structure'? | No, fences are excluded from the definition [2] |
Height limits
Portland's Land Use Code has one main fence rule for residential zones: "no wall or fence within 15 feet of the street shall be more than four feet in height, unless said fence is located in the side or rear yard" [1]. In practice, a fence along the front of your lot, or anywhere in the front yard within 15 feet of the street, tops out at 4 feet. Side and rear yards are excepted, so a taller privacy fence there isn't capped by this section. We found no other general fence height limit for residential zones, and no rule in the documents we reviewed that says whether a fence needs a permit. The building chapter requires permits for any "building or structure," but the Land Use Code excludes fences from "structure."
Setbacks and the definition of "structure"
The definition of "structure" in Article 3 says it "does not include fences" [2], and Section 7.6.5 says setbacks do not apply to fences, retaining walls, raised garden beds and similar structures [4]. You can generally build right up to the property line. Make sure you know where the line is, since a fence on a neighbor's land is a private dispute the city won't resolve.
Corner lots
Under the corner-clearance rule in Section 7.5.1, no shrub, wall, fence, sign or pile of material higher than 3½ feet above the lowest curb elevation is allowed within a triangle formed by points 25 feet from the corner along each curbline [3]. The Public Works Authority can approve an exception if it finds no traffic or safety hazard.
Other situations
Special zones have their own rules. For example, the India Street form-based zone has its own wall and fence table (8 ft max in side or rear yards), and some uses must be screened with solid fencing. Historic districts and landmarks may need Historic Preservation review for fences. Pool barriers are covered on the Pools page.
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Next steps
- Confirm your zone (most homes are in an RN zone) on the city zoning map and check whether you're in a historic district.
- Keep any fence within 15 feet of the street at 4 feet or less unless it's in the side or rear yard; on a corner lot keep the 25-foot sight triangle under 3½ feet.
- Find your property line (survey or pins) before building, since no setback is required.
- Call Permitting & Inspections (207-874-8703) to ask whether your fence needs a permit, especially for tall fences or retaining walls.
Common questions
- How tall can a fence be in Portland, Maine?
- In residential zones, a fence within 15 feet of the street can be no more than 4 feet tall unless it's in the side or rear yard. The Land Use Code sets no general height cap for side and rear yards.
- Do I need a permit for a fence in Portland, Maine?
- It's unclear. The page found no rule saying whether a fence needs a permit, so ask Permitting & Inspections before you build. The Land Use Code excludes fences from the definition of structure.
- How close to the property line can I build a fence in Portland, Maine?
- Setbacks don't apply to fences in Portland, so you can generally build right up to the property line. Know where the line is first, since a fence on a neighbor's land is a private dispute.
- What are the fence rules for corner lots in Portland, Maine?
- Nothing over 3½ feet high is allowed within a triangle formed by points 25 feet from the corner along each curbline. The Public Works Authority can approve an exception if there's no hazard.
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. 7.5.4(A) Fences, Land Use Code (Code of Ordinances Chapter 14, ReCode), p. 130
A. Fences. In residential zones, no wall or fence within 15 feet of the street shall be more than four feet in height, unless said fence is located in the side or rear yard.
- Article 3, Definitions (Structure), Land Use Code (Code of Ordinances Chapter 14, ReCode), p. 51
Structure does not include fences, poles and wiring and other aerial equipment normally associated with service drops, including guy wires and guy anchors or subsurface wastewater disposal systems.
- Sec. 7.5.1 Corner clearance, Land Use Code (Code of Ordinances Chapter 14, ReCode), p. 126
No shrub, wall, fence, sign, or pile of material higher than 3 1/2 feet above the lowest elevation at the curbline shall be permitted on a corner lot within the area of a triangle formed by a line connecting the curblines of the intersecting streets at points 25 feet from the corner, unless said obstruction is reviewed by the Public Works Authority and found not to be a traffic or public safety hazard.
- Sec. 7.6.5(A)(1), Land Use Code (Code of Ordinances Chapter 14, ReCode), p. 133
1. Setbacks do not apply to fences, retaining walls, raised garden beds, and other similar structures.