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Building near the water in Falmouth, Maine (shoreland zoning)

Falmouth, Cumberland County · Ordinances checked 2026-10-15 · Reviewed · 10 cited sections

Allowed with board review

Building near the water in Falmouth needs a Shoreland Zone Permit from Code Enforcement, and new structures must generally be set back at least 100 feet from the normal high-water line or the upland edge of a wetland (250 feet in Resource Protection). Buildings already inside the setback can't be expanded by 30% or more in floor area or volume over their lifetime, and expansions need Board of Zoning Appeals approval.

Structure setback from water/wetland100 feet from the normal high-water line or upland edge of a wetland [1]
Resource Protection District setback250 feet [1]
Exempt from water setbackStructures needing direct water access, such as piers, docks and retaining walls [1]
Max non-vegetated coverage in shoreland zone20% of the lot area within the zone [2]
Shore frontage on great pond, river, stream or tidal water200 feet minimum lot width [3]
Expansion of structures within the setbackLess than 30% in floor area or volume over the structure's lifetime; never toward the water [4]
Buffer clearingNo cleared canopy opening over 250 sq ft; footpath up to 6 ft wide [6]
Shoreline stairway widthMax 4 feet, with a Code Enforcement permit [8]
Clearing beyond the bufferMax 25% of lot area or 10,000 sq ft, whichever is greater [10]

Setbacks and lot coverage

Under Sec. 19-111, all structures must be at least 100 feet from the normal high-water line of a water body or the upland edge of a designated wetland. Structures that need direct water access, such as piers, docks and retaining walls, are exempt. In the Resource Protection District the setback is 250 feet [1]. Buildings, parking and other non-vegetated surfaces can cover no more than 20% of the part of the lot in the shoreland zone [2], and lots on a great pond, river, stream or tidal water need 200 feet of width [3]. Near unstable coastal bluffs, setbacks are measured from the top of the bluff.

Expanding an existing home that's too close

If any part of a structure is inside the water setback, that part can't be expanded by 30% or more in floor area or volume during its lifetime. These expansions need conditional use approval from the Board of Zoning Appeals [4]. No nonconforming structure may be expanded toward the water [5]. A new foundation must meet the setback to the greatest practical extent.

Trees and vegetation

Within 100 feet of a great pond or 75 feet of other water bodies and wetlands, a vegetated buffer must be kept. No cleared opening in the canopy may exceed 250 square feet, though a footpath up to 6 feet wide is allowed [6]. Selective cutting follows a point system, and you may prune branches on the bottom third of a tree [7]. Farther back, cleared openings for development are capped at 25% of the lot area or 10,000 square feet, whichever is greater [10]. Shoreline stairways on steep slopes are limited to 4 feet wide and need a Code Enforcement permit [8].

Flood zones

Many coastal lots are also in a FEMA flood zone, where a separate Flood Hazard Development Permit is required before any construction [9]. Ordinance 27-2025 later amended the floodplain elevation standards.

Age of these sources

The shoreland sections we have are printed with an effective date of 12/9/2013 (and Sec. 19-86 was last amended in 2009), so later amendments may exist. Maine's current statewide minimums (DEP Chapter 1000) handle expansions of buildings close to the water differently, with footprint and height caps based on distance from the water (for example, within 75 feet, a total footprint of 1,000 sq ft or 30% more than the January 1, 1989 footprint, whichever is greater) instead of a 30% floor-area/volume test. State rules may override parts of Sec. 19-86, so ask Code Enforcement which standard it applies before designing an expansion.

See how Falmouth compares with 8+ other Maine towns on building near the water (shoreland zoning) →

Next steps

  1. Ask Code Enforcement (207-699-5310) whether your lot is in the shoreland zone and which shoreland district applies.
  2. Submit a Shoreland Zone Permit Application with a plot plan showing the setback from the High Annual Tide line and erosion control, plus calculations for any expansion or tree cutting.
  3. For expanding a structure inside the setback, file a Sec. 19-86 conditional use application with the Board of Zoning Appeals ($375; due 28 days before the 4th-Tuesday hearing).
  4. Include any DEP or Army Corps permits, and get a Flood Hazard Development Permit if the work is in a FEMA flood zone.

Common questions

How close to the water can I build in Falmouth, Maine?
New structures must generally be at least 100 feet from the normal high-water line or the upland edge of a wetland, or 250 feet in the Resource Protection District. Piers, docks and retaining walls are exempt. These rules are printed with a 12/9/2013 effective date, so later amendments may exist.
Do I need a shoreland zoning permit in Falmouth, Maine?
Yes. Building near the water needs a Shoreland Zone Permit from Code Enforcement, with a plot plan showing the setback from the High Annual Tide line and erosion control. Include any DEP or Army Corps permits, and get a Flood Hazard Development Permit if the work is in a FEMA flood zone.
Can I expand a house close to the water in Falmouth, Maine?
It depends. Falmouth's text bars expanding the part inside the setback by 30% or more in floor area or volume over its lifetime, never toward the water, with Board of Zoning Appeals approval. That text dates from 2013, and Maine's current DEP rules use footprint and height caps instead, so ask Code Enforcement which standard applies.
Can I cut trees on a shoreland lot in Falmouth, Maine?
Only within limits. In the vegetated buffer, no cleared canopy opening may exceed 250 square feet, though a footpath up to 6 feet wide is allowed, and selective cutting follows a point system. Farther back, clearing is capped at 25% of the lot area or 10,000 square feet, whichever is greater.
How much of a shoreland lot can be covered in Falmouth, Maine?
No more than 20% of the part of the lot in the shoreland zone can be covered by buildings, parking and other non-vegetated surfaces. These rules carry a 2013 effective date, so later amendments may exist.

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.

State sources: 38 M.R.S. §435 (Shoreland areas) · DEP Chapter 1000: Guidelines for Municipal Shoreland Zoning Ordinances · Maine DEP Shoreland Zoning program · 38 M.R.S. §480-C (NRPA permit requirement)

What the ordinance says

Exact text from Falmouth's published ordinances. Section numbers are as printed in the source.

  1. Sec. 19-111.d, Shoreland Zone Permit Application with Shoreland Zoning excerpts (Div. II-19-1-7: Sec. 19-104 vegetation clearing; Sec. 19-111 structures and lots), p. 7
    All structures shall be set back at least one hundred (100) feet, horizontal distance, from the normal high-water line of a water body or the upland edge of a designated wetland. The water body or wetland setback provision shall neither apply to structures which require direct access to the water as an operational necessity, such as piers, docks and retaining walls, nor to other functionally water-dependent uses. In the Resource Protection District the setback requirement shall be 250 feet, horizontal distance, except for structures, roads, parking spaces or other regulated objects specifically allowed in that district in which case the setback requirements specified above shall apply.
  2. Sec. 19-111.g, Shoreland Zone Permit Application with Shoreland Zoning excerpts (Div. II-19-1-7: Sec. 19-104 vegetation clearing; Sec. 19-111 structures and lots), p. 7
    The total footprint area of all structures, parking lots, and other non-vegetated surfaces within the shoreland zone shall not exceed twenty (20) percent of the lot or a portion thereof, as located within the shoreland zone, including land area previously developed.
  3. Sec. 19-111.c, Shoreland Zone Permit Application with Shoreland Zoning excerpts (Div. II-19-1-7: Sec. 19-104 vegetation clearing; Sec. 19-111 structures and lots), p. 6
    Any lot abutting a great pond, river, designated stream, or tidal water shall have a minimum width at all points of two hundred (200) feet
  4. Sec. 19-86.a, Nonconforming Structures in a Shoreland Zone - BZA Conditional Use Application with text of Sec. 19-86 (expansion of nonconforming structures, 30% rule), p. 5
    If any portion of a structure or an attached accessory structure is less than the required setback from the normal high- water line of a water body or tributary stream or upland edge of a designated wetland, that portion of the structure shall not be expanded in floor area or volume, by 30% or more, during its lifetime.
  5. Sec. 19-86.d, Nonconforming Structures in a Shoreland Zone - BZA Conditional Use Application with text of Sec. 19-86 (expansion of nonconforming structures, 30% rule), p. 5
    No structure which is less than the required setback from the normal high-water line of a water body or the upland edge of a designated wetland shall be expanded toward the water body or wetland.
  6. Sec. 19-104.b.1, Shoreland Zone Permit Application with Shoreland Zoning excerpts (Div. II-19-1-7: Sec. 19-104 vegetation clearing; Sec. 19-111 structures and lots), p. 3
    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 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.
  7. Sec. 19-104.b.4, Shoreland Zone Permit Application with Shoreland Zoning excerpts (Div. II-19-1-7: Sec. 19-104 vegetation clearing; Sec. 19-111 structures and lots), p. 4
    Pruning of tree branches on the bottom 1/3 of the tree is allowed.
  8. Sec. 19-111.i, Shoreland Zone Permit Application with Shoreland Zoning excerpts (Div. II-19-1-7: Sec. 19-104 vegetation clearing; Sec. 19-111 structures and lots), p. 8
    Notwithstanding the requirements stated above, stairways or similar structures may be allowed, with a permit from the Code Enforcement Officer, to provide shoreline access in areas of steep slopes or unstable soils, provided: that the structure is limited to a maximum of four (4) feet in width;
  9. Floodplain Management Ordinance, Art. II, Ordinance No. 137-2024 - Art. II-19-2 Floodplain Management Ordinance (full replacement) with FIRM dated June 20, 2024 - adopted May 29, 2024, p. 2
    Before any construction or other development (as defined in Article XIV), including the placement of manufactured homes, begins within any areas of special flood hazard established in Article I, a Flood Hazard Development Permit shall be obtained from the Code Enforcement Officer, except as provided in Article VII.
  10. Sec. 19-104.c, Shoreland Zone Permit Application with Shoreland Zoning excerpts (Div. II-19-1-7: Sec. 19-104 vegetation clearing; Sec. 19-111 structures and lots), p. 3
    cleared openings for development, including but not limited to, principal and accessory structures, driveways and sewage disposal areas, shall not exceed in the aggregate, twenty-five (25) percent of the lot area or ten thousand (10,000) square feet, whichever is greater, including land previously cleared.
This page summarizes Falmouth's posted ordinances as of 2026-10-15. Ordinances are amended, and individual lots can have overlays, subdivision covenants, or HOA rules that are stricter. Confirm with Code Enforcement Division (Community Development) (207-699-5310) before you build. Spot an error?