Building near the water in Mount Desert, Maine (shoreland zoning)
Mount Desert's shoreland rules cover land within 250 ft of tidal water, great ponds and wetlands, and within 75 ft of streams. New buildings must be at least 75 ft from the shoreline, or 100 ft from most great ponds. Total footprint and other non-vegetated surfaces are capped at 20% of the shoreland part of the lot, and cleared openings at 25% or 10,000 sq ft, whichever is greater. Most building needs a Code Enforcement Officer permit, and some work needs the Planning Board.
| Shoreland Zone | 250 ft from great ponds, coastal and freshwater wetlands (including tidal areas); 75 ft from streams [1] |
| Setback from streams, tributary streams and wetland edges (including tidal) | 75 ft [3] |
| Setback from great ponds | 100 ft (75 ft on listed lots, e.g. Long Pond and Echo Lake) [2] |
| Setback in Resource Protection | 250 ft [4] |
| Max non-vegetated coverage | 20% of the shoreland portion (70% in Shoreland Commercial on tidal waters) [5] |
| Max height (shoreland residential districts) | 35 ft [6] |
| Cleared opening limit (total) | 25% of shoreland lot area or 10,000 sq ft, whichever is greater [9] |
| 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 [18] |
| Expansion of a nonconforming structure within 75 ft | Total footprint up to 1,000 sq ft or 30% over the Jan. 1, 1989 footprint, whichever is greater [11] |
| Height of an expanded nonconforming structure within 75 ft | 20 ft or the existing height, whichever is greater [13] |
| Buffer strip opening | No cleared opening over 250 sq ft; footpath up to 6 ft wide [8] |
Which areas are covered
The Shoreland Zone is land within 250 ft of a great pond, coastal wetland (including all tidal areas) or freshwater wetland, and within 75 ft of a stream [1]. It's mapped as Shoreland Residential, Shoreland Commercial, Resource Protection and Stream Protection districts.
Setbacks and size
New principal and accessory buildings must be at least 100 ft from great ponds, or 75 ft on specially listed lots [2], and 75 ft from streams, tributary streams and the upland edge of wetlands [3]. Tidal land counts as coastal wetland. In Resource Protection the setback is 250 ft [4]. Piers, docks and retaining walls that need direct water access are exempt from the water setback. Structures, parking and other non-vegetated surfaces can't cover more than 20% of the shoreland part of the lot [5]. Height in the shoreland residential districts is capped at 35 ft [6].
Older buildings too close to the water
You can expand a nonconforming structure with a permit if it doesn't increase the nonconformity [10]. As a rule, no part of a structure within 25 ft of the water can be expanded [14]. The exception is a principal structure located entirely within 25 ft: its footprint can grow to 800 sq ft or 30% more than on January 1, 1989, whichever is greater, and its height to 15 ft or the existing height, whichever is greater [18]. For other structures within 75 ft, the combined footprint is capped at 1,000 sq ft or 30% more than on January 1, 1989, whichever is greater [11], and height is capped at 20 ft or the existing height, whichever is greater [13]. Different caps apply within 100 ft of a great pond (1,500 sq ft or 30%, and 25 ft or the existing height, whichever is greater) [15]. An approved expansion plan must be recorded at the registry of deeds within 90 days [16].
Trees and clearing
Within 100 ft of a great pond or 75 ft of other waters, a vegetated buffer must be kept. You can't create a cleared opening over 250 sq ft, though a winding footpath up to 6 ft wide is allowed [8]. No more than 40% of the volume of trees 4 inches or more in diameter can be removed in any 10-year period [12]. Across the shoreland part of the lot, cleared openings for buildings, lawns, driveways and septic can't exceed 25% or 10,000 sq ft, whichever is greater [9].
Permits
Any activity listed as needing CEO or Planning Board approval in the use table needs that permit [7]. Shoreland applications must include preconstruction photos, plus post-construction photos within 20 days of completion [17]. The cover of our copy lists amendments through May 5, 2026; confirm with the town that it is current.
Next steps
- Check the Land Use District Map to see whether your lot is in a shoreland district, and find the normal high-water line or wetland edge.
- Measure existing structures' distance to the water and footprint (and the Jan. 1, 1989 footprint if expanding a nonconforming building).
- Apply to Mount Desert Code Enforcement / Planning (207-276-5731) with a scaled site plan and preconstruction photos of the shoreline and site.
- Plan any tree removal against the buffer point system and clearing limits before cutting.
- Ask whether the work also needs a Maine DEP permit (work in, on, over or next to a wetland or water body).
Common questions
- What is the shoreland zone in Mount Desert, Maine?
- Land within 250 ft of tidal water, great ponds and wetlands, and within 75 ft of streams. New buildings must be at least 75 ft from the shoreline, or 100 ft from most great ponds, and 250 ft in Resource Protection.
- How much of my lot can be covered in the Mount Desert, Maine shoreland zone?
- Structures and other non-vegetated surfaces are capped at 20% of the shoreland part of the lot, or 70% in Shoreland Commercial on tidal waters. Cleared openings are capped at 25% or 10,000 sq ft, whichever is greater.
- Can I expand a house near the water in Mount Desert, Maine?
- With limits. No part of a structure within 25 ft of the water can be expanded, except a principal structure entirely within 25 ft, which can grow to 800 sq ft or 30% over its January 1, 1989 footprint, whichever is greater. Other structures within 75 ft are capped at 1,000 sq ft or 30%.
- Do I need a permit to build in the shoreland zone in Mount Desert, Maine?
- Most building needs a Code Enforcement Officer permit, and some work needs the Planning Board.
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. 8, Definitions: Shoreland Zone, Land Use Zoning Ordinance, p. 121
SHORELAND ZONE: The land area located within two hundred and fifty (250) feet, horizontal distance, of the normal high-water line of any great pond; within 250 feet, horizontal distance, of the upland edge of a coastal wetland, including all areas affected by tidal action; within 250 feet of the upland edge of a freshwater wetland; or within seventy-five (75) feet, horizontal distance, of the normal high-water line of a stream.
- Sec. 6C.8.1.2, Setback, Land Use Zoning Ordinance, p. 89
All new principle and accessory structures shall be set back at least one hundred (100) feet, horizontal distance, from the normal high-water line of great ponds or seventy-five (75) feet, horizontal distance, from the normal high-water line on designated lots, and any division thereof, as indicated in Section 3.5.
- Sec. 6C.8.1.3, Setback, Land Use Zoning Ordinance, p. 89
All new principle and accessory structures shall be set back at least seventy- five (75) feet, horizontal distance, from the normal high-water line of streams, tributary streams, or the upland edge of a wetland.
- Sec. 6C.8.1.1, Setback (Resource Protection), Land Use Zoning Ordinance, p. 89
In the Resource Protection District all new principal and accessory structures shall be set back at least 250 feet, horizontal distance from the shoreline,
- Sec. 6C.8.6, 20% footprint limitation, Land Use Zoning Ordinance, p. 90
The total footprint area of all structures, parking lots and other non-vegetated surfaces, within the shoreland zone shall not exceed twenty (20) percent of the lot or a portion thereof, located within the shoreland zone, including land area previously developed, except in the Shoreland Commercial District adjacent to tidal waters, where lot coverage shall not exceed seventy (70) percent.
- Sec. 6C.8.4, Height, Land Use Zoning Ordinance, p. 90
Principal or accessory structures and expansions of existing structures which are permitted in the Resource Protection, Conservation, Shoreland Residential 1, 2, 3 and 5, and Stream Protection Districts, shall not exceed thirty- five (35) feet in height.
- Sec. 7.3, Permits Required, Land Use Zoning Ordinance, p. 96
Activities requiring Code Enforcement Officer approval. Any activity listed in Section 3.4 requiring approval from the Code Enforcement Officer.
- Sec. 6C.3.2.1, Cleared openings, Land Use Zoning Ordinance, p. 78
There shall be no cleared 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.
- Sec. 6C.3.4, Cleared opening limit, Land Use Zoning Ordinance, p. 80
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, 25% of the lot area within the shoreland zone or ten thousand (10,000) square feet, whichever is greater, including land previously cleared.
- Sec. 4.3.2, Expansions In the Shoreland Zone, Land Use Zoning Ordinance, p. 28
A non- conforming structure in the shoreland zone may be added to or expanded after obtaining a permit from the same permitting authority as that for a new structure if such addition or expansion does not increase the non-conformity of the structure and is in accordance with the subsections of Section 4.3.2.
- Sec. 4.3.2(d)(i), Land Use Zoning Ordinance, p. 29
For structures located less than 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 an area greater than 1,000 square feet or 30% larger than the footprint that existed on January 1, 1989, whichever is greater.
- Sec. 6C.3.2.2, Selective cutting, Land Use Zoning Ordinance, p. 79
Notwithstanding the above provisions, no more than 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. 4.3.2(d)(ii), Land Use Zoning Ordinance, p. 29
For structures located less than 75 feet from the normal high-water line of a water body, tributary stream or upland edge of a wetland, the maximum height of any structure may not be made greater than 20 feet or the height of the existing structure, whichever is greater.
- Sec. 4.3.2(b), Land Use Zoning Ordinance, p. 29
Expansion of any portion of a structure within 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.
- Sec. 4.3.2(d)(iii), Land Use Zoning Ordinance, p. 29
For structures located less than 100 feet from the normal high-water line of a great pond, the maximum combined total footprint for all structures may not be expanded to an area greater than 1,500 square feet or 30% larger than the footprint that existed on January 1, 1989, whichever is greater.
- Sec. 4.3.2(g), Land Use Zoning Ordinance, p. 30
Any approved plan for expansion of a nonconforming structure under Section 4.3.2 must be recorded by the applicant in the registry of deeds of the county in which the property is located within 90 days of approval.
- Sec. 7.3.5, Photographic record required, Land Use Zoning Ordinance, p. 97
Permit applications for development within the Shoreland Zone shall provide preconstruction photographs as part of the application materials and, no later than 20 days after completion of the development, postconstruction photographs of the shoreline vegetation and development site.
- Sec. 4.3.2(c), Land Use Zoning Ordinance, p. 29
(c) Notwithstanding Section 4.3.2(b), if a 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 wetland, that structure may be expanded as follows, as long as all other applicable standards of this Ordinance are met, and the expansion is not prohibited by Section 4.3.2 above. (i) The maximum total footprint for the principal structure may not be expanded to an area greater than 800 square feet or 30% larger than the footprint that existed on January 1, 1989, whichever is greater. (ii) 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.