Do I need a permit for a shed in Cape Elizabeth, Maine?
Yes, but Cape Elizabeth requires a Building Permit from the Code Enforcement Officer for any new structure, sheds included; only a small open-sided wood storage shelter (up to 100 sq ft and 7 ft tall) is exempt. In the Residence A, B and C districts a shed of 100 sq ft or less and no taller than 8.5 ft can sit 5 ft from the side and rear lot lines, and one under 200 sq ft and no taller than 15 ft needs 10 ft; larger accessory buildings follow the district's full setbacks (30 ft in Residence A/B, 20 ft in Residence C).
| Permit required | Building Permit for any structure [1] |
| Permit exemption | Wood storage shelter up to 100 sq ft, 7 ft tall, at least one open side (also exempt from setbacks) [2] |
| Side/rear setback, shed up to 100 sq ft and 8.5 ft tall (Residence A) | 5 ft [3] |
| Side/rear setback, accessory building under 200 sq ft and up to 15 ft tall (Residence A) | 10 ft [4] |
| Side/rear setback, larger structures (Residence A) | 30 ft [5] |
| Side/rear setback, larger structures (Residence C) | 20 ft [7] |
| Max building height (Residence A) | 35 ft [6] |
Permit
Cape Elizabeth's zoning ordinance has no size threshold below which a shed is exempt: no building or structure may be constructed, altered, enlarged or moved until the Code Enforcement Officer issues a Building Permit [1]. The ordinance's definition of "building" expressly includes sheds. The one exception is a wood storage shelter used only for wood, no more than 100 sq ft and 7 ft tall with at least one open side, which needs no building permit and is exempt from property-line setbacks [2]. The permit application needs a scaled site plan showing the structure's distance to all property lines.
Setbacks in residential districts
The Residence A, B and C districts give small accessory buildings reduced side and rear setbacks:
- Up to 100 sq ft and 8.5 ft tall: 5 ft from side and rear lines [3].
- Under 200 sq ft and no more than 15 ft tall: 10 ft from side and rear lines (added Feb. 4, 2026) [4].
- Anything larger: the district's standard setback, 30 ft in Residence A [5] and Residence B, and 20 ft in Residence C [7]. On developed nonconforming lots the side and rear setbacks may be reduced under Sec. 19-4-3.A.2.
Front setbacks follow the district standard for all structures (30 ft from a local street in Residence A/B, 20 ft in Residence C), and the ordinance does not give sheds a reduced front setback. A new structure within 10 ft of the minimum setback triggers a mailed notice to abutters after the permit is issued.
Height and size
The maximum building height in the residential districts is 35 ft [6], but the reduced setbacks only apply if the shed stays within the 8.5 ft or 15 ft limits above. These districts have no lot-coverage cap for single-family lots; nonconforming lots must meet the footprint rules of Sec. 19-4-3. In shoreland and Resource Protection areas, water setbacks also apply.
See how Cape Elizabeth compares with 8+ other Maine towns on sheds & accessory buildings →
Next steps
- Decide the shed's floor area and height: 100 sq ft / 8.5 ft or less allows a 5 ft side/rear setback; under 200 sq ft / 15 ft allows 10 ft.
- Draw a scaled site plan showing the shed and its distance to every property line (a boundary survey may be required if lines are uncertain).
- Apply for a Building Permit at the Code Enforcement Office (contact details at capeelizabeth.gov) before building.
- If you're near the water or a wetland, ask the office whether shoreland or Resource Protection setbacks apply.
Common questions
- Do I need a permit to build a shed in Cape Elizabeth, Maine?
- Yes, for nearly all sheds. A Building Permit is required for any new structure. The only exemption is a wood storage shelter used only for wood, up to 100 sq ft and 7 feet tall, with at least one open side.
- How far from the property line does a shed have to be in Cape Elizabeth, Maine?
- A shed of 100 sq ft or less and no taller than 8.5 feet needs 5 feet from the side and rear lines. A building under 200 sq ft and no taller than 15 feet needs 10 feet.
- What are the setbacks for a larger shed in Cape Elizabeth, Maine?
- Anything larger follows the district's standard setback: 30 feet in Residence A and B, and 20 feet in Residence C.
- How tall can a shed be in Cape Elizabeth, Maine?
- The maximum building height in the residential districts is 35 feet, but the reduced setbacks only apply if the shed stays within the 8.5 foot or 15 foot limits.
Maine building code and shoreland rules for sheds
Building code (MUBEC): The Maine Uniform Building and Energy Code adopts the 2021 International Residential Code, effective April 7, 2025. It must be enforced in towns with more than 4,000 residents. Smaller towns may choose to enforce it, but they can't adopt any other building code.
- Maine's version of the code says building permits are required "where required by municipal ordinance," and towns can exempt more work from permits.
- The residential code exempts small one-story detached accessory buildings from a building permit. Under the IRC that means up to 200 sq ft.
- Being exempt from a building permit doesn't exempt you from zoning. Setbacks, lot coverage and any land-use permit still apply. Check with your code officer.
Shoreland zone: A shed is a "structure" under the state shoreland rules, so it must meet the water setbacks: generally 100 ft from GPA great ponds and 75 ft from other waters and wetlands. It also counts toward the 20% lot-coverage cap. On a small nonconforming lot where a shed can't meet the setback, the code officer may allow one shed up to 80 sq ft and 8 ft tall, with no utilities. It has to be as far from the water as practical and never closer than the house.
What the ordinance says
- Sec. 19-3-3(A), Chapter 19 Zoning Ordinance (includes maps & appendices), p. 38
No building, structure, or part thereof shall be constructed, structurally altered, enlarged, or moved until a Building Permit for such action has been issued by the Code Enforcement Officer.
- Sec. 19-3-2(C)(4), Chapter 19 Zoning Ordinance (includes maps & appendices), p. 36
A wood storage shelter, which shall only be used for the storage of wood, that does not exceed one hundred (100) square feet on the ground, nor more than seven (7) feet in height, with at least one open air side, shall not require a building permit and shall be exempt from property line setback requirements.
- Sec. 19-6-1(E)(2) Residence A minimum setbacks, item (3), Chapter 19 Zoning Ordinance (includes maps & appendices), p. 72
(3) Accessory structures with floor area not greater than 100 square feet and a height not greater than 8-1/2 feet from average grade 5 ft.
- Sec. 19-6-1(E)(2) Residence A minimum setbacks, item (9), Chapter 19 Zoning Ordinance (includes maps & appendices), p. 73
(9) Accessory building having less than two hundred (200) square feet of floor area and no more than fifteen feet (15’) in height (Eff. Feb. 4, 2026) a. Side yard setback 10 ft. b. Rear yard setback 10 ft.
- Sec. 19-6-1(E)(2) Residence A minimum setbacks, item (1), Chapter 19 Zoning Ordinance (includes maps & appendices), p. 71
(1) All uses unless otherwise specified 30 ft.
- Sec. 19-6-1(E)(2) Residence A maximum building height, Chapter 19 Zoning Ordinance (includes maps & appendices), p. 74
MAXIMUM BUILDING HEIGHT (1) All uses 35 ft.
- Sec. 19-6-3 Residence C minimum setbacks, item (1), Chapter 19 Zoning Ordinance (includes maps & appendices), p. 85
MINIMUM SETBACKS (1) All uses unless otherwise specified 20 ft.