Fence height rules in Scarborough, Maine
Scarborough's zoning ordinance we reviewed does not set fence height limits or fence setbacks for homes; fences are specifically excluded from the definition of "structure," so normal building setbacks don't apply. Exceptions: pools over 100 sq ft need a 4-foot child-proof fence, and fences near a protected wetland buffer can't have footings within 5 feet of the buffer. Check with Code Enforcement before building, especially on a corner lot or near wetlands.
| Fence height limit (residential) | None found in the zoning ordinance [1] |
| Fences and building setbacks | Fences are excluded from the definition of 'structure' [1] |
| Pool fence (in-ground pool > 100 sq ft) | At least 4 ft high with self-locking doors [2] |
| Near wetland vegetated buffer | No footings or ground disturbance within 5 ft of the buffer [3] |
| Shoreland zone | Fences are not 'structures' under shoreland zoning either [4] |
No general fence rules found
We searched Scarborough's compiled Zoning Ordinance (Chapter 405) and the Shoreland Zoning Ordinance and found no maximum fence height, front-yard fence limit, finished-side rule, or fence permit requirement for residential lots. The zoning ordinance defines "structure" as anything constructed or erected "except a boundary wall or fence" [1]. Because the building permit requirement and the yard setbacks are written for buildings and structures, a typical backyard or boundary fence does not appear to need to meet setbacks.
Where fences are required or limited
- Pools: In-ground pools over 100 sq ft must be enclosed by a fence at least 4 feet high with self-locking doors [2].
- Wetland buffers: Fences may be built along a vegetated wetland buffer line, but with no footings and no ground disturbance within 5 feet of the buffer [3].
- Shoreland zone: The shoreland ordinance's definition of structure also excludes fences [4], but clearing vegetation to install a fence in the 75-foot shoreline buffer is still governed by the vegetation rules.
Corner lots and sight lines
The ordinance's sight-distance (vision triangle) language we found applies to signs, mobile vendors and similar items, not fences. Even so, a fence that blocks drivers' views at an intersection or driveway could raise safety concerns, so ask the town before building a solid fence near a corner.
Other limits
Private deed restrictions or HOA covenants are common in subdivisions and may limit fence height or style; the town does not enforce those. Fences in the Higgins Beach character-based districts or on historic properties may also be addressed in those district standards, so check with the town if you live there.
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Next steps
- Call Scarborough Planning & Codes, (207) 730-4040, to confirm no permit is needed for your fence and location.
- Locate your property line (survey pins or a surveyor) so the fence stays on your land.
- Check your deed and any HOA covenants for fence restrictions.
- If the fence encloses a pool or is near a wetland or the shoreline, review the pool-barrier and buffer rules with Code Enforcement first.
Common questions
- How tall can a fence be in Scarborough, Maine?
- The zoning ordinance reviewed sets no fence height limit for homes. Fences are excluded from the definition of structure, so normal building setbacks don't apply either. Check with Code Enforcement before building.
- Do I need a permit for a fence in Scarborough, Maine?
- No fence permit requirement was found for residential lots. Confirm with Code Enforcement first, especially on a corner lot or near wetlands or the shoreline.
- Does a pool fence have different rules in Scarborough, Maine?
- Yes. In-ground pools over 100 sq ft must be enclosed by a fence at least 4 feet high with self-locking doors.
- Can I build a fence near a wetland in Scarborough, Maine?
- Fences may be built along a vegetated wetland buffer line, but with no footings and no ground disturbance within 5 feet of the buffer.
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
- Section VI Definitions – Structure, Zoning Ordinance (Chapter 405), compiled, p. 57
Anything constructed or erected, except a boundary wall or fence, the use of which requires a fixed location on the ground or attachment to something fixed on the ground, whether installed on, above, or below the surface of land or water.
- Section IX.A.12 (General Performance Standards – Swimming pools), Zoning Ordinance Section IX – Performance Standards, p. 2
Swimming pools shall be accessory buildings. Swimming pools of more than 100 sq. ft. of surface area, except above ground pools, shall be enclosed by a fence of at least 4 ft. in height, equipped with self-locking doors of such structure as to exclude children.
- Section X.A Wetland Setbacks and Vegetated Buffers, note F, Zoning Ordinance (Chapter 405), compiled, p. 153
Fences may be constructed along the vegetated buffer line; however, they must have no footings and no ground disturbance within five (5) feet of the vegetated buffer.
- Section 17 Definitions – Structure, Shoreland Zoning Ordinance (Chapter 405C), p. 57
The term includes structures temporarily or permanently located, such as decks, patios, and satellite dishes. Structure does not include fences; poles and wiring and other aerial equipment normally associated with service drops, including guy wires and guy anchors;