Building near the water in Boothbay Harbor, Maine (shoreland zoning)
Boothbay Harbor's shoreland zone covers land within 250 feet of tidal waters, coastal wetlands, great ponds, rivers and freshwater wetlands, and within 75 feet of streams. New buildings generally must be set back 75 feet from the water, structures and paved areas are limited to 20% of the shoreland part of most lots, and you need a permit before building, expanding or clearing.
| Shoreland zone | 250 ft from tidal waters, coastal wetlands, great ponds, rivers, freshwater wetlands; 75 ft from streams [1] |
| Setback for new buildings | 75 ft from most water bodies and wetlands (100 ft from GPA great ponds; 250 ft in Resource Protection) [2] |
| Max height (residential districts) | 30 feet [3] |
| Lot coverage | 20% of the shoreland part of the lot (70% Downtown Business on tidal waters and Working Waterfront) [4] |
| Expanding a building inside the setback | Less than 30% in floor area or volume over the structure's lifetime (since Jan. 1, 1989) [5] |
| Vegetation buffer | No cleared opening over 250 sq ft; footpath up to 6 ft wide [6] |
| Total cleared area | 25% of the shoreland lot area or 10,000 sq ft, whichever is greater [7] |
| Permit | Required to build, expand, change or replace a use or structure [8] |
Where it applies
Article VIII of the Land Use Ordinance (Chapter 170) is an overlay that applies within 250 feet of a great pond, river, coastal wetland (including all tidal areas) or freshwater wetland, and within 75 feet of a stream [1]. The Official Shoreland Zoning Map shows the district for each lot.
Setbacks, height and coverage
New principal and accessory structures must be at least 75 feet from the normal high-water line or wetland edge (100 feet from GPA great ponds) [2]. There is no minimum in the Downtown Business I District, none for water-dependent uses in the Limited Commercial/Maritime and Working Waterfront Districts, and 250 feet in Resource Protection. Piers, docks and retaining walls that need direct water access are exempt from the setback. On a nonconforming lot where a shed can't meet the setback, the Code Enforcement Officer may permit one storage shed up to 80 square feet and 8 feet tall. Buildings in the residential, Resource Protection and Stream Protection districts are limited to 30 feet in height [3]. Structures, parking and other non-vegetated surfaces can cover no more than 20% of the shoreland part of a lot, or 70% in the Downtown Business District on tidal waters and in the Working Waterfront District [4].
Expanding an older building
If part of a building is inside the setback, that part may not be expanded by 30% or more in floor area or volume over the building's lifetime, counted from January 1, 1989 [5]. Expansions need a permit from the same authority as a new structure and can't increase the nonconformity. State law may override this provision: Maine's current DEP minimum standards use footprint and height caps instead of the 30% rule.
Trees and clearing
Within 75 feet of the water (100 feet of GPA ponds), you must keep a vegetated buffer: no cleared opening larger than 250 square feet, and only a footpath up to six feet wide [6]. Selective cutting must leave a well-distributed stand of trees. Total cleared area on the lot, including lawns, driveways and septic areas, can't exceed 25% of the shoreland area or 10,000 square feet, whichever is greater [7].
Permits
You need a permit before building, expanding, changing or replacing a use or structure [8]. Table 1 of the ordinance assigns each activity to the Code Enforcement Officer or Planning Board; we couldn't review that table.
Next steps
- Ask the Boothbay Harbor Code Enforcement Office (207-633-3671) which shoreland district your lot is in on the Official Shoreland Zoning Map.
- Have a surveyor locate the normal high-water line or wetland edge and measure your setback and lot coverage.
- Submit a written permit application with a scaled site plan; Table 1 decides whether the Code Enforcement Officer or Planning Board reviews it.
- If work is within 75 feet of the water, check whether you also need a DEP Natural Resources Protection Act permit.
Common questions
- What is the shoreland zone in Boothbay Harbor, Maine?
- It covers land within 250 feet of tidal waters, coastal wetlands, great ponds, rivers and freshwater wetlands, and within 75 feet of streams. The Official Shoreland Zoning Map shows the district for each lot.
- How far must a new building be from the water in Boothbay Harbor, Maine?
- New buildings must generally be at least 75 feet from the normal high-water line or wetland edge, and 100 feet from GPA great ponds. There's no minimum in the Downtown Business I District, and the setback is 250 feet in Resource Protection.
- Can I expand a house close to the water in Boothbay Harbor, Maine?
- The part of a building inside the setback can't be expanded by 30% or more in floor area or volume over its lifetime, counted from January 1, 1989. State law may override this, since Maine's current DEP minimum standards use footprint and height caps instead.
- Can I cut trees near the water in Boothbay Harbor, Maine?
- Only within limits. Within 75 feet of the water you must keep a vegetated buffer with no cleared opening larger than 250 square feet, and only a footpath up to six feet wide. Total cleared area can't exceed 25% of the shoreland area or 10,000 square feet, whichever is greater.
- Do I need a permit to build near the water in Boothbay Harbor, Maine?
- Yes. You need a permit before building, expanding, changing or replacing a use or structure. Table 1 of the ordinance assigns each activity to the Code Enforcement Officer or Planning Board, and we couldn't review it.
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
- Ch. 170, Art. VIII Shoreland Zoning, Applicability, Land Use Ch. 170, Article VIII Shoreland Zoning - eCode360
This article applies to all land areas within 250 feet, horizontal distance, of the normal highwater line of any great pond or river, upland edge of a coastal wetland, including all areas affected by tidal action or, upland edge of a freshwater wetland, and all land areas within 75 feet, horizontal distance, of the normal high-water line of a stream.
- § 170-101.10 B(1) Principal and accessory structures, Land Use Ch. 170, Article VIII Shoreland Zoning - eCode360
All new principal and accessory structures shall be set back at least 100 feet, horizontal distance, from the normal high-water line of great ponds classified GPA and rivers that flow to great ponds classified GPA, and 75 feet, horizontal distance, from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland, except that in the Downtown Business I District there shall be no minimum setback.
- § 170-101.10 B(2), Land Use Ch. 170, Article VIII Shoreland Zoning - eCode360
Principal or accessory structures and expansions of existing structures, which are permitted in the Resource Protection, Special Residential District, General Residential District, and Stream Protection District, shall not exceed 30 feet in height.
- § 170-101.10 B(4), Land Use Ch. 170, Article VIII Shoreland Zoning - eCode360
The total footprint area of all structures, parking lots and other nonvegetated surfaces, within the Shoreland Zone shall not exceed 20% of the lot or a portion thereof, located within the Shoreland Zone, including land area previously developed, except in the Downtown Business District adjacent to tidal waters and rivers that do not flow to great ponds classified GPA, and in the Working Waterfront District, where lot coverage shall not exceed 70%.
- § 170-101.7 C(1)(a) Nonconforming structures, Expansions, Land Use Ch. 170, Article VIII Shoreland Zoning - eCode360
After January 1, 1989, if any portion of a structure is less than the required setback from the normal high-water line of a water body or tributary stream or the upland edge of a wetland, in, on or over the water, that portion of the structure shall not be expanded, as measured in floor area or volume, by 30% or more, during the lifetime of the structure.
- § 170-101.10 P(2)(a)[1] Maintenance of buffer strip, Land Use Ch. 170, Article VIII Shoreland Zoning - eCode360
There shall 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.
- § 170-101.10 P(4)(a) Cleared openings, Land Use Ch. 170, Article VIII Shoreland Zoning - eCode360
In no event shall cleared openings for any purpose, including but not limited to, principal and accessory structures, driveways, lawns and sewage disposal areas, exceed in the aggregate, 25% of the lot area within the Shoreland Zone or 10,000 square feet, whichever is greater, including land previously cleared.
- § 170-101.11 B Permits required, Land Use Ch. 170, Article VIII Shoreland Zoning - eCode360
After the effective date of this article, no person shall, without first obtaining a permit, engage in any activity or use of land or structure requiring a permit in the district in which such activity or use would occur; or expand, change, or replace an existing use or structure; or renew a discontinued nonconforming use.