Home › Maine › Topics › Fences
Fences in Maine: rules in 19 towns compared
How tall can my fence be, and where can I put it? Here's how each town answers it. Click a town for the details and the exact ordinance text.
Last reviewed
This page is for Maine homeowners planning a privacy fence, a pool fence or a fence along a property line. Maine has no statewide fence height or setback limit; those come from your town's zoning. A few state laws still apply. Under the spite fence law (17 M.R.S. §2801), a fence unnecessarily taller than 6 feet that is maliciously kept up to annoy the neighbors is a private nuisance. The fence viewer laws (30-A M.R.S. §2951 and following) cover shared upkeep of boundary fences, mostly for farm and pasture fencing. In the shoreland zone, the DEP's model ordinance doesn't treat fences as structures, though clearing limits near the water still apply.
Of the 19 towns we cover, 8 set some fence height limit, such as 4 feet near the street or 6 to 8 feet elsewhere. The other 11 set no general height limit for homes in the ordinances we reviewed. Most towns don't count a fence as a structure, so building setbacks generally don't apply and a fence can often go up to the line. Bar Harbor and Ogunquit require a permit for fences, and Mount Desert requires one for solid fences over 4 feet. Several towns limit anything over about 3 to 3.5 feet in the sight triangle at a street corner.
Town-by-town comparison
| Town | Verdict | Short answer |
|---|---|---|
| Cape Elizabeth | Allowed | Yes. In Cape Elizabeth's Residence A, B and C districts, a fence within 5 feet of a property line can be up to 8 feet tall, in front, side or rear yards alike. On a corner lot, nothing over 3.5 feet tall may stand within the 20-foot triangle at the street intersection. The zoning ordinance excludes fences from "structures," and we found no fence permit requirement, so confirm with the town before building. |
| Yarmouth | Allowed | Yarmouth's Zoning Ordinance has no fence section, so it sets no fence height limit, no setback from property lines and no fence permit. That's because fences are excluded from the definition of 'Structure', so district setbacks don't apply to them. If your property is a designated historic landmark or in a historic district, a street-visible fence needs Historic Preservation review. |
| Cumberland | Allowed | The Cumberland zoning chapters we reviewed don't set a general fence height limit or fence setback for homes. The main rule is at street corners: nothing may be more than 3 1/2 feet above curb height within the triangle formed by points 20 feet from where the street lines intersect. Confirm with the Code Enforcement Office whether it treats a fence as a structure that must meet setbacks. |
| North Yarmouth | Not specifically regulated | North Yarmouth's Land Use Ordinance doesn't regulate residential fence height or placement: there's no height limit, property-line setback or fence permit for homeowners. Fences come up only as screening for commercial site plans, so check with the Code Enforcement Office before building one near a road. |
| Freeport | Allowed | Freeport's Zoning Ordinance has no fence section, so it sets no fence height limit and no setback from property lines; this rests on the code's silence, plus the fact that fences are excluded from the definition of 'structure', so district setbacks don't apply. On a corner lot, nothing between 3 and 10 feet tall may sit within the 20-foot sight triangle at the intersection. |
| Scarborough | Not specifically regulated | 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. |
| South Portland | Allowed | 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. |
| Portland | Allowed | 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. |
| Gorham | Allowed | Gorham's Land Use and Development Code sets no fence height limit or fence setback for homes. Fences and boundary walls are excluded from the definition of "structure," so the building-permit and setback rules for structures don't apply to them. Check with Code Enforcement before building a very tall fence or one near a road intersection. |
| Harpswell | Allowed | Harpswell's land use ordinances don't set fence height limits or fence setbacks. Fences are specifically excluded from the definition of "structure," so the structure setbacks and permit rules don't apply to them. The main exceptions are pool fences, which must meet state pool-enclosure law, and vegetation-clearing limits near the shore. |
| Brunswick | Allowed | Yes. In Brunswick a fence can go anywhere in your side and rear setbacks, but in the front setback it may be no taller than 4 feet without written approval from the Code Enforcement Officer. On a residential lot in a Growth Area district, no fence may exceed 6 feet in height without that written approval. The zoning code doesn't list fences as needing a building permit (fences aren't "structures" under its definition), but confirm with Codes Enforcement. |
| Kennebunk | Allowed | Kennebunk's zoning sets no fence height limit and no setback from property lines for a typical home. Fences are excluded from the definition of 'building', and the required yards are only kept clear of buildings. In the commercial design review districts, a fence change can trigger design review. Fences in the Historic Preservation Overlay may face other rules we didn't review. |
| York | Allowed | York's Zoning Ordinance sets no separate fence height limits for front or back yards. Fences 7 feet tall or less are exempt from the zoning setbacks, so they can go up to the property line. A fence taller than 7 feet must meet the same setbacks as other structures. Near street corners, fences that block sight lines aren't allowed within a 20-foot triangle, and in a historic district you need Historic District Commission approval. |
| Kittery | Allowed | Kittery's land use code (2022 version we reviewed) has no fence section, so this answer rests on what the code leaves out: a fence under 8 feet tall doesn't count as a 'structure', so it isn't subject to yard setbacks and can generally go up to the property line. A fence 8 feet or taller is a structure and must meet your zone's setbacks. The Kittery Foreside (MU-KF) zone has extra fence design rules. |
| Ogunquit | Allowed with a permit | You need a Code Enforcement Officer permit for any new, altered or relocated fence in Ogunquit. In the residential districts fences can be up to 6 feet tall. In any shoreland zone, including Resource Protection, the limit is 4 feet, and the fence can't block views of the water from a public way. |
| Camden | Allowed | Camden's zoning limits fences inside any required front, side or rear setback to 6 ft tall. Fences aren't counted as "structures," so building setbacks don't apply and the ordinance doesn't stop a fence at the property line; it also sets no separate front-yard limit and no corner-lot sight-line rule. Our copy of the zoning ordinance only runs through June 2022. |
| Rockport | Allowed | Rockport's Land Use Ordinance sets no height limit or property-line setback for residential fences, because it expressly says a fence is not a "structure." That means the structure setbacks and the building-permit requirement, which apply to structures, don't cover an ordinary fence; confirm with the Code Enforcement Officer before building a very tall fence or one near a road. |
| Bar Harbor | Allowed with a permit | Yes, with a permit from the Code Enforcement Officer. In residential and other non-business districts, fences can be up to 7 feet tall (8 feet in business and industrial districts), and they must be set back 18 inches from the property line unless your neighbor agrees to a fence on the line. |
| Mount Desert | Allowed | Mount Desert's zoning only regulates solid fences and walls over 4 ft, so a rail-type fence, or a solid fence or wall up to 4 ft tall, needs no zoning permit. A solid fence or wall over 4 ft needs a Code Enforcement Officer permit up to 6 ft, as long as it's set back 6 ft from roads and sidewalks and screened with plants. Anything taller, or anything that doesn't meet those conditions, needs Planning Board approval. |
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.
Common questions about fence rules in Maine
- How tall can a fence be in Maine?
- There's no statewide fence height limit; it depends on your town's zoning. Of the 19 towns we cover, 8 set a limit, such as 4 feet near the street or 6 to 8 feet elsewhere, and 11 set no general limit for homes. Separately, a fence unnecessarily taller than 6 feet kept up maliciously can be a spite fence.
- What is the spite fence law in Maine?
- Under 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.
- Do I need a permit to build a fence in Maine?
- There's no statewide fence permit; it's up to your town. Of the 19 towns we cover, Bar Harbor and Ogunquit require a permit for fences, and Mount Desert requires one for solid fences or walls over 4 feet. Many others don't treat a fence as a structure, but check with your code office before building.
- Who pays for a boundary fence between neighbors in Maine?
- Under Maine's fence viewer laws, 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, who can order repairs. These rules mostly matter for farm and pasture fencing.
- Can I put a fence right on the property line in Maine?
- State law doesn't set a fence setback, so it depends on your town. Most towns we cover don't count a fence as a structure, so building setbacks don't apply. There are exceptions: Bar Harbor requires an 18-inch setback unless your neighbor agrees, and Kittery and York apply setbacks to taller fences (8 feet or more in Kittery, over 7 feet in York).
- Do fences have to meet shoreland setbacks in Maine?
- Under the DEP's model shoreland ordinance, fences aren't counted as structures, so the water setbacks for buildings don't apply to them. Limits on clearing vegetation near the water still do, and a town's ordinance could treat fences differently.
Other topics
ADU rules · Chicken laws · Short-term rentals · Shed permits · Burn permits & fire pits · Home businesses · Pool rules · Shoreland zoning · Docks & piers