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

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

Allowed with a permit

Harpswell's shoreland zone covers land within 250 ft of the upland edge of coastal wetlands (the ocean and tidal areas) and freshwater wetlands, and of great ponds and rivers, and within 75 ft of streams. New buildings must be at least 75 ft from the water or wetland edge and 25 ft from property lines, and most homes and sheds need a Code Enforcement permit (Planning Board in Resource Protection). Older buildings closer than 75 ft can expand only within strict footprint and height caps, and no part within 25 ft of the water can be expanded (a house sitting entirely within 25 ft has its own, smaller caps).

Shoreland zone250 ft from coastal wetlands, freshwater wetlands, great ponds and rivers; 75 ft from streams [1]
Water/wetland setback for new structures75 ft in all districts except Resource Protection [2]
Water/wetland setback in Resource ProtectionTable lists 250 ft; structures specifically allowed in RP must be at least 75 ft [12]
Property line setback25 ft [3]
Impermeable surface cap (Shoreland Residential)20% of the lot [4]
Expansion within 25 ft of the waterProhibited [5]
Nonconforming structures within 75 ftTotal footprint up to 1,000 sq ft or 30% over the Jan. 1, 1989 footprint; height 20 ft or existing [6]
Shoreline buffer (75 ft)No cleared opening over 250 sq ft; one footpath up to 6 ft wide [7]
Tree removal limitNo more than 40% of tree volume (4 in.+) in 10 years [8]
Total clearing for development25% of the shoreland lot area or 10,000 sq ft, whichever is greater [9]
Permit to cut trees in the bufferCEO permit for trees 2 in. or more in diameter within 75 ft [10]
Homes in Shoreland ResidentialCode Enforcement Officer permit [11]
House entirely within 25 ft of the waterMay expand to 800 sq ft or 30% over the 1989 footprint; height 15 ft or existing [13]

Where the shoreland zone is

The Shoreland Zoning Ordinance covers land within 250 ft of the upland edge of a coastal wetland (including tidal areas), the upland edge of a freshwater wetland, or the high-water line of a great pond or river, and within 75 ft of a stream or tributary stream [1]. Most Harpswell waterfront is coastal.

Building setbacks and coverage

  • New principal and accessory structures must be 75 ft from the water or wetland edge. That's the setback table's figure for every district except Resource Protection [2], where the table lists 250 ft but cross-references a 75 ft minimum for structures specifically allowed there [12]. Docks, piers and other uses that need direct water access are exempt.
  • 25 ft from all property lines [3].
  • Impermeable surfaces are capped at 20% of the lot in Shoreland Residential and Resource Protection [4].
  • Height limit: 35 ft.

Expanding an older building

  • No part of a building within 25 ft of the water can be expanded, and an accessory building closer to the water than the house can't be expanded at all [5]. The exception is a house that sits entirely within 25 ft, which may still be expanded within smaller caps (below) [13].
  • For buildings less than 75 ft from the water, the combined footprint can grow to 1,000 sq ft or 30% over the footprint on Jan. 1, 1989, whichever is greater, with height capped at 20 ft or the existing height [6]. A house entirely within 25 ft is capped at 800 sq ft or 30% and 15 ft [13]. Approved plans must be recorded within 90 days.

Trees and vegetation

  • Within 75 ft of the water, keep a vegetated buffer: no cleared opening over 250 sq ft, plus one footpath up to 6 ft wide that doesn't create a view line to the water [7].
  • No more than 40% of tree volume can be removed in any 10 years [8].
  • Total cleared area for development can't exceed 25% of the shoreland lot or 10,000 sq ft, whichever is greater [9].
  • Cutting trees 2 inches or more in diameter within 75 ft needs a CEO permit [10].

Permits

In Shoreland Residential, one- and two-unit homes need a Code Enforcement Officer permit [11]. In Resource Protection, the Planning Board may approve a home only on an older lot with no buildable spot outside the district, a 1,500 sq ft total footprint cap, and a 75 ft minimum setback. Work in or next to coastal wetlands may also need a DEP permit.

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

Next steps

  1. Call the Code Enforcement Office (207-833-5771) to confirm your district and get the distance from the upland edge of the wetland or shoreline measured.
  2. Before cutting any tree 2 inches or more in diameter within 75 ft of the water, apply for a CEO cutting permit with a plan and flagged trees.
  3. For an expansion of an older building near the water, bring your 1989 footprint, existing and proposed footprints and heights; plan to record the approved plan within 90 days.
  4. Ask Code Enforcement whether your project also needs a DEP Natural Resources Protection Act permit.

Common questions

What is the shoreland zone in Harpswell, Maine?
It covers land within 250 ft of the upland edge of coastal wetlands (including tidal areas), freshwater wetlands, great ponds and rivers, and within 75 ft of streams. Most Harpswell waterfront is coastal.
How far must a new building be from the water in Harpswell, Maine?
New structures must be at least 75 ft from the water or wetland edge and 25 ft from property lines. Resource Protection is different: the table lists 250 ft, but structures specifically allowed there must be at least 75 ft.
Can I expand a house close to the water in Harpswell, Maine?
Only within caps. No part within 25 ft of the water can be expanded. For buildings less than 75 ft from the water, the footprint can grow to 1,000 sq ft or 30% over the Jan. 1, 1989 footprint, whichever is greater, with height capped at 20 ft or the existing height.
Can I cut trees near the shore in Harpswell, Maine?
Cutting trees 2 inches or more in diameter within 75 ft of the water needs a Code Enforcement permit. No cleared opening can exceed 250 sq ft, and no more than 40% of tree volume can be removed in any 10 years.
Do I need a permit to build a home in Harpswell's shoreland zone?
In Shoreland Residential, one- and two-unit homes need a Code Enforcement Officer permit. In Resource Protection, the Planning Board may approve a home only on an older lot with no buildable spot outside the district. Work near coastal wetlands may also need a 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.

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

  1. Sec. 3 Applicability, Shoreland Zoning Ordinance (2025), p. 4
    All land areas within two hundred fifty (250) feet, horizontal distance, of the o Upland edge of a coastal wetland, including areas affected by tidal action, o Upland edge of a freshwater wetland, or o Normal high-water line of any great pond or river
  2. Sec. 15.2.1 Setback Requirements table, Shoreland Zoning Ordinance (2025), p. 26
    Minimum setback from the maximum high water line of a stream, tributary stream, or 250 feet – see 75 feet the upland edge of a wetland for non- 15.2.1.4.
  3. Sec. 15.2.1 Setback Requirements table, Shoreland Zoning Ordinance (2025), p. 26
    Minimum setback from a property line 25 feet 25 feet
  4. Table 15.2.4 Maximum Impermeable Surface Area, Shoreland Zoning Ordinance (2025), p. 29
    Resource Protection Twenty (20) Shoreland Residential Twenty (20)
  5. Sec. 10.3.1.1, Shoreland Zoning Ordinance (2025), p. 6
    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.
  6. Sec. 10.3.1.3.1, Shoreland Zoning Ordinance (2025), p. 7
    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 percent (30%) larger than the total 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, whichever is greater.
  7. Sec. 15.15.2.1, Shoreland Zoning Ordinance (2025), p. 40
    There shall be no cleared opening greater than two hundred fifty (250) square feet in the forest canopy (or existing woody vegetation if a forested canopy is not present) as measured from the outer limits of the tree crown. However, a single footpath not to exceed six (6) feet in width as measured between tree trunks, and/or shrub stems is permitted for access to the shoreline provided that a cleared line of sight to the water through the buffer is not created.
  8. Sec. 15.15.2.2, Shoreland Zoning Ordinance (2025), p. 41
    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 four and one half (4- 1/2) feet above ground level may be removed in any ten (10) year period.
  9. Sec. 15.15.3, Shoreland Zoning Ordinance (2025), p. 42
    twenty-five percent (25%) of the lot area or ten thousand (10,000) square feet, whichever is greater, including land previously developed.
  10. Sec. 15.15.7.2, Shoreland Zoning Ordinance (2025), p. 42
    The cutting or clearing of any trees two (2) inches or more in diameter, measured at four and one half (4-1/2) feet above ground level within a strip of land extending seventy-five (75) feet, horizontal distance, from the normal high water line of a stream, tributary stream, or the upland edge of a wetland.
  11. Sec. 14 Table 1, row 15.1, Shoreland Zoning Ordinance (2025), p. 20
    15.1. One and two-unit residential uses, including driveways PB10 CEO CEO no CEO no
  12. Sec. 15.2.1.4, Shoreland Zoning Ordinance (2025), p. 27
    In a Resource Protection District, the shoreline setback requirement for structures, roads, parking spaces or other related objects specifically allowed in the RP District shall be a minimum of seventy-five (75) feet horizontal distance.
  13. Sec. 10.3.1.2, Shoreland Zoning Ordinance (2025), p. 7
    Notwithstanding 10.3.1.1 above, if a legally existing nonconforming principal structure is entirely located less than twenty-five (25) feet from the normal high-water line of a water body, tributary stream, or upland edge of a wetland, that structure may be expanded as follows, as long as all other applicable land use standards are met and the expansion is not otherwise prohibited.
This page summarizes Harpswell'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 Code Enforcement Office (207-833-5771) before you build. Spot an error?