Building near the water in Gorham, Maine (shoreland zoning)
Gorham's shoreland rules apply within 250 ft of a great pond, river or freshwater wetland and within 75 ft of a stream. New buildings must be set back 100 ft from great ponds and rivers that flow into them, 75 ft from other waters and wetlands, and 250 ft in Resource Protection areas. You need shoreland approval from the Code Enforcement Officer for most work, and Board of Appeals approval to expand or move an older building that's too close to the water.
| Shoreland zone | 250 ft from great ponds, rivers, freshwater wetlands; 75 ft from streams [1] |
| Building setback | 100 ft (great ponds/rivers to great ponds); 75 ft (other waters, wetlands); 250 ft in Resource Protection [2] |
| Lot coverage | 20% max of shoreland portion [3] |
| Nonconforming expansion | Less than 30% floor area/volume since Jan 1, 1989 for the portion within the setback [4] |
| Expansion toward water | Not allowed for buildings within the setback [5] |
| Buffer clearing | No cleared opening over 250 sq ft; 6 ft footpath allowed [6] |
| Tree removal | Max 40% of tree volume (4 in.+) in 10 years [7] |
| Total clearing | 25% of shoreland lot area or 10,000 sq ft, whichever is greater [8] |
| Approval | Planning Board for permanent docks, subdivisions, site plans; CEO for other activity [9] |
Where the rules apply
The Shoreland Overlay covers land within 250 ft of the normal high-water line of a great pond or river or the upland edge of a freshwater wetland, and within 75 ft of a stream [1]. The official map is only illustrative. The actual boundary is measured from the water or wetland, and the Code Enforcement Officer has the final say. Resource Protection and Stream Protection subdistricts allow far fewer uses.
Setbacks and coverage
All new principal and accessory buildings and structures must be at least 100 ft from a great pond or a river flowing to one, 75 ft from other water bodies, tributary streams and wetlands, and 250 ft in Resource Protection [2]. Docks and other water-dependent structures are exempt from the setback. Buildings, parking and other non-vegetated surfaces can't exceed 20% of the shoreland part of the lot [3]. Patios, driveways and sidewalks count as structures in the shoreland zone.
Older buildings too close to the water
You need a Board of Appeals permit to enlarge a nonconforming building. The part of the building within the setback can't grow by 30% or more in floor area or volume over its lifetime, measured from January 1, 1989 [4]. It also can't be expanded toward the water [5]. Relocations, replacements and new foundations must meet the setback "to the greatest practical extent" as decided by the Board of Appeals, and vegetation removed to relocate or rebuild must be replanted. Gorham's 30% floor-area-and-volume test is an older form of the state rule. Current state minimums limit footprint and height instead (generally 1,000 sq ft or 30% and 20 ft or the existing height, whichever is greater, within 75 ft). They also bar expanding the part of a building within 25 ft of the water, except that a building located entirely within 25 ft may grow to 800 sq ft or 30% and 15 ft or its existing height, whichever is greater. Gorham's ordinance has no separate 25-ft rule, so state law may override Gorham's rule in some cases.
Trees and vegetation
Within 100 ft of a great pond or a river flowing to one (75 ft of other waters, tributary streams and wetlands), a vegetation buffer must be kept. No cleared opening may exceed 250 sq ft, and a winding footpath up to 6 ft wide is allowed [6]. Selective cutting must keep a well-distributed stand of trees under a point system, with no more than 40% of tree volume removed in 10 years [7]. Total clearing on the shoreland part of a lot is capped at 25% or 10,000 sq ft, whichever is greater [8].
Approvals
Permanent docks, subdivisions and site plans need Planning Board shoreland approval. Most other work needs approval from the Code Enforcement Officer [9].
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Next steps
- Measure how far your project is from the high-water line or wetland edge (Code Enforcement can confirm the zone and subdistrict).
- For new work, design to meet the 100/75/250 ft setback and the 20% coverage cap.
- Apply to Gorham Code Enforcement (207-222-1605) for shoreland zoning approval and a building permit, with a site plan showing distances to the water and any trees to be cut.
- If you want to expand, move or rebuild a structure that's already within the setback, apply to the Board of Appeals.
- Work in, on or next to the water may also need a Maine DEP permit.
Common questions
- What is the shoreland zone in Gorham, Maine?
- It covers land within 250 ft of a great pond, river or freshwater wetland, and within 75 ft of a stream. The official map is only illustrative, and the Code Enforcement Officer has the final say on the boundary.
- How far must a new building be from water in Gorham, Maine?
- New buildings must be set back 100 ft from great ponds and rivers that flow into them, 75 ft from other waters and wetlands, and 250 ft in Resource Protection areas. Buildings and other non-vegetated surfaces can cover no more than 20% of the shoreland part of the lot.
- Can I cut trees near the water in Gorham, Maine?
- Only within limits. Within 100 ft of a great pond or a river flowing to one (75 ft of other waters), no cleared opening may exceed 250 sq ft, though a footpath up to 6 ft wide is allowed. No more than 40% of tree volume can be removed in 10 years.
- Can I expand a house that is too close to the water in Gorham, Maine?
- You need Board of Appeals approval. The part within the setback can't grow by 30% or more in floor area or volume since January 1, 1989, and can't expand toward the water. State law may override Gorham's rule in some cases.
- Who approves shoreland work in Gorham, Maine?
- The Code Enforcement Officer approves most work. The Planning Board approves permanent docks, subdivisions and site plans. Work in or near the water may also need a Maine DEP permit.
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. 2-1.E(2) Applicability, Land Use and Development Code – Chapter 2: General Standards of Performance, p. 16
This subsection applies to the "Shoreland area", which term is defined as all land areas within 250 feet, horizontal distance, of the normal high-water line of any great pond or river; within 250 feet, horizontal distance, of the upland edge of a freshwater wetland; and within 75 feet, horizontal distance, of the normal high-water line of a stream.
- Sec. 2-1.E(9)(b)(1), Land Use and Development Code – Chapter 2: General Standards of Performance, p. 23
All new principal and accessory buildings and structures shall be set back at least one hundred (100) feet, horizontal distance, from the normal high-water line of a great pond or a river flowing to a great pond and seventy-five (75) feet, horizontal distance, from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland. In the Resource Protection District the setback requirement shall be two hundred fifty (250) feet, horizontal distance, except for structures, roads, parking spaces or other regulated objects specifically allowed in that district, which shall be subject to the setback requirements set forth above.
- Sec. 2-1.E(9)(b)(3), Land Use and Development Code – Chapter 2: General Standards of Performance, p. 23
The total footprint area of all buildings/structures, parking lots and other non-vegetated surfaces, within the shore land zone shall not exceed twenty percent (20%) of the lot or a portion thereof located within the shoreland zone, including land area previously developed.
- Sec. 2-1.E(6)(b)(1)(a), Land Use and Development Code – Chapter 2: General Standards of Performance, p. 17
If any portion of a building is less than 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 building shall not be expanded in floor area or volume after January 1, 1989, by thirty percent (30%) or more, during the lifetime of the building.
- Sec. 2-1.E(6)(b)(1)(c), Land Use and Development Code – Chapter 2: General Standards of Performance, p. 17
No building which is less than the required setback from the normal high-water line of a water body, tributary stream, or upland edge of a wetland shall be expanded toward the water body, tributary stream, or wetland.
- Sec. 2-1.E(9)(l)(2)(a), Land Use and Development Code – Chapter 2: General Standards of Performance, p. 30
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 or shrub crown.
- Sec. 2-1.E(9)(l)(2)(b), Land Use and Development Code – Chapter 2: General Standards of Performance, p. 31
Notwithstanding the above provisions, no more than forty percent (40%) of the total volume of trees four (4) inches or more in diameter, measured at 4 1/2 feet above ground level may be removed in any ten (10) year period.
- Sec. 2-1.E(9)(l)(3), Land Use and Development Code – Chapter 2: General Standards of Performance, p. 31
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.
- Sec. 2-1.E(10)(a) Shoreland Zoning Approval Required, Land Use and Development Code – Chapter 2: General Standards of Performance, p. 32
After the effective date of this Subsection no person shall: engage in any activity or land use regulated by this Land Use and Development Code and located in the Shoreland Overlay District without first obtaining shoreland zoning approval from the Planning Board for any permanent pier, dock, wharf or other structure or use extending over or below the normal high-water line or within a wetland for any activity or land use requiring Planned Unit Development review under Chapter 1, Subdivision Review under Chapter 3, or Site Plan review under Chapter 4, or for any exception to the livestock grazing provisions of Subparagraph j) 5) or to the timber harvesting provisions of subparagraph k) (2), or from the Code Enforcement Officer for any other activity or land use.