Swimming pool rules in South Portland, Maine
Yes, with a pool permit from the Code Enforcement Officer. In residential zones a pool must be at least 50 feet from the street property line and 10 feet from side and rear lines, and any pool or body of water deeper than 18 inches must be enclosed by a 4- to 7-foot fence or wall with self-closing, self-latching gates.
| Permit | Required for any private swimming pool or wading pool (Code Enforcement Officer) [1] |
| Setback from street line (residential zones) | 50 feet [3] |
| Setback from side/rear lines | 10 feet [3] |
| When a fence is required | Any pool or body of water deeper than 18 inches [4] |
| Fence height | At least 4 ft, no more than 7 ft [5] |
| Max gap in fence | 4 inches [5] |
| Gate latch height | 4 ft above ground, self-closing and self-latching [6] |
Permit
South Portland's Chapter 25 says no one may build or set up a private swimming pool or wading pool without a permit [1]. The owner or the pool contractor applies to the Code Enforcement Officer [2]. A swimming pool application needs an existing conditions plan and a plot plan by a Maine-licensed surveyor or similar professional, pool plans and specifications, fencing details, and a drainage plan meeting Sec. 27-1536. The pool location must be staked by that professional at application and verified before final inspection.
The chapter applies to both in-ground and above-ground pools: an "artificial pool" is one located above or below ground. A wading pool (120 sq ft or less, 24 inches deep or less) also needs a permit, with simpler plans.
Setbacks
In residential districts (listed in the chapter as RF, AA, A, G, VR, RT, WR and the residential contract zones), a pool must be at least 50 feet from the street property line and 10 feet from side and rear property lines [3]. On a corner lot, the shorter street frontage is treated as the front if it is 90% or less of the longer one. The Code Enforcement Officer can relax these limits to make a pool usable by a resident with a disability, after 21 days' notice to abutters and with a 6-foot solid fence. Pool cabanas and other accessory buildings can't be in the front yard.
Fence and gates
Any pool or other outdoor body of water used for swimming, dipping or immersion that is more than 18 inches deep must be enclosed by a fence or wall [4]. It must be 4 to 7 feet tall with no openings larger than 4 inches; the house or an accessory building can form part of the enclosure [5]. Gates and doors in the enclosure must be self-closing and self-latching, with the latch 4 feet above the ground [6]. Where the building code is stricter, the stricter rule governs.
Hot tubs
Chapter 25 doesn't mention hot tubs by name. The fence rule covers any outdoor body of water deeper than 18 inches used for immersion, which likely includes hot tubs; ask Code Enforcement whether a lockable cover is accepted instead.
Final approval is withheld until the setback and fence rules are met.
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Next steps
- Hire a Maine-licensed surveyor to prepare an existing conditions plan and a plot plan showing the pool, fencing and setbacks (50 ft from the street, 10 ft from side/rear lines).
- Prepare pool plans, specifications and a drainage plan per Sec. 27-1536.
- Apply for the pool permit with South Portland Code Enforcement; get plumbing inspector approval if the pool drains to a sewer.
- Install a 4-7 ft fence with self-closing, self-latching gates before the final inspection.
Common questions
- Do I need a permit to build a pool in South Portland, Maine?
- Yes. No one may build or set up a private swimming or wading pool without a permit. The owner or pool contractor applies to the Code Enforcement Officer. The chapter covers both in-ground and above-ground pools.
- How far from the property line does a pool have to be in South Portland, Maine?
- In residential districts, a pool must be at least 50 feet from the street property line and 10 feet from side and rear property lines.
- Does a pool need a fence in South Portland, Maine?
- Yes. Any pool or outdoor body of water deeper than 18 inches must be enclosed by a fence or wall 4 to 7 feet tall with no openings larger than 4 inches. Gates must be self-closing and self-latching.
- Does a hot tub need a fence in South Portland, Maine?
- It likely does. The chapter doesn't name hot tubs, but the fence rule covers any outdoor body of water deeper than 18 inches used for immersion. Ask Code Enforcement whether a lockable cover is accepted instead.
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. 25-3, Swimming Pools and Wading Pools (Chapter 25), p. 2
No person shall construct or establish a private swimming pool or wading pool without having obtained a permit therefor in the manner prescribed by this chapter.
- Sec. 25-4(a), Swimming Pools and Wading Pools (Chapter 25), p. 2
An application for a permit to construct and maintain a private swimming pool or wading pool shall be made to the Code Enforcement Officer by the owner of the property or by the contractor who will construct the pool.
- Sec. 25-8(1), Swimming Pools and Wading Pools (Chapter 25), p. 3
Minimum setback from street property line fifty (50) feet, minimum setback from a side or rear property line, ten (10) feet.
- Sec. 25-10(a), Swimming Pools and Wading Pools (Chapter 25), p. 4
No person owning, controlling or in possession of land within the city, upon which it situated a swimming pool or wading pool or other outside body of water designed or used for swimming, dipping or immersion purposes by men, women or children, of a water depth exceeding eighteen (18) inches, shall fail to maintain on the lot or premises upon which such pool or body of water is located a fence or wall.
- Sec. 25-10(b), Swimming Pools and Wading Pools (Chapter 25), p. 4
Such fence or wall shall not be less than four (4) feet in height with a maximum height not to exceed seven (7) feet. Such fence or wall shall not have openings, holes or gaps larger than four (4) inches in any dimension, except for doors or gates; provided, however, that if a picket fence is erected or maintained, the horizontal gap dimension shall not exceed four (4) inches; provided, further, that a dwelling or accessory building may be used as a part of such enclosure.
- Sec. 25-10(c), Swimming Pools and Wading Pools (Chapter 25), p. 5
All gates or doors opening through an enclosure required by this section shall be equipped with self-closing and self-latching devices designed to keep, and capable of keeping, such doors or gates securely closed at all times when not in actual use. Such gates or doors shall have a latching device placed four (4) feet above ground level, or otherwise made inaccessible from the outside to small children; provided, however, that the door of any dwelling occupied by human beings and forming any part of the enclosure need not be so equipped.