Building near the water in Kittery, Maine (shoreland zoning)
Kittery's Shoreland Overlay covers land within 250 feet of rivers, saltwater and coastal wetlands (75 feet of streams). New houses and accessory structures generally must be at least 100 feet from the water or wetland edge, and devegetated area is capped at 20% of the lot in most residential zones. Expanding a nonconforming building inside the setback needs Planning Board approval and is capped at 1,000 sq ft of total footprint or 30% over the 1989 footprint, whichever is greater.
| Shoreland Overlay extent | 250 ft from rivers, saltwater and coastal wetlands; 75 ft from streams [1] |
| Setback for new principal and accessory structures | 100 ft (75 ft in MU-BI and MU-KF; 250 ft in Resource Protection) [2] |
| Small patios or decks (up to 500 sq ft) | 75 ft setback [3] |
| Max devegetated area (most residential zones) | 20% of the lot area within the overlay [4] |
| Expansion within 25 ft of the water | Prohibited for the portions within 25 ft of a building only partly within 25 ft [6] |
| Principal structure entirely within 25 ft | May expand: footprint up to 800 sq ft or 30% over the Jan. 1, 1989 footprint, whichever is greater; height up to 15 ft or existing, whichever is greater [12] |
| Expansion cap for structures inside the setback | 1,000 sq ft total, or 30% over the Jan. 1, 1989 footprint, whichever is greater [7] |
| Cutting within 100 ft of the water | Prohibited except to remove safety hazards (ask the CEO how the buffer-strip rules apply) [11] |
| Vegetation buffer | No cleared opening over 250 sq ft within 100 ft; 6 ft footpath allowed [8] |
| Tree removal limit in buffer | No more than 40% of tree volume in 10 years [9] |
| Total clearing limit | 25% of the overlay lot area or 10,000 sq ft, whichever is greater [10] |
Which land is covered
The Shoreland Overlay covers land within 250 feet of the normal high-water line of any river or saltwater body or the upland edge of a coastal wetland, plus a 75-foot Stream Protection area along streams [1]. Resource Protection and Commercial Fisheries/Maritime overlays also exist; the stricter rule controls.
Setbacks and coverage
New principal and accessory structures must be at least 100 feet from the water or wetland edge. The setback is 75 feet in the Badgers Island and Kittery Foreside mixed-use zones and 250 feet in Resource Protection [2]. Piers and other water-dependent structures are exempt. Patios or decks up to 500 sq ft need a 75-foot setback [3]. Devegetated area (buildings, driveways, lawns, etc.) can't exceed 20% of the lot area in the overlay, with higher limits in some mixed-use and commercial zones [4].
Expanding an older building
Expanding a nonconforming structure inside the shoreland setback needs Planning Board approval [5]. If a house is only partly within 25 feet of the water, the part within 25 feet can't be expanded [6]. A house located entirely within 25 feet can still be expanded: its footprint can grow to 800 sq ft or 30% more than the January 1, 1989 footprint, whichever is greater, and its height to 15 feet or the existing height, whichever is greater [12]. For other buildings inside the setback, all structures combined may grow to 1,000 sq ft or 30% more than the January 1, 1989 footprint, whichever is greater. Height within the base zone setback is capped at 20 feet or the existing height, whichever is greater [7]. If the expansion stays outside the setback (for example, going straight up within the existing footprint), the Code Enforcement Officer can approve it.
Trees and clearing
Kittery's current Chapter 16.9 opens its clearing rules with a flat statement: in the Shoreland Overlay, "cutting of vegetation is prohibited" within 100 feet of the water or wetland edge "except to remove safety hazards" [11]. The next paragraph then sets buffer-strip standards for that same 100-foot strip: no cleared opening larger than 250 sq ft, though a winding footpath up to 6 feet wide is allowed [8], selective cutting only if a well-distributed stand remains, and no more than 40% of tree volume removed in ten years [9]. Because the two provisions overlap, treat any cutting within 100 feet as off-limits until the Code Enforcement Officer tells you otherwise. Hazard-tree removal needs a CEO permit. Total clearing on the overlay part of the lot is capped at 25% or 10,000 sq ft, whichever is greater [10].
Permits
Conforming houses and accessory structures can be approved by the CEO with a building permit. Other shoreland development generally needs Planning Board approval. State and federal permits may also apply.
Source date
The expansion and vegetation rules come from the current Chapter 16.9 (amended December 9, 2024). The overlay boundaries, setbacks and coverage come from the January 24, 2022 Title 16 PDF, which may predate later amendments.
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Next steps
- Check Kittery's zoning map to see whether your lot is in the Shoreland, Resource Protection or Stream Protection overlay, and find the high-water line or wetland edge.
- Hold a pre-application meeting with the Town Planner or Code Enforcement (207-475-1304). Bring a site plan, the devegetated area calculation and predevelopment photos.
- For a conforming new building, get a building permit from the CEO. For expanding a structure inside the setback or other shoreland development, apply to the Planning Board.
- Get CEO approval (and a hazard-tree permit where needed) before cutting any trees or vegetation, especially within 100 feet of the water, and ask whether DEP or Army Corps permits apply.
Common questions
- What is the shoreland zone in Kittery, Maine?
- The Shoreland Overlay covers land within 250 feet of rivers, saltwater and coastal wetlands, plus a 75-foot Stream Protection area along streams.
- How far must a new building be from the water in Kittery, Maine?
- New principal and accessory structures must be at least 100 feet from the water or wetland edge. It's 75 feet in the Badgers Island and Kittery Foreside mixed-use zones, and 250 feet in Resource Protection.
- Can I expand a house close to the water in Kittery, Maine?
- Expanding a nonconforming structure inside the setback needs Planning Board approval. Total footprint is capped at 1,000 sq ft or 30% over the January 1, 1989 footprint, whichever is greater. A house only partly within 25 feet can't expand the part within 25 feet.
- Can I cut trees near the water in Kittery, Maine?
- Treat cutting within 100 feet as off-limits until the Code Enforcement Officer says otherwise. The code says cutting is prohibited there except to remove safety hazards, and a hazard-tree removal needs a CEO permit.
- How much of my lot can be cleared in Kittery's Shoreland Overlay?
- Devegetated area can't exceed 20% of the lot area in the overlay in most residential zones. Total clearing is capped at 25% or 10,000 sq ft, whichever is greater.
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
- § 16.4.28.C Shoreland Overlay Zone: Applicability and boundaries, Title 16 Land Use and Development Code as adopted January 24, 2022 (recodification), p. 205
Shoreland Overlay Zone – Water Body/Wetland Protection Area 250 feet (OZ-SL-250 4533 feet): Land areas within 250 feet, horizontal distance, of the: 4534 (a) Normal high-water line of any river or saltwater body.
- § 16.4.28.E Principal and accessory structures: setbacks, Title 16 Land Use and Development Code as adopted January 24, 2022 (recodification), p. 207
(a) All new principal and accessory structures [except certain patios and decks per § 4619 16.4.28.E(3)b] must be set back at least 100 feet, horizontal distance, from the 4620 normal high-water line of any water bodies, tributary streams, the upland edge of 4621 a coastal wetland, or the upland edge of a freshwater wetland, with the following 4622 exceptions:
- § 16.4.28.E(b) Accessory patios or decks, Title 16 Land Use and Development Code as adopted January 24, 2022 (recodification), p. 207
(b). Accessory patios or decks no larger than 500 square feet in area must be set back 4637 at least 75 feet from the normal high-water line of any water bodies, tributary 4638 streams, the upland edge of a coastal wetland, or the upland edge of a freshwater 4639 wetland.
- § 16.4.28.E Devegetated area, Title 16 Land Use and Development Code as adopted January 24, 2022 (recodification), p. 207
The total footprint of devegetated area must not exceed 20% of the lot area located 4605 within the Shoreland Overlay Zone, except in the following zones:
- § 16.9.4.C(7)(a) Nonconforming structure expansion, Chapter 16.9: Maritime and Shoreland-Related Development
(a) Except where otherwise permitted in this title, expansion of a nonconforming structure located in the overlay zone setback of the Shoreland, Resource Protection, or Commercial Fisheries/Maritime Uses Overlays must be approved by the Planning Board.
- § 16.9.4.C(7)(b)[1] Nonconforming structure expansion, Chapter 16.9: Maritime and Shoreland-Related Development
[1] If a legally nonconforming principal structure is partially located within 25 feet from the normal high-water line of a water body, tributary stream, or upland edge of a coastal or freshwater wetland included in Shoreland, Resource Protection or Stream Protection Overlay zoning, any expansion of those portions of the structure within that 25 feet is prohibited, even if the expansion will not increase nonconformity with the water body, tributary stream, coastal or freshwater wetland setback requirement.
- § 16.9.4.C(7)(b)[4][a] Nonconforming structure expansion, Chapter 16.9: Maritime and Shoreland-Related Development
[a] For structures located less than the applicable shoreland overlay zone setback from the normal high-water line of a water body, tributary stream, or upland edge of a coastal or freshwater wetland, the maximum combined total footprint for all structures may not be expanded to a size greater than 1,000 square feet, or 30% larger than the footprint that existed on January 1, 1989, whichever is greater. The maximum height of any portion of a structure that is located within the base zone setback may not be made greater than 20 feet, or the height of the existing structure, whichever is greater.
- § 16.9.4.D(7)(b)[1] Vegetation buffer strip, Chapter 16.9: Maritime and Shoreland-Related Development
[1] Clearing of an 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 or shrub crown, is prohibited. However, a meandering footpath not to exceed six feet in width as measured between tree trunks and/or shrub stems is allowed for accessing the shore, provided that a cleared line of sight to the water through the buffer strip is not created.
- § 16.9.4.D(7)(b)[4] Vegetation buffer strip, Chapter 16.9: Maritime and Shoreland-Related Development
[4] Notwithstanding the above provisions, no more than 40% of the total volume of trees four inches or more in diameter, measured at 4 1/2 feet above ground level, may be removed in any ten-year period.
- § 16.9.4.D(7)(c) Clearing limits, Chapter 16.9: Maritime and Shoreland-Related Development
(c) It is not permissible to clear openings for any purpose, including but not limited to principal and accessory structures, driveways, lawns and sewage disposal areas, exceeding in the aggregate 25% of the lot area within the Resource Protection, Stream Protection or Shoreland Overlay Zone or 10,000 square feet, whichever is greater
- § 16.9.4.D(7)(a) Clearing or removal of vegetation, Chapter 16.9: Maritime and Shoreland-Related Development
In a Resource Protection or Shoreland Overlay Zone, cutting of vegetation is prohibited within the strip of land extending 100 feet, horizontal distance, inland from the normal high-water line or highest astronomical tide, if tidal, of the water body, freshwater or coastal wetland, except to remove safety hazards.
- § 16.9.4.C(7)(b)[3] Nonconforming structure expansion, Chapter 16.9: Maritime and Shoreland-Related Development
Notwithstanding § 16.9.4C(7)[b][1] above, if a legally existing nonconforming principal structure is entirely located less than 25 feet from the normal high-water line of a water body, tributary stream, or upland edge of a coastal or freshwater wetland included in Shoreland, Resource Protection or Stream Protection zoning, that structure may be expanded as follows, as long as all other applicable municipal land use standards are met and the expansion is not prohibited by § 16.9.4C(7). [a] The maximum total footprint for the principal structure may not be expanded to a size greater than 800 square feet or 30% larger than the footprint that existed on January 1, 1989, whichever is greater. The maximum height of the principal structure may not be made greater than 15 feet or the height of the existing structure, whichever is greater.