Building near the water in Bath, Maine (shoreland zoning)
Within 250 feet of the Kennebec, tidal waters or a wetland (75 feet of a stream), any building or land work needs a Shoreland Zoning Permit under Bath's new Land Use Code. New buildings must stay 150 feet from the high-water line east of Thorne Head and 250 feet west of it toward Merrymeeting Bay (75 feet from streams and wetlands), unless a setback reduction plan is approved.
| Shoreland Zone extent | 250 ft from rivers, great ponds, coastal and freshwater wetlands; 75 ft from streams [1] |
| Setback from saltwater, coastal wetlands, great ponds and rivers flowing to them, east of Thorne Head | 150 ft [2] |
| Setback, west of Thorne Head (Merrymeeting Bay) | 250 ft [2] |
| Setback from streams and wetlands | 75 ft [3] |
| Setback reduction plan, minimum | 75 ft east of Thorne Head, 150 ft west [5] |
| Working waterfront subdistrict (SZO-CF) | No minimum structure setback [4] |
| Vegetation buffer strip (rivers, tributary streams, wetlands; §7.3.E.4) | 75 ft inland; no cleared opening over 250 sq ft; footpath up to 6 ft wide [6] |
| Permit | Shoreland Zoning Permit for all development, plus before-and-after photos [7] |
Where the shoreland rules apply
Bath's Shoreland Zone Overlay (SZO), in Article 7.3 of the new Land Use Code (in effect since September 23, 2026), covers land within 250 feet of a great pond or river, the upland edge of a coastal wetland (including all tidal areas), or a freshwater wetland [1]. A Stream Protection subdistrict covers 75 feet from streams. The overlay is shown on the City's zoning map. Resource Protection (SZO-RP) covers floodplains, steep slopes and high-value habitat. A Commercial Fisheries/Maritime subdistrict (SZO-CF) covers the R-WH, WMU, DB, MC and I districts.
How far back to build
Outside the RP, SP and CF subdistricts, new principal and accessory buildings must be set back 150 feet from the high-water line of saltwater bodies, great ponds and rivers that flow to great ponds, or the upland edge of a coastal wetland, east of Thorne Head, or 250 feet west of Thorne Head [2], to protect Merrymeeting Bay. The setback is 75 feet from streams and wetlands [3]. New buildings generally can't go in the RP or SP subdistricts without a ZBA variance. The SZO-CF subdistrict has no minimum setback [4]. The Staff Review Committee can approve a Waterfront Setback Reduction Plan, but not below 75 feet east or 150 feet west of Thorne Head [5].
Trees and clearing
Under §7.3.E.4, within 75 feet of a river, tributary stream or wetland edge you must keep a vegetated buffer: no cleared opening over 250 square feet, and one footpath up to 6 feet wide that doesn't open a view corridor [6]. Selective cutting is allowed if a well-distributed stand of trees remains. The City also posts a 2007 Maine DEP guide on clearing vegetation in the shoreland zone.
Older buildings close to the water
You can maintain and repair a nonconforming structure, but structural changes can't increase the nonconformity [8]. Unlike some towns, the code doesn't offer a percentage expansion allowance. Relocation and rebuilding after damage must meet the water setback to the greatest practical extent, as decided by the Planning Board.
Permits
All development in the SZO needs a Shoreland Zoning Permit from the relevant Review Authority, with pre- and post-construction photos [7]. Work in or over the water also needs state DEP and possibly Army Corps permits.
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Next steps
- Check the City zoning map (updated 9-23-26) to see whether your lot is in the SZO and which subdistrict, and whether it's east or west of Thorne Head.
- Have a surveyor or site plan show the high-water line or wetland edge and your proposed setback distance.
- Apply to the Codes Enforcement Office (55 Front Street, 207-443-8334) for a Shoreland Zoning Permit with a scaled site plan and preconstruction photos; Planning & Development (207-443-8363) handles setback reduction plans.
- Don't cut trees in the 75-foot buffer until you've confirmed what's allowed with the Code Enforcement Officer.
Common questions
- What are the shoreland zoning rules in Bath, Maine?
- Bath's Shoreland Zone Overlay covers land within 250 feet of a great pond, river, coastal wetland (including tidal areas) or freshwater wetland, and 75 feet of a stream. All development there needs a Shoreland Zoning Permit.
- How far from the water do I have to build in Bath, Maine?
- New buildings must be 150 feet from saltwater and coastal wetlands east of Thorne Head, or 250 feet west of Thorne Head toward Merrymeeting Bay, and 75 feet from streams and wetlands. A Waterfront Setback Reduction Plan can lower that, but not below 75 feet east or 150 feet west.
- Can I cut trees near the water in Bath, Maine?
- Only within limits. In the 75-foot buffer along rivers, tributary streams and wetlands, no cleared opening can exceed 250 square feet, and one footpath up to 6 feet wide is allowed if it doesn't open a view to the water. Confirm with the Code Enforcement Officer before cutting.
- Can I expand a house close to the water in Bath, Maine?
- Only if it doesn't increase the nonconformity. You can maintain and repair a nonconforming structure, but Bath's code offers no percentage expansion allowance. Relocating or rebuilding after damage must meet the water setback to the greatest practical extent, as the Planning Board decides.
Maine's shoreland zoning rules
Under the Mandatory Shoreland Zoning Act (38 M.R.S. §435–449), every town must enforce shoreland zoning at least as strict as the DEP's minimum guidelines (Chapter 1000).
What's in the shoreland zone: land within 250 ft of a great pond, river, tidal water, coastal wetland or most freshwater wetlands, and within 75 ft of a stream.
State minimum standards:
- Setbacks for new buildings: 100 ft from great ponds classified GPA and from rivers that flow into them. 75 ft from other water bodies, tributary streams and wetlands.
- Lot coverage: non-vegetated surfaces (buildings, driveways, etc.) are capped at 20% of the shoreland part of the lot in most districts.
- Expanding an older building that sits too close to the water: no expansion of any part within 25 ft of the water. Within 75 ft, the total footprint is capped at 1,000 sq ft or 30% more than the footprint on Jan. 1, 1989, whichever is larger, and height at 20 ft or the existing height.
- Vegetation buffer (within 100 ft of GPA ponds, 75 ft of other waters): no cleared opening over 250 sq ft, except one winding footpath up to 6 ft wide. Selective tree cutting only, with no more than 40% of tree volume removed in 10 years.
- Total clearing: at most 25% of the shoreland lot area or 10,000 sq ft, whichever is larger, in most districts.
Work in or beside the water may also need a DEP permit.
What the ordinance says
- LUC §7.3.B Applicability, City of Bath Land Use Code (new code adopted by City Council 2026-09-02, effective 2026-09-23), p. 54
SZO District boundaries are delineated on the Bath Zoning Map. The SZO District applies to all lands within 250 feet, horizontal distance, of the following:
- LUC §7.3.D.1.c.iii-iv, City of Bath Land Use Code (new code adopted by City Council 2026-09-02, effective 2026-09-23), p. 55
iii. 150 feet from the normal high-water line of Great Ponds, rivers that flow to Great Ponds, saltwater bodies, or the upland edge of a coastal wetland, if located east of Thorne Head. iv. 250 feet from the normal high-water line of Great Ponds, rivers that flow to Great Ponds, saltwater bodies, or the upland edge of a coastal wetland, if located west of Thorne Head.
- LUC §7.3.D.1.c.i-ii, City of Bath Land Use Code (new code adopted by City Council 2026-09-02, effective 2026-09-23), p. 55
i. 75 feet from the edge of a stream or tributary stream. ii. 75 feet from the upland edge of a coastal or freshwater wetland.
- LUC §7.3.D.1.b, City of Bath Land Use Code (new code adopted by City Council 2026-09-02, effective 2026-09-23), p. 55
There shall be no minimum setback for new principal and accessory structures located in the SZO Commercial Fisheries/Maritime Activities Subdistrict (SZO-CF).
- LUC §7.3.F.6.a.i Waterfront Setback Reduction Plan, City of Bath Land Use Code (new code adopted by City Council 2026-09-02, effective 2026-09-23), p. 71
With respect to new developments, the Staff Review Committee has the authority to reduce the Setback requirements in Section 7.3.D.1 regarding waterbody setbacks, but to not less than 75 feet east of Thorne Head, or 150 feet west of Thorne Head.
- LUC §7.3.E.4.b.i, City of Bath Land Use Code (new code adopted by City Council 2026-09-02, effective 2026-09-23), p. 56
There may be no cleared opening greater than 250 square feet in the forest canopy (or other existing woody vegetation if a forested canopy is not present) as measured from the outer limits of the tree or shrub crown. However, a footpath not to exceed six feet in width as measured between tree trunks and/or shrub stems is allowed provided that a cleared line of sight to the water through the buffer strip is not created.
- LUC §7.3.F.1.a Permit Required, City of Bath Land Use Code (new code adopted by City Council 2026-09-02, effective 2026-09-23), p. 68
All development or other land use activity within the Shoreland Zone Overlay District shall require a Shoreland Zoning Permit from the applicable Review Authority. This permit shall be in addition to any other permit or plan approvals which may be required by this Ordinance.
- LUC §20.3.A Nonconforming Structure, Maintenance, City of Bath Land Use Code (new code adopted by City Council 2026-09-02, effective 2026-09-23), p. 253
Normal maintenance and repair may be performed on any nonconforming structure. No repairs or reconstruction are permitted that would create any new nonconformity or increase the degree of the previously existing nonconformity.