Fence height rules in Yarmouth, Maine
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.
| Max fence height (front, side, rear) | No limit in the Zoning Ordinance [1] |
| Setback from property line | None; fences aren't 'Structures', so yard setbacks don't apply [1] |
| Corner-lot sight triangle | No fence-specific sight-line rule found [1] |
| Historic properties | Street-visible fencing on a Local Historic Landmark, Historic Site or Contributing Property in a Historic District needs Historic Preservation Review [3] |
Fences aren't 'structures' under Yarmouth zoning
The Zoning Ordinance's definition of Structure says it "does not include fences" [1]. Yard setbacks and height limits apply to structures, so a typical residential fence can generally go up to the property line, and we found no front, side, or rear height limit. The ordinance also has no fence permit requirement and no rule on which side must face out. Because the Shoreland Overlay uses the same definition, the water setback doesn't apply to fences, but shoreland vegetation-clearing limits still apply to any clearing you do to install one.
Corner lots
We found no sight-triangle or corner-visibility rule for fences in the Zoning Ordinance. Corner lots are treated as having two front yards for structures, but that doesn't reach fences. Keep sight lines open at driveways and intersections anyway for safety.
Historic properties
Article X (Historic Preservation) uses its own definition, in which fences are Structures [2]. The historic preservation article specifically lists fencing among the site improvement projects that need Historic Preservation Review when they are visible from the street or public open space on a Local Historic Landmark, Historic Site, or Contributing Property in a Historic District [3]. If your home is in a designated historic district or is a local landmark, check before building a fence that can be seen from the street.
Other limits
- Pools: private pools and similar water facilities must be enclosed by a fence at least 4 ft high (see the Pools page).
- Village areas: properties in Village I and other areas covered by Chapter 703 (Character Based Development Code) may have design standards we did not review.
- Boundary lines: the town doesn't decide where your property line is. Confirm it with a survey before building at the line.
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Next steps
- Confirm your property line (survey or existing pins) before building near it.
- Ask Yarmouth Planning & Development (207-846-2401) whether your property is in a designated historic district or is a local landmark; if so, request Historic Preservation Review for a street-visible fence.
- If you're in a Village area governed by Chapter 703, ask whether its design standards cover fences.
- Fencing a pool? Plan for at least a 4-ft enclosure.
Common questions
- How tall can a fence be in Yarmouth, Maine?
- The Zoning Ordinance sets no fence height limit. Fences are excluded from the definition of structure, so height limits and setbacks for structures don't apply.
- Do I need a permit for a fence in Yarmouth, Maine?
- The ordinance has no fence permit requirement. The exception is a historic property: a street-visible fence on a Local Historic Landmark, Historic Site, or Contributing Property in a Historic District needs Historic Preservation Review.
- How close to the property line can I put a fence in Yarmouth, Maine?
- Generally right up to it. Yard setbacks don't apply to fences because they aren't structures under the zoning ordinance. Confirm your property line with a survey first.
- Does a pool fence have different rules in Yarmouth, Maine?
- Yes. Private pools covered by the ordinance must be enclosed by a fence at least 4 feet high, unless it's an above-ground pool with sides at least 4 feet high.
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
- Article I.D Definitions, Structure, Chapter 701 Zoning Ordinance, p. 31
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;
- Article X, Appendix A1.40 Structure, Chapter 701 Zoning Ordinance, p. 217
A1.40 Structure: Anything constructed or erected, having a permanent or semi- permanent location on another Structure on or in the ground, including without limitation buildings, garages, fences, decks, patios, drives, walkways, gazebos, walls, advertising signs, billboards, antennas, satellite sending or receiving dishes, solar arrays and similar energy producing, conserving, or storage devices, and swimming pools.
- Article X, 4.8 Site Improvement Projects, Chapter 701 Zoning Ordinance, p. 206
4.8 Site Improvement Projects: Site improvement projects on Local Historic Landmarks, Historic Sites, or Contributing Properties, including but not limited to fencing, walls greater than two feet in height, grading, sidewalks, raised walkways, handicapped access ramps, paving, patios, curbing, signs, installation of solar collectors, and satellite dishes if such improvement projects are Visible from the Street or Public Open Space and located within a Historic District or affecting any Historic Site, Historic Landscape District, or Local Historic Landmark.