Do I need a permit for a shed in Kittery, Maine?
Yes. Kittery's land use code (2022 version) requires a permit from the Code Enforcement Officer to build any building, including a shed. In the R-RL, R-U, R-S and B-L zones, accessory buildings need side and rear setbacks of at least 10 feet and must stay at least 30 feet from a neighbor's house. Front-yard setbacks are larger (40 feet in R-S).
| Permit required | Yes, for erecting any building or structure [1] |
| Accessory building side/rear setback (R-RL, R-U, R-S, B-L) | At least 10 ft [3] |
| Distance from a neighbor's house | At least 30 ft from a principal building on an adjoining lot [3] |
| Front yard (R-S zone) | 40 ft [4] |
| Max building coverage (R-S) | 20% [4] |
| Max building height (R-S) | 35 ft [5] |
| Small shed on a nonconforming lot | Under 121 sq ft: half the side/rear setback (not in R-V) [6] |
| Shoreland tool shed where setback can't be met (nonconforming lot) | Max 80 sq ft and 8 ft tall, no utilities, CEO permit [7] |
Permit
Under Title 16, no building or structure "may be erected, moved, added to or otherwise structurally altered" without a permit from the Code Enforcement Officer [1]. The permit thresholds include constructing a building, increasing lot coverage, and work worth more than $2,000 [2]. The code has no size-based exemption for small sheds, so plan to apply even for a small prefab shed.
Setbacks
The code defines accessory building side and rear yards: in the R-RL, R-U, R-S and B-L zones, those setbacks are at least 10 ft, "except no building may be closer than 30 feet to a principal building on an adjoining lot" [3]. The front setback is the zone's front yard. In Residential-Suburban (R-S), that's 40 ft, with 15 ft side and rear yards for principal buildings and a 20% building coverage limit [4]. Other zones have different numbers, so check your zone's dimensional standards in Chapter 16.4.
On a legally nonconforming lot (too small or narrow for current rules), a residential storage shed under 121 sq ft can use half the normal side and rear setbacks. This doesn't apply in the R-V zone [6].
Height and coverage
The maximum building height in R-S is 35 ft [5]. Sheds count toward building coverage, but pet shelters, playground equipment, tree houses and structures that aren't buildings don't.
Near the water
In the Shoreland Overlay, new accessory structures, sheds included, must be at least 100 feet from the water or wetland edge in most zones (§ 16.4.28; see the shoreland topic). If a nonconforming lot has only a house and no spot meets that setback, the CEO may permit one tool shed with no utilities, no larger than 80 sq ft and 8 ft tall, placed as far from the shore as practical and never closer than the house [7]. Separately, Table 16.5.30 sets minimum distances from wetlands and other water bodies that depend on their size.
Source date
This answer comes from the Title 16 recodification as adopted January 24, 2022. Kittery has amended Title 16 since, so check the current text.
See how Kittery compares with 8+ other Maine towns on sheds & accessory buildings →
Next steps
- Find your zone on Kittery's zoning map and look up its front, side and rear setbacks and coverage limit in Chapter 16.4.
- Draw a plot plan showing the shed's size and distances to each lot line and to the neighbor's house (30 ft minimum in R-RL, R-U, R-S and B-L).
- Apply for a building permit with Kittery Code Enforcement (207-475-1304) before you place or build the shed.
- If your lot is in the Shoreland Overlay, ask about water body setbacks before choosing a location.
Common questions
- Do I need a permit for a shed in Kittery, Maine?
- Yes. The 2022 code requires a permit from the Code Enforcement Officer to build any building or structure, with no size-based exemption for small sheds.
- How close to the property line can I build a shed in Kittery, Maine?
- In the R-RL, R-U, R-S and B-L zones, accessory building side and rear setbacks are at least 10 feet, and no building may be closer than 30 feet to a principal building on an adjoining lot. Front setbacks are larger, 40 feet in R-S.
- Can I build a small shed on a small lot in Kittery, Maine?
- On a legally nonconforming lot, a residential storage shed under 121 sq ft can use half the normal side and rear setbacks. This doesn't apply in the R-V zone.
- Are there shed rules near water in Kittery, Maine?
- In the Shoreland Overlay, new accessory structures must be at least 100 feet from the water or wetland edge in most zones. If a nonconforming lot has only a house and no spot meets that, the CEO may permit one tool shed up to 80 sq ft and 8 ft tall, with no utilities.
Maine building code and shoreland rules for sheds
Building code (MUBEC): The Maine Uniform Building and Energy Code adopts the 2021 International Residential Code, effective April 7, 2025. It must be enforced in towns with more than 4,000 residents. Smaller towns may choose to enforce it, but they can't adopt any other building code.
- Maine's version of the code says building permits are required "where required by municipal ordinance," and towns can exempt more work from permits.
- The residential code exempts small one-story detached accessory buildings from a building permit. Under the IRC that means up to 200 sq ft.
- Being exempt from a building permit doesn't exempt you from zoning. Setbacks, lot coverage and any land-use permit still apply. Check with your code officer.
Shoreland zone: A shed is a "structure" under the state shoreland rules, so it must meet the water setbacks: generally 100 ft from GPA great ponds and 75 ft from other waters and wetlands. It also counts toward the 20% lot-coverage cap. On a small nonconforming lot where a shed can't meet the setback, the code officer may allow one shed up to 80 sq ft and 8 ft tall, with no utilities. It has to be as far from the water as practical and never closer than the house.
What the ordinance says
- § 16.2.8.A Building/Regulated Activity Permits: Permit, Title 16 Land Use and Development Code as adopted January 24, 2022 (recodification), p. 22
A. Permit. No building, including municipal buildings, or structure may be erected, moved, added to or otherwise structurally altered and no regulated activity is to commence without a permit, issued by the Code Enforcement Officer and in compliance with all applicable state and federal requirements.
- § 16.2.8.E Permit threshold, Title 16 Land Use and Development Code as adopted January 24, 2022 (recodification), p. 23
E. Permit threshold. A permit is required if the activity involves any of the following thresholds, as determined by the Code Enforcement Officer: 294 (1). Fair market value of the work is greater than $2,000;
- § 16.3.2 Definitions: Yard, Accessory Building Side and Rear, Title 16 Land Use and Development Code as adopted January 24, 2022 (recodification), p. 91
In the R-RL, R-U, R-S and B-L Zones, accessory building side and rear yard setbacks that 1824 are at least 10 feet, except no building may be closer than 30 feet to a principal building on 1825 an adjoining lot.
- § 16.4.11.D(2) R-S Dimensional standards, Title 16 Land Use and Development Code as adopted January 24, 2022 (recodification), p. 100
(d) Minimum front yard: 40 feet. (e) Maximum building coverage: 20%. (f) Minimum rear and side yards: 15 feet
- § 16.4.11.D(2)(g) R-S Dimensional standards, Title 16 Land Use and Development Code as adopted January 24, 2022 (recodification), p. 100
(g) Maximum building height: 35 feet
- § 16.1.8.C(4)(b)[3][b] Nonconforming structure repair and/or expansion, Title 16 Land Use and Development Code as adopted January 24, 2022 (recodification), p. 8
[b] Except in the Residential - Village (R-V) Zone, minimum setbacks of residential storage sheds that are less than 121 square feet, one-story residential garages that are less than 577 square feet, and decks less than 251 square feet may be one-half the minimum rear and side yard setbacks, providing the lots are legally nonconforming.
- § 16.4.28.E Shoreland Overlay: principal and accessory structures, Title 16 Land Use and Development Code as adopted January 24, 2022 (recodification), p. 208
Such accessory structure must not exceed 80 4667 square feet in area nor eight feet in height and must be located as far from the 4668 shoreline or tributary stream as practical and meet all other applicable standards, 4669 including lot coverage and vegetation clearing limitations.