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Swimming Pools in Maine: rules in 19 towns compared
What are the rules for putting in a pool? 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 an in-ground or above-ground pool or a hot tub. Maine's statewide building code (MUBEC, based on the 2021 International Residential Code) must be enforced in towns with more than 4,000 residents, and where it's enforced your code officer applies its pool and spa provisions along with any town permit rules. Maine did not adopt the IRC appendix that covers pools, but state law lets a town adopt the pool-fencing standards in Appendix G of the 2009 IRC. So barrier rules depend heavily on your town. In the shoreland zone, a pool is a structure that must meet the water setbacks and counts toward the 20% lot-coverage limit.
Of the 19 towns we cover, 15 require a permit for a pool (in Kittery and Mount Desert, likely rather than explicitly). Kennebunk's zoning treats a pool as a building that must meet setbacks, and Camden, Rockport and York have no pool-specific rules in their ordinances. Only 5 towns (Cumberland, Harpswell, Scarborough, South Portland and Yarmouth) set a pool fence or barrier rule in the ordinances we reviewed; the rest leave it to the building code or don't say. Pick your town below.
Town-by-town comparison
| Town | Verdict | Short answer |
|---|---|---|
| Cape Elizabeth | Allowed with a permit | Yes. A residential swimming pool is an accessory structure in Cape Elizabeth and needs a Building Permit from the Code Enforcement Officer. In Residence A and B it must be at least 15 feet from side and rear lot lines, and in Residence C at least 10 feet; the zoning ordinance doesn't set its own pool-fence rules. |
| Yarmouth | Allowed with a permit | Yes, with a permit from the Planning Director. A private pool holding 5,000 gallons or more must meet your district's setbacks and be enclosed by a fence at least 4 ft high. An above-ground pool whose sides are at least 4 ft high doesn't need a separate fence. |
| Cumberland | Allowed with a permit | Yes, with a building permit from the Code Enforcement Officer. An outdoor pool (more than 24 inches deep) and its filter equipment must meet your zoning district's setbacks, and the pool must be fully enclosed by a fence or wall at least 4 feet high. This applies to both in-ground and above-ground pools. |
| North Yarmouth | Allowed with a permit | Yes, with a permit. North Yarmouth treats a swimming pool as an accessory structure that needs a permit from the Code Enforcement Officer and must meet property-line setbacks: 50 ft front and 20 ft side and rear in Farm and Forest and the shoreland districts, 20/10/10 ft in Village Residential, 10/10/5 ft in Village Center. The Land Use Ordinance sets no pool fence or barrier rules of its own. |
| Freeport | Allowed with a permit | Yes. Freeport zoning treats outdoor swimming pools as structures, so a pool must meet your district's setbacks (for example 30 ft front, 20 ft side, and 30 ft rear in MDR-I and MDR-II) and needs a building permit from Codes Enforcement. The zoning ordinance has no pool-fence rule; Maine's building code leaves pool fencing to towns, so ask Codes whether Freeport requires a barrier when you apply. |
| Scarborough | Allowed with a permit | Yes, with a building permit. Scarborough treats swimming pools as accessory buildings, so a pool needs a permit and must meet your district's setbacks (15 feet from side and rear lines in the main residential zones). Pools over 100 sq ft of surface area must be enclosed by a fence or barrier at least 4 feet high with self-locking doors. |
| South Portland | Allowed with a permit | 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. |
| Portland | Allowed with a permit | 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. |
| Gorham | Allowed with a permit | Yes, with a building permit. Gorham's code counts swimming pools as "structures," so a pool needs a permit from the Code Enforcement Officer and must meet the setbacks for your district, such as 15 ft side and rear in Urban Residential or 20 ft in Suburban Residential and Rural. The zoning code doesn't spell out pool fence or barrier rules; those come from the building code. |
| Harpswell | Allowed with a permit | Pools are allowed, but every pool must have a fence enclosure that meets Maine's pool-fencing law, and Harpswell makes failing to do so an ordinance violation. A pool larger than 10 sq ft counts as a structure, so it needs a Code Enforcement permit and must sit at least 20 ft from lot lines inland (25 ft from property lines and 75 ft from the water in the shoreland zone). |
| Brunswick | Allowed with a permit | Yes. In Brunswick a pool is treated like other accessory structures: in Growth Residential districts it must be at least 10 feet from the rear and side lot lines (5 feet in other districts), and never closer to the street than the house's front setback. Pools subject to the state building code need a Building Permit; the ordinances we reviewed don't include pool-fence rules, so ask Codes Enforcement whether barrier requirements apply. |
| Kennebunk | Allowed | Kennebunk's zoning counts a swimming pool as a 'building', so a pool must meet your district's setbacks (for example 25 ft front and 20 ft side and rear in Suburban Residential) and counts toward lot coverage. The zoning articles we reviewed have no pool-specific rules on fencing or permits, so ask Code Enforcement about the building permit and barrier requirements. |
| York | Not specifically regulated | York's Zoning Ordinance has no pool-specific rules. It doesn't set pool setbacks, fencing or barrier requirements, or a pool permit. An in-ground or above-ground pool fixed to the ground likely counts as a "structure," so ask Code Enforcement whether the zone's setbacks and the Shoreland rules apply, and about building-code barrier requirements. |
| Kittery | Allowed with a permit | Probably yes, with a permit. Kittery's 2022 land use code has no pool-specific rules, but a pool fixed in or on the ground fits its definition of a "structure", which needs a Code Enforcement Officer permit and has to stay out of required yards (in R-S, 40 ft front and 15 ft side and rear). The code sets no pool fence or barrier rule, so ask Code Enforcement which building code barrier rules apply. |
| Ogunquit | Allowed with a permit | Yes, with a permit from the Code Enforcement Officer. Ogunquit treats above-ground and in-ground pools as accessory structures, so a pool must meet the house setbacks (20 feet front and 15 feet side and rear in the One-Family Residential and Residential districts), and the permit application needs a survey. The zoning ordinance we reviewed has no pool fence or barrier rule of its own. |
| Wells | Allowed with a permit | According to the Code Enforcement Office's pool brochure (town guidance, not ordinance text), you need a permit from the Wells Code Enforcement Office. The brochure lists the single-family fee as $140 plus $5 per $1,000 of pool cost; confirm the current fee with the town. The pool must meet the 2021 International Residential Code and pass a final inspection before anyone uses it. |
| Camden | Not specifically regulated | Camden's zoning ordinance doesn't have specific rules for swimming pools or hot tubs, including fence or barrier rules. A pool built in the ground is likely a "structure," so it needs a building permit if it costs more than $2,000 and must meet your zone's setbacks. Barrier requirements come from the state building code, so check with Code Enforcement. |
| Rockport | Not specifically regulated | Rockport's Land Use Ordinance has no specific rules for residential swimming pools or hot tubs, including fence or barrier rules. A pool built in or on the ground fits the ordinance's broad definition of a "structure," so it likely needs a permit from the Code Enforcement Officer and must meet your district's setbacks, and Rockport enforces the state building code (MUBEC), which the CEO applies to pools. |
| Mount Desert | Allowed with a permit | Probably yes, with a permit. Mount Desert's zoning has no pool-specific rules, but a pool built in or on the ground is a "structure," so it likely needs a Code Enforcement Officer permit as an accessory structure and must meet your district's setbacks. A pool big enough for more than 10 people may count as an outdoor recreation facility, which needs Planning Board approval. |
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.
Common questions about pool rules in Maine
- Do I need a permit for a pool in Maine?
- Usually. Your town's permit rules apply, and towns with more than 4,000 residents must enforce the state building code's pool provisions. Of the 19 towns we cover, 15 require, or likely require, a permit for a pool, and most treat a pool as a structure that must meet setbacks.
- Does Maine require a fence around a pool?
- It depends on your town. Maine did not adopt the IRC appendix that covers pools, but state law lets towns adopt the 2009 IRC Appendix G pool-fencing standards without changes. Of the 19 towns we cover, 5 set their own pool fence or barrier rule. Ask your code enforcement officer before you build.
- Can I put a pool near the water in Maine?
- In the 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.
- Do hot tubs follow the same rules as pools in Maine?
- Yes. Under Maine's building code, hot tubs and spas follow the same code path as pools. Check your town's rules too, since local permit and setback requirements may also apply.
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