Swimming pool rules in Portland, Maine
Yes, with a permit. Portland's Land Use Code keeps outdoor pools out of the front yard and requires every part of the pool to be at least 10 feet from the house and 10 feet from the side and rear lot lines. Building a structure needs a permit from Permitting & Inspections. Pool fencing and barrier rules weren't in the documents we reviewed.
| Front yard | Pools not allowed [2] |
| Distance from house | At least 10 feet [3] |
| Setback from side and rear lot lines | At least 10 feet [3] |
| Pool pumps and filters | May encroach into side or rear setbacks [4] |
| Permit | Required to construct any building or structure [5] |
| Fee if you start before getting a permit | Double the normal permit fee [6] |
Where a pool can go
Under Section 7.5.4(B), outdoor swimming pools are accessory uses with their own dimensional standards [1]. A pool can't be in the front yard [2]. No part of it may be closer than 10 feet to the principal structure or closer than 10 feet to a side or rear lot line [3]. Those rules apply to both in-ground and above-ground pools; the code doesn't distinguish between them. Pool pumps and filters count as mechanical equipment, which may encroach into a required side or rear setback [4].
If you also add a deck or patio, remember that accessory structures and uses in residential zones have their own setbacks and lot-coverage limits (see the Sheds page). In the Shoreland Overlay Zone, patios and walkways count as structures and the shoreland setbacks apply.
Permits
Chapter 6 requires a permit from the building authority before anyone starts constructing, enlarging or altering any building or structure. Plumbing and electrical work also need permits [5]. If you start work before getting the permit, the fee doubles [6]. Portland adopts and enforces the Maine Uniform Building and Energy Code (MUBEC) through city inspections, so state building-code requirements also apply to pool construction.
Fencing, barriers and hot tubs
Chapter 6 cross-references a separate "swimming pools, Ch. 26" in the City Code. We didn't have Chapter 26, so this page doesn't cover Portland's pool fence or barrier requirements or any specific hot tub rules. Ask Permitting & Inspections for those before you design the enclosure.
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Next steps
- Site the pool in the side or rear yard, at least 10 feet from your house and 10 feet from side and rear lot lines.
- Apply for a building permit (plus electrical permit for pumps, heaters and lighting) with Permitting & Inspections (207-874-8703); bring a site plan showing distances to the house and lot lines.
- Ask the department for the City Code Chapter 26 swimming pool requirements, including fence and gate (barrier) rules, before you buy fencing.
- Schedule required inspections before filling the pool or using it.
Common questions
- Do I need a permit to build a pool in Portland, Maine?
- Yes. Portland requires a permit from Permitting & Inspections before constructing any building or structure, and plumbing and electrical work need permits too. Starting early doubles the fee.
- How far from the property line does a pool have to be in Portland, Maine?
- No part of a pool may be closer than 10 feet to the house or 10 feet to a side or rear lot line. Pools aren't allowed in the front yard.
- Does Portland, Maine require a fence around a pool?
- The page doesn't say. Pool fence and barrier rules are in City Code Chapter 26, which wasn't reviewed, so ask Permitting & Inspections before designing the enclosure.
- Do above-ground pools follow the same rules in Portland, Maine?
- Yes. The 10-foot setbacks and front-yard ban apply to both in-ground and above-ground pools, since the code doesn't distinguish between them.
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. 7.5.4(B) Swimming pools, Land Use Code (Code of Ordinances Chapter 14, ReCode), p. 130
B. Swimming pools. Outdoor swimming pools as accessory uses shall be subject to the following dimensional standards:
- Sec. 7.5.4(B)(1), Land Use Code (Code of Ordinances Chapter 14, ReCode), p. 130
1. No swimming pool shall be sited in the front yard.
- Sec. 7.5.4(B)(2), Land Use Code (Code of Ordinances Chapter 14, ReCode), p. 130
2. No part of any swimming pool shall be located closer than 10 feet from the principal structure, nor closer than 10 feet from side or rear lot lines.
- Sec. 7.6.5(A)(3), Land Use Code (Code of Ordinances Chapter 14, ReCode), p. 133
3. Ground-mounted and building-mounted mechanical equipment may encroach into a required side or rear setback. This includes mechanical equipment related to the operation of the structure, such as heating, ventilation, and air conditioning (HVAC) equipment, personal electrical generators, and swimming pool pumps and filters.
- Sec. 6-92(a), Buildings and Building Regulations (Chapter 6) – incl. short-term rental registration, p. 6
(a) No person may commence work on any of the following without first obtaining a permit from the building authority: 1. Constructing, enlarging, altering, repairing, moving, converting, demolishing, or changing the use of any building or structure;
- Sec. 6-92(d), Buildings and Building Regulations (Chapter 6) – incl. short-term rental registration, p. 7
(d) The fee for any permit obtained after work has been commenced shall be double the fee otherwise provided for in the fee schedule adopted pursuant to this section.