Building near the water in Cape Elizabeth, Maine (shoreland zoning)
You can build near the water in Cape Elizabeth, but within 250 feet of tidal water, Great Pond, the Spurwink River or a freshwater wetland (75 feet of a stream) you're in the Shoreland Performance Overlay District. New homes and accessory structures must be set back 75 feet from tidal waters and most other waters (250 feet from Great Pond, 100 feet from critical wetlands), impervious surfaces are capped at 20% of the shoreland part of the lot, and you need a permit from the Code Enforcement Officer.
| Shoreland zone | 250 ft from tidal waters, Great Pond, Spurwink River and freshwater wetlands; 75 ft from streams [1] |
| Setback, tidal waters and other water bodies | 75 ft for new principal and accessory structures [3] |
| Setback, Great Pond | 250 ft [2] |
| Max lot coverage (impervious) in shoreland | 20% of the lot area in the district [4] |
| Expansion of a nonconforming structure | Portion within setback: max 30% floor area/volume increase over its lifetime (since Jan. 1, 1989) [5] |
| Vegetation buffer | No cleared opening over 250 sq ft within 75 ft of the water (100 ft of RP1 wetlands); footpath up to 6 ft [6] |
| Total clearing | 25% of shoreland lot area or 10,000 sq ft, whichever is greater [7] |
Where the shoreland rules apply
The Shoreland Performance Overlay District covers land within 250 ft of the normal high-water line of Great Pond, the Spurwink River and tidal waters, and of the upland edge of freshwater wetlands, plus land within 75 ft of a stream [1]. The town's map is a guide; the actual boundary depends on the features on your site. Separate Resource Protection districts cover critical wetlands and floodplains and need a Resource Protection Permit from the Planning Board for many activities.
Setbacks and coverage
New principal and accessory structures must be 250 ft from Great Pond [2], 100 ft from the upland edge of RP1 critical wetlands, and 75 ft from the high-water line of other water bodies, including the ocean, and tributary streams [3] (the setback table's row for "other water bodies and tributary streams" gives 75 ft for all new principal and accessory structures). Setbacks are measured from the closest part of the structure, including decks and patios, and from the top of an unstable coastal bluff. Piers, docks and other structures that need direct water access are exempt from the setback. Buildings may be up to 35 ft tall, and all structures, parking and other impervious surfaces may cover no more than 20% of the part of the lot in the district [4].
Expanding an existing building
A nonconforming structure can be expanded with a Code Enforcement Officer permit if the expansion doesn't increase the nonconformity. Any part that's within the water setback may not grow by more than 30% in floor area or volume over the structure's lifetime since January 1, 1989 [5], and it can't expand toward the water. The current state minimum rules instead bar any expansion within 25 ft of the water and cap footprint and height within 75 ft, so state law may override this provision; confirm with the Code Enforcement Office.
Trees and vegetation
Within 75 ft of the water (100 ft of RP1 wetlands) a vegetated buffer must be kept: no cleared opening over 250 sq ft, apart from a footpath up to 6 ft wide [6]. No more than 40% of tree volume may be cut in 10 years. Total cleared area may not exceed 25% of the shoreland portion of the lot or 10,000 sq ft, whichever is greater [7].
Next steps
- Check the town's Shoreland Performance Overlay and Resource Protection maps, then confirm the distance from the high-water line or wetland edge on site.
- Have a plan drawn showing setbacks to the water, existing and proposed impervious area, and any trees to be removed.
- Apply to the Code Enforcement Office (contact details at capeelizabeth.gov) for a building permit; projects within 125 ft of the high-water line trigger notice to abutters.
- For work in Resource Protection areas, apply to the Planning Board for a Resource Protection Permit; work in or over the water may also need a Maine DEP permit.
Common questions
- How far from the water can I build in Cape Elizabeth, Maine?
- New principal and accessory structures must be 75 feet from the high-water line of tidal waters and most other water bodies, 250 feet from Great Pond, and 100 feet from the upland edge of RP1 critical wetlands.
- What is the shoreland zone in Cape Elizabeth, Maine?
- The Shoreland Performance Overlay District covers land within 250 feet of Great Pond, the Spurwink River, tidal waters and freshwater wetlands, plus land within 75 feet of a stream.
- How much of my lot can be covered near the water in Cape Elizabeth, Maine?
- Structures, parking and other impervious surfaces may cover no more than 20% of the part of the lot in the shoreland district.
- Can I clear trees near the water in Cape Elizabeth, Maine?
- Within 75 feet of the water you must keep a vegetated buffer: no cleared opening over 250 sq ft, apart from a footpath up to 6 feet wide. No more than 40% of tree volume may be cut in 10 years.
- Can I expand a house near the water in Cape Elizabeth, Maine?
- The ordinance allows the part within the water setback to grow by no more than 30% in floor area or volume since January 1, 1989. State rules are stricter and may override this, so confirm with the Code Enforcement Office.
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. 19-6-11(A), Chapter 19 Zoning Ordinance (includes maps & appendices), p. 152
The Shoreland Performance Overlay District applies to all land within two hundred fifty (250) feet, horizontal distance, of the: • normal high-water line of any great pond and the Spurwink River • normal high-water line of tidal waters; (Effective September 11, 2014) • upland edge of a freshwater wetland and all land areas within seventy-five (75) feet, horizontal distance, of the normal high-water line of a stream.
- Sec. 19-6-11(E)(2) Minimum Shoreline Setbacks (1), Chapter 19 Zoning Ordinance (includes maps & appendices), p. 154
250 ft. for all new principal and accessory structures not including structures (1) Normal high water line of Great Pond
- Sec. 19-6-11(E)(2) Minimum Shoreline Setbacks (3), Chapter 19 Zoning Ordinance (includes maps & appendices), p. 155
75 ft. for all new principal and accessory (3) Normal high water line of other water structures, not including structures bodies and tributary streams operationally necessitated by functionally water-dependent uses
- Sec. 19-6-11(E)(2) Maximum Coverage, Chapter 19 Zoning Ordinance (includes maps & appendices), p. 155
The total footprint area of all structures, parking lots and other impervious surfaces, within the shoreland district shall not exceed (1) All uses twenty percent (20%) of the lot, or the portion thereof, located within the district, including land area previously developed.
- Sec. 19-4-4(B)(1)(a), Chapter 19 Zoning Ordinance (includes maps & appendices), p. 51
After January 1, 1989, if any portion of a structure does not meet the required setback from the normal high-water line of a water body or tributary stream or the upland edge of a wetland, that portion of the structure shall not be expanded in floor area or volume by more than 30% during the lifetime of the structure.
- Sec. 19-8-2(K)(2)(a), Chapter 19 Zoning Ordinance (includes maps & appendices), p. 221
There shall be no cleared opening greater than two hundred fifty (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 crown. However, a footpath not to exceed six (6) feet in width as measured between tree trunks is permitted provided that a cleared line of sight to the water through the buffer strip is not created.
- Sec. 19-8-2(K)(3), Chapter 19 Zoning Ordinance (includes maps & appendices), p. 223
In no event shall cleared openings for any purpose, including but not limited to, principal and accessory structures, driveways and sewage disposal areas, exceed in the aggregate, twenty-five percent (25%) of the lot area within the shoreland zone or ten thousand (10,000) square feet, whichever is greater, including land previously cleared.