Fence height rules in South Portland, Maine
Yes. In South Portland a fence can go right up to the property line because zoning setbacks don't apply to fences, but a solid fence within 5 feet of a lot line can be no taller than 6 feet, and no fence anywhere may exceed 7 feet. On corner lots, keep anything in the 20-foot sight triangle at the intersection under 3 feet. We found no fence-specific permit rule, but the zoning ordinance requires a permit for any structure, so check with Code Enforcement before building.
| Setback from property line | None (setbacks don't apply to fences) [1] |
| Max height, solid fence within 5 ft of a lot line | 6 feet [2] |
| Max height, any fence | 7 feet [2] |
| Corner-lot sight triangle | 20 ft from the street-line intersection [3] |
| Max height in sight triangle | 3 feet above curb grade [4] |
Height and placement
South Portland's zoning ordinance defines setbacks as distances buildings and structures must keep from lot lines, but states that setbacks do not apply to fences [1]. So a fence may be built on or near your property line, in front, side or rear yards.
Height is controlled by the general performance standards that apply in every zoning district: open or solid fences are allowed if they are kept from looking unsightly, but a solid fence may not be taller than 6 feet unless it is more than 5 feet from any property line, and no fence may exceed 7 feet [2]. The ordinance doesn't set a separate, lower limit for front yards. In practice, a solid privacy fence along a lot line tops out at 6 feet, while an open fence (or a solid fence set back more than 5 feet) can go to 7 feet.
Corner lots
In all residential districts, a sight triangle is kept clear at street corners: the area between the two street sidelines and a line joining points 20 feet from their intersection [3]. The sentence continues across a page break: inside that triangle no building or structure may be built and no vegetation other than shade trees kept above 3 feet over the curb grade [4]. Because the ordinance defines a structure as anything built or constructed [5], a fence there should stay at or below 3 feet.
Permits
The ordinance requires a permit for any building or other structure that is erected [6], and a structure is anything built [5]. It isn't explicit whether the city enforces this for ordinary residential fences, so ask Code Enforcement before you build. The ordinance doesn't address which side faces out or specific materials beyond keeping the fence from being unsightly.
Special cases
Pool enclosures follow Chapter 25's barrier rules (see the Pools topic). Commercial uses next to homes may have to install buffer fencing set by the Planning Board.
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Next steps
- Locate your property lines (a survey or pins) since the fence may sit right on the line.
- Keep solid fencing within 5 ft of a lot line at 6 ft or lower; keep any fence at 7 ft or lower.
- On a corner lot, keep the fence at 3 ft or lower within the 20-ft corner sight triangle.
- Call South Portland Code Enforcement to confirm whether your fence needs a building permit.
Common questions
- How tall can a fence be in South Portland, Maine?
- A solid fence may not be taller than 6 feet unless it is more than 5 feet from any property line, and no fence may exceed 7 feet. The ordinance sets no separate lower limit for front yards.
- How close to the property line can I build a fence in South Portland, Maine?
- Right up to it. Zoning setbacks don't apply to fences in South Portland, so a fence may sit on or near your property line.
- Do I need a permit for a fence in South Portland, Maine?
- It's unclear. The zoning ordinance requires a permit for any structure, but it isn't explicit whether this is enforced for ordinary residential fences. Check with Code Enforcement before building.
- What are the fence rules on a corner lot in South Portland, Maine?
- Keep a fence at or below 3 feet within the sight triangle, which is measured 20 feet from the street-line intersection.
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. 27-201 Definitions, Setback, Zoning (Code of Ordinances Chapter 27), p. 67
Setback. The minimum distance by which any building or structure must be separated from a street right-of-way or lot line. Setbacks do not apply to fences; retaining walls; signs that identify parking spaces; bollards; and structures no larger than 100 square feet that contain electrical utility equipment, backup generators, or EV chargers.
- Sec. 27-1516(l). Performance standards; general, Zoning (Code of Ordinances Chapter 27), p. 328
In any zoning district, fences, open or solid, maintained in a manner not to be unsightly in appearance may be erected, provided that the height of solid fences shall not exceed six (6) feet unless located more than five (5) feet from any property line. The maximum height of any fence shall be seven (7) feet.
- Sec. 27-1519. Corner clearances, Zoning (Code of Ordinances Chapter 27), p. 329
To maintain safe traffic vision in all residential districts, between the sidelines of intersecting streets and a line joining point on such lines, twenty (20) feet distant from their point of intersection, or in the case of a rounded street corner, the point of intersection of their tangents, no building or
- Sec. 27-1519. Corner clearances, Zoning (Code of Ordinances Chapter 27), p. 330
structure may be erected and no vegetation other than shade trees may be maintained above a height of three (3) feet above the plane through their curb grades.
- Sec. 27-201 Definitions, Structure, Zoning (Code of Ordinances Chapter 27), p. 71
Structure. Anything that is built or constructed by a person or persons.
- Sec. 27-134. Building permit, Zoning (Code of Ordinances Chapter 27), p. 23
No building or other structure shall be erected, moved, added to, or structurally altered without a permit therefore issued by the Building Inspector.