Building near the water in Brunswick, Maine (shoreland zoning)
Brunswick's Shoreland Protection Overlay covers land within 250 feet of rivers and coastal or freshwater wetlands (including tidal areas) and within 75 feet of tributary streams. New buildings must generally be set back 125 feet from rivers and coastal/freshwater wetlands and 75 feet from streams, and any development there needs a Shoreland Protection Permit.
| Shoreland zone extent | 250 ft from rivers and coastal/freshwater wetlands (incl. tidal areas); 75 ft from tributary streams [1] |
| Setback from river or coastal/freshwater wetland | 125 ft [2] |
| Setback from stream or tributary stream | 75 ft [2] |
| Setback from rated waterfowl/wading bird habitat wetlands | 250 ft [3] |
| Expansion within 25 ft of the water | Prohibited [5] |
| Expansion of nonconforming structures within 125 ft of river/wetland | Combined footprint max 1,000 sq ft or 30% over Jan. 1, 1989; height max 20 ft or existing [6] |
| Vegetated buffer | 75 ft; no cleared opening over 250 sq ft; one footpath up to 6 ft wide [7] |
| Total clearing | 25% of SPO lot area or 10,000 sq ft, whichever is greater [8] |
| Permit | Shoreland Protection Permit for all development [9] |
| Non-vegetated surface limit | 20% of the lot area within the SPO [13] |
| Lot size per dwelling unit (SPO) | 30,000 sq ft and 150 ft frontage (tidal); 40,000 sq ft and 200 ft (non-tidal) [12] |
Where the rules apply
The Shoreland Protection Overlay (SPO) includes land within 250 feet of the normal high-water line of any river, within 250 feet of the upland edge of a coastal wetland (including all tidal areas) or a freshwater wetland, and within 75 feet of a tributary stream [1]. Stream Protection and Resource Protection sub-districts (floodplains, steep slopes, rated wildlife habitat) are mapped on the zoning map.
Setbacks for new structures
New principal and accessory structures (other than water-dependent ones like docks) must be at least 75 feet from a stream or tributary stream and 125 feet from a river or the upland edge of a coastal or freshwater wetland [2]. Wetlands rated moderate- or high-value waterfowl and wading bird habitat require 250 feet [3]. On a small nonconforming lot where a shed can't meet the setback, the CEO may allow one tool shed up to 80 sq ft and 8 ft tall, no closer to the water than the house [4]. In the SPO, Table 4.2.5.F(1) requires at least 30,000 sq ft of lot area and 150 ft of shore frontage per dwelling unit next to tidal areas (40,000 sq ft and 200 ft next to non-tidal areas) [12], and non-vegetated surfaces are capped at 20% of the SPO portion of the lot [13].
Expanding an older, too-close building
A nonconforming structure may be expanded with a permit if the expansion doesn't increase nonconformity. Expansion of any portion within 25 feet of the water is prohibited [5], except that a house lying entirely within 25 feet may grow to 800 sq ft or 30% over its January 1, 1989 footprint, whichever is greater, and 15 feet or its existing height [14]. Within 125 feet of a river or wetland, the combined footprint may not exceed 1,000 sq ft or 30% more than on January 1, 1989, whichever is greater, and height is capped at 20 feet or the existing height, whichever is greater [6]. Approved expansion plans must be recorded at the Registry of Deeds within 90 days.
Trees and clearing
A 75-foot vegetated buffer must be kept along streams, rivers, tidal waters and wetlands [10]; only selective cutting is allowed, with no cleared opening over 250 sq ft except one footpath up to 6 feet wide [7]. Beyond the buffer, no more than 40% of tree volume may be cut in 10 years [11], and total cleared area may not exceed 25% of the SPO lot area or 10,000 sq ft, whichever is greater [8].
Permits
All development in the SPO requires a Shoreland Protection Permit, with pre- and post-construction photos [9].
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Next steps
- Check the Brunswick Zoning Map for SPO boundaries and any Resource Protection or Stream Protection sub-district on your lot.
- Have the normal high-water line or wetland edge located (a surveyor is useful) and measure setbacks from it.
- Apply for a Shoreland Protection Permit through Planning & Development (207-725-6660) with a site plan and pre-construction photos of the shoreline vegetation.
- Don't clear trees or vegetation in the 75-ft buffer before getting CEO guidance; submit post-construction photos within 20 days of finishing.
Common questions
- What is the shoreland zone in Brunswick, Maine?
- The Shoreland Protection Overlay covers land within 250 feet of rivers and coastal or freshwater wetlands, including tidal areas, and within 75 feet of tributary streams.
- How far must a new building be from the water in Brunswick, Maine?
- New buildings must generally be 125 feet from rivers and coastal or freshwater wetlands and 75 feet from streams. Wetlands rated moderate- or high-value waterfowl and wading bird habitat require 250 feet.
- Do I need a permit to build near the water in Brunswick, Maine?
- Yes. All development in the Shoreland Protection Overlay requires a Shoreland Protection Permit, with pre- and post-construction photos.
- Can I cut trees near the shore in Brunswick, Maine?
- Only selective cutting is allowed in the 75-foot vegetated buffer. No cleared opening can exceed 250 sq ft, except one footpath up to 6 feet wide.
- Can I expand a house that is close to the water in Brunswick, Maine?
- Expansion of any part within 25 feet of the water is prohibited, with an exception for a house lying entirely within 25 feet. Within 125 feet of a river or wetland, the combined footprint may not exceed 1,000 sq ft or 30% more than on January 1, 1989, whichever is greater.
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
- Sec. 2.3.3.B(1), Zoning Ordinance (Appendix A, Municipal Code)
All land areas within 250 feet, horizontal distance, of the normal high-water line of any river; within 250 feet, horizontal distance, of the upland edge of a coastal wetland, including all areas affected by tidal action; within 250 feet of the upland edge of a freshwater wetland; and all land areas within 75 feet, horizontal distance of the edge of a tributary stream.
- Sec. 2.3.3.C(1)a.i-iii, Zoning Ordinance (Appendix A, Municipal Code)
75 feet from the edge of a stream or tributary stream; ii. 125 feet from the normal high-water line of a river; iii. 125 feet from the upland edge of a coastal or freshwater wetland; and
- Sec. 2.3.3.C(1)a.iv, Zoning Ordinance (Appendix A, Municipal Code)
250 feet from the upland edge of freshwater wetlands, salt marshes and salt meadows, and wetlands associated with great ponds and rivers, where such areas are rated as "moderate" or "high" value waterfowl and wading bird habitat, including nesting and feeding areas, by the Maine Department of Inland Fisheries and Wildlife (MDIF&W) as of December 31, 2008,
- Sec. 2.3.3.C(1)b, Zoning Ordinance (Appendix A, Municipal Code)
Such accessory structure shall not exceed 80 square feet in area nor eight (8) feet in height, shall be located as far from the shoreline, wetland or stream to the greatest extent practicable and shall satisfy all other applicable standards, including, but not limited to, impervious coverage and vegetation clearing limitations.
- Sec. 1.6.4.B(2)b, Zoning Ordinance (Appendix A, Municipal Code)
Expansion of any portion of a structure within 25 feet of the normal high-water line of a water body, tributary stream, or upland edge of a wetland is prohibited, even if the expansion does not increase nonconformity with the water body, tributary stream or wetland setback requirement.
- Sec. 1.6.4.B(2)d.i, Zoning Ordinance (Appendix A, Municipal Code)
For structures located less than 125 feet from a river freshwater wetland, or coastal wetland, the maximum combined total footprint for all structures may not be expanded to a size greater than 1,000 square feet or 30 percent larger than the footprint that existed on January 1, 1989, whichever is greater. The maximum height of any structure may not exceed 20 feet, or the height of the existing structure, whichever is greater.
- Sec. 2.3.3.C(11)a.vi, Zoning Ordinance (Appendix A, Municipal Code)
There shall be no cleared opening in the vegetated buffer's forested canopy (as measured from the outer limits of the tree or shrub crown)—or the canopy of other existing woody vegetation if a forested canopy is not present—that is greater than 250 square feet in area provided, however, that a single footpath no wider than six (6) feet (as measured between tree trunks and/or shrub stems) is allowed for the purpose of accessing the shoreline provided that a cleared line of sight to the water through the buffer strip is not created.
- Sec. 2.3.3.C(11)b.ii, Zoning Ordinance (Appendix A, Municipal Code)
In no event shall the aggregate area of openings cleared for any purpose (including, but not limited to, principal and accessory structures, driveways, lawns, and sewage disposal areas) exceed 25 percent of the lot area within the SPO District or 10,000 square feet, whichever is greater.
- Sec. 5.2.6.A, Zoning Ordinance (Appendix A, Municipal Code)
All development or other land use activity within the Shoreland Protection Overlay District shall require a Shoreland Protection Permit from the applicable Review Authority in accordance with Development Review thresholds as stated in Table 5.2.9.B and the following review criteria.
- Sec. 2.3.3.C(11)a.i, Zoning Ordinance (Appendix A, Municipal Code)
A buffer of vegetation shall be preserved within a strip of land extending a minimum horizontal distance of 75 feet inland from the normal high water line of a stream, tributary stream, river, or tidal waters, and the upland edge of a coastal or freshwater wetland.
- Sec. 2.3.3.C(11)b.i, Zoning Ordinance (Appendix A, Municipal Code)
At horizontal distances greater than 75 feet from the normal high-water line of any water body, tributary stream or the upland edge of a wetland, there shall be allowed on any lot, in any ten (10) year period, selective cutting of not more than 40 percent of the volume of trees four (4) inches or more in diameter, measured four and one-half (4.5) feet above ground level.
- Sec. 4.2.5.F(1), Table 4.2.5.F(1), Zoning Ordinance (Appendix A, Municipal Code)
Minimum lot area and minimum shore frontage standards for lots located within the Shoreland Protection Overlay are contained in Table 4.2.5.F(1).
- Table 4.2.5.F(1), note [2], Zoning Ordinance (Appendix A, Municipal Code)
Non-vegetated surfaces shall not exceed a total of twenty (20) percent of the portion of the lot located within the SPO.
- Sec. 1.6.4.B(2)c.i, Zoning Ordinance (Appendix A, Municipal Code)
The maximum total footprint for the principal structure may not be expanded to a size greater than 800 square feet or 30 percent larger than the footprint that existed on January 1, 1989, whichever is greater. The maximum height of the principal structure may not be made greater than 15 feet or the height of the existing structure, whichever is greater.