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

Freeport, Cumberland County · Ordinances checked 2026-10-01 · Reviewed · 13 cited sections

Allowed with a permit

Freeport's Shoreland Zone covers land within 250 ft of the ocean, tidal areas, and freshwater wetlands, and within 75 ft of streams. New houses, additions, and sheds must be at least 75 ft from the high-water line or wetland edge (250 ft in Resource Protection 1). Inside the 75-ft buffer, clearing is limited to openings of 250 sq ft or less, and most work needs a Codes Enforcement permit.

Shoreland Zone extent250 ft from coastal/tidal or freshwater wetland edge; 75 ft from streams [1]
Structure setback from water75 ft (250 ft in Resource Protection 1) [2]
Max non-vegetated lot coverage20% of the lot area in the shoreland zone [4]
Max non-vegetated lot coverage (Marine Waterfront)70% [13]
Max height35 ft [5]
Expansion of the part of a structure within 25 ft of waterProhibited, except a principal structure located entirely within 25 ft (see next) [6]
Principal structure entirely within 25 ft of waterFootprint up to 800 sq ft or 30% over the 1/1/1989 footprint, whichever is greater; height up to 15 ft or existing height, whichever is greater [7]
Expansion of nonconforming structures within 75 ftFootprint up to 1,000 sq ft or 30% over the 1/1/1989 footprint, whichever is greater; height up to 20 ft or existing height, whichever is greater [8]
Clearing in 75-ft bufferNo cleared opening >250 sq ft; one footpath ≤6 ft wide [9]
Tree removal (outside the buffer)≤40% of volume of trees ≥4 in. in any 10 years [10]
Total cleared openings≤25% of the lot area in the shoreland zone or 10,000 sq ft, whichever is greater [11]
Single-family home in Shoreland AreaCEO permit [12]

Which properties are in the Shoreland Zone

Chapter 65 applies to land within 250 ft of the upland edge of a coastal wetland (including all tidal areas) or a freshwater wetland, and within 75 ft of a stream [1]. Districts: Resource Protection 1, Shoreland Area, Stream Protection, and Marine Waterfront.

Building

  • Setback: all new principal and accessory structures must be at least 75 ft from the normal high-water line or wetland edge [2]. In Resource Protection 1 the setback is 250 ft [3]. Piers, docks, and erosion-control retaining walls are exempt, and the Marine Waterfront district has no shore setback.
  • Lot coverage: non-vegetated surfaces (structures, driveways, parking areas and other cleared areas) may not exceed 20% of the part of the lot inside the shoreland zone [4], or 70% in Marine Waterfront [13].
  • Height: no more than 35 ft [5].
  • Permits: a single-family home in the Shoreland Area needs a CEO permit; in Resource Protection 1 it is allowed only by special exception. Accessory structures need a CEO permit in the Shoreland Area and Marine Waterfront, and Project Review Board approval in Resource Protection 1 and Stream Protection [12].

Expanding an older, nonconforming building

  • Within 25 ft: as a rule, no part of a structure within 25 ft of the water may be expanded [6]. The exception: a legally existing principal structure located entirely within 25 ft may grow to 800 sq ft or 30% more than its January 1, 1989 footprint, whichever is greater, and to 15 ft or its existing height, whichever is greater [7].
  • Within 75 ft: the combined footprint of all structures can grow to 1,000 sq ft or 30% more than the January 1, 1989 footprint, whichever is greater, and height to 20 ft or the existing height, whichever is greater [8].
  • An accessory structure closer to the water than the house can't be expanded. You need a CEO permit, and the approved plan must be recorded at the registry of deeds within 90 days.

Trees and vegetation

Within the 75-ft buffer, no cleared opening in the canopy may exceed 250 sq ft. One winding footpath up to 6 ft wide is allowed [9]. Beyond 75 ft, you may remove no more than 40% of the volume of trees 4 inches or more in diameter in any 10-year period [10]. Total cleared area may not exceed 25% of the shoreland portion of the lot or 10,000 sq ft, whichever is greater [11].

Work in or next to a wetland or waterbody may also need a Maine DEP permit.

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

Next steps

  1. Check the Official Zoning Map, or ask Codes Enforcement (contact details on the Town of Freeport website), to see whether your lot is in the Shoreland Zone and which district it's in.
  2. Have the normal high-water line or wetland edge located (a surveyor can do it) and measure your planned setbacks and existing footprint.
  3. Submit a shoreland permit application with a scaled site plan to the Codes Enforcement Officer before you clear, build, expand, or fill.
  4. Before cutting trees near the water, get the 75-ft buffer clearing rules from Codes. Also ask whether you need a Maine DEP Natural Resources Protection Act permit.

Common questions

How far from the water can I build in Freeport, Maine?
New principal and accessory structures must be at least 75 feet from the high-water line or wetland edge, and 250 feet in Resource Protection 1. Piers, docks and erosion-control retaining walls are exempt.
What is the shoreland zone in Freeport, Maine?
Land 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 stream.
Can I clear trees near the water in Freeport, Maine?
Within the 75-foot buffer, no cleared opening in the canopy may exceed 250 sq ft, with one footpath up to 6 feet wide. Beyond that, no more than 40% of the volume of trees 4 inches or larger may be removed in any 10 years.
Can I expand a house near the water in Freeport, Maine?
As a rule, no part of a structure within 25 feet of the water may be expanded. Within 75 feet, the combined footprint can grow to 1,000 sq ft or 30% over the January 1, 1989 footprint, whichever is greater.
How much of my lot can be paved or built on near the water in Freeport, Maine?
Non-vegetated surfaces may not exceed 20% of the part of the lot inside the shoreland zone, or 70% in Marine Waterfront.

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 Freeport's published ordinances. Section numbers are as printed in the source.

  1. Sec. 104 Applicability, Shoreland Zoning Ordinance (Chapter 65), p. 4
    This Ordinance applies to all land areas within 250 feet, horizontal distance, of the · 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.
  2. Sec. 306.B.1, Shoreland Zoning Ordinance (Chapter 65), p. 31
    1. All new principal and accessory structures shall be setback at least seventy-five (75) feet, horizontal distance, from the normal high-water line of a waterbody, tributary stream or the upland edge of a wetland.
  3. Sec. 306.B.1, Shoreland Zoning Ordinance (Chapter 65), p. 31
    In the Resource Protection 1 District, the setback requirement shall be two hundred and fifty (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.
  4. Sec. 306.B.3, Shoreland Zoning Ordinance (Chapter 65), p. 32
    3. With the exception of the Marine Waterfront District, non-vegetated surfaces shall not exceed a total of twenty (20) percent of the portion of the lot located within the shoreland zone.
  5. Sec. 306.B.4, Shoreland Zoning Ordinance (Chapter 65), p. 32
    Principal or accessory structures and expansions of existing structures which are permitted in the Marine Waterfront District, Resource Protection 1, Stream Protection, and Shoreland Area, shall not exceed thirty-five (35) feet in height.
  6. Sec. 202.C.1.a, Shoreland Zoning Ordinance (Chapter 65), p. 21
    a. Expansion of any portion of a structure within twenty-five (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 will not increase nonconformity with the water body, tributary stream or wetland setback requirement.
  7. Sec. 202.C.1.b.i, Shoreland Zoning Ordinance (Chapter 65), p. 21
    The maximum total footprint for the principal structure may not be expanded to a size greater than eight hundred (800) square feet or thirty (30%) percent larger than the footprint that existed on January 1, 1989, whichever is greater.
  8. Sec. 202.C.1.c.i, Shoreland Zoning Ordinance (Chapter 65), p. 21
    For structures located less than seventy-five (75) feet from the normal high-water line of a water body, tributary stream, or upland edge of a wetland, the maximum combined total footprint for all structures may not be expanded to a size greater than one thousand (1,000) square feet or thirty (30%) percent larger than the footprint that existed on January 1, 1989, whichever is greater. The maximum height of any structure may not be made greater than twenty (20) feet or the height of the existing structure within seventy-five (75) feet from the normal high-water line of a water body, tributary stream, or upland edge of a wetland , whichever is greater.
  9. Sec. 306.N.2.a, Shoreland Zoning Ordinance (Chapter 65), p. 39
    a. There shall be no cleared opening greater than two hundred and 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 or shrub crown;
  10. Sec. 306.N.3.a, Shoreland Zoning Ordinance (Chapter 65), p. 41
    At distances greater than seventy-five (75) feet, horizontal distance, from the normal high-water line of all water bodies, 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 forty (40) percent of the volume of trees four (4) inches or more in diameter, measured four and one-half (4 ½) feet above ground level.
  11. Sec. 306.N.3.a, Shoreland Zoning Ordinance (Chapter 65), p. 41
    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, 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.
  12. Sec. 305, Table 1, lines 13a and 14, Shoreland Zoning Ordinance (Chapter 65), p. 29
    14. Structures accessory to allowed uses PRB PRB CEO CEO
  13. Sec. 306.B.3, Shoreland Zoning Ordinance (Chapter 65), p. 32
    In the Marine Waterfront District, non-vegetated surfaces shall not exceed a total of seventy (70) percent of the portion of the lot located within the shoreland zone.
This page summarizes Freeport's posted ordinances as of 2026-10-01. Ordinances are amended, and individual lots can have overlays, subdivision covenants, or HOA rules that are stricter. Confirm with Codes Enforcement (207-865-4743 ext. 3) before you build. Spot an error?