Cumberland County does not adopt a county fence-height ordinance. Maine state law sets a 6-foot trigger for the spite-fence nuisance statute (17 MRS § 2801), and each of the 28 municipalities in the county regulates height through its own zoning code.
Cumberland County publishes no codified subject-matter ordinances and does not zone land. For organized municipalities, fence-height limits are set by the local zoning ordinance adopted under Maine's home-rule statute, 30-A MRS § 3001. Statewide, Maine Revised Statutes Title 17 § 2801 (Spite Fences) makes any fence or structure 'unnecessarily exceeding 6 feet in height, maliciously kept and maintained for the purpose of annoying the owners or occupants of adjoining property' a private nuisance — recoverable in civil court even where the zoning code permits the height. Title 30-A MRS § 2951 separately defines a 'legal fence' for livestock/partition purposes as one at least 4 feet high in good repair (rails, timber, stone walls, iron, wire, or fence-viewer-approved equivalents). Within the mandatory shoreland zone (250 feet of great ponds, rivers, tidal waters, or freshwater wetlands under 38 MRS § 435), municipal shoreland ordinances may impose additional height and clearing limits to preserve the vegetated buffer.
Spite-fence claims under 17 MRS § 2801 are private civil actions — the adjoining owner sues for abatement (removal/reduction below 6 feet) and damages; no county fine schedule applies. Municipal zoning-height violations are enforced by the city or town code-enforcement officer under the local ordinance, typically with notices of violation and per-day civil penalties under 30-A MRS § 4452 (up to $2,500/day for land-use violations).
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Cumberland County, ME
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