Building near the water in North Yarmouth, Maine (shoreland zoning)
North Yarmouth's shoreland zone covers land within 250 ft of the Royal River, Chandler Brook, the East Branch, Knight's Pond and the Deer Brook wetland, and within 75 ft of mapped sections of several smaller brooks. New buildings must be set back 250 ft from the Royal River, Chandler Brook and East Branch (150 ft from the other mapped waters), and Resource Protection land allows new homes only by Planning Board special exception.
| Shoreland zone | 250 ft from the Royal River, Chandler Brook, East Branch, Deer Brook wetland and Knight's Pond; 75 ft from mapped sections of Toddy, Pratt's and Deer brooks and a Chandler Brook tributary [1] |
| Structure setback: Royal River, Chandler Brook, East Branch | 250 ft (100 ft for specifically allowed structures) [2] |
| Structure setback: other mapped brooks, Knight's Pond, Deer Brook wetland | 150 ft; 100 ft from tributary streams [2] |
| Max height | 35 ft [3] |
| Lot coverage | Max 20% non-vegetated surfaces [4] |
| Expanding a building too close to the water | Less than 30% added floor area or volume over the structure's lifetime (since Jan. 1, 1989) [5] |
| Vegetation buffer (within 100 ft) | No cleared opening over 250 sq ft; footpath up to 6 ft wide [6] |
| Total clearing | 25% of the shoreland lot area or 10,000 sq ft, whichever is greater [7] |
| New home in Resource Protection | Planning Board special exception; max 1,500 sq ft ground floor [8] |
| Minimum residential lot | 3 acres and 200 ft shore frontage [9] |
Which areas are covered
The shoreland zone is zoned either Resource Protection or Residential Shoreland on the town zoning map [1]. Single-family homes are permitted with Code Enforcement Officer approval in Residential Shoreland. In Resource Protection, a new home on a pre-existing undeveloped lot needs a Planning Board special exception, with all structures limited to 1,500 sq ft of ground-floor area [8]. New residential lots need 3 acres and 200 ft of shore frontage [9].
Setbacks, height and coverage
New principal and accessory structures must be set back 250 ft from the Royal River, Chandler Brook and the East Branch, 150 ft from the mapped brook sections, Knight's Pond and the Deer Brook wetland, and 100 ft from tributary streams. Piers, docks and other water-dependent uses are exempt [2]. Buildings can't exceed 35 ft [3], and structures, driveways and other non-vegetated surfaces can't cover more than 20% of the lot [4]. Structures are prohibited in the 100-year floodplain.
Expanding an older building
A nonconforming structure can be expanded with a permit if the expansion doesn't increase the nonconformity. Any part of a building within the water setback can't be expanded by 30% or more in floor area or volume over its lifetime, measured from January 1, 1989 [5]. New foundations and relocations must meet setbacks to the greatest practical extent, with replanting required. State shoreland rules now measure expansions by footprint, so the state standard may override this provision.
Tree cutting and clearing
Within 100 ft of the water, a vegetation buffer must be kept: no cleared opening over 250 sq ft, except a winding footpath up to 6 ft wide [6]. Selective cutting is allowed if a well-distributed stand of trees remains, and no more than 40% of tree volume may be removed in 10 years [10]. In total, cleared openings for buildings, lawns, driveways and septic can't exceed 25% of the shoreland lot area or 10,000 sq ft, whichever is greater [7]. In Resource Protection, cutting is limited to what authorized uses need.
Permits
Work in, on or next to a wetland, river or stream may also need a DEP permit.
Next steps
- Check the Town of North Yarmouth Zoning Map to see whether your lot is in Residential Shoreland or Resource Protection.
- Have the normal high-water line or wetland edge located and measure setbacks before designing.
- Apply to the Code Enforcement Office (207-829-3705 ext. 206) with a site plan showing structures, clearing, lot coverage and distances to water; Resource Protection projects go to the Planning Board.
- Ask whether your project also needs a Maine DEP Natural Resources Protection Act permit.
Common questions
- How far from the water can I build in North Yarmouth, Maine?
- It depends on the water body. New buildings must be 250 feet from the Royal River, Chandler Brook and East Branch, 150 feet from other mapped brooks, Knight's Pond and the Deer Brook wetland, and 100 feet from tributary streams.
- What is the shoreland zone in North Yarmouth, Maine?
- It covers land within 250 feet of the Royal River, Chandler Brook, the East Branch, Knight's Pond and the Deer Brook wetland, and within 75 feet of mapped sections of several smaller brooks.
- Can I build a new house in Resource Protection land in North Yarmouth, Maine?
- Only by Planning Board special exception, with all structures limited to 1,500 sq ft of ground-floor area. In Residential Shoreland, single-family homes are permitted with Code Enforcement Officer approval.
- Can I cut trees near the water in North Yarmouth, Maine?
- Within 100 feet of the water you must keep a vegetation buffer: no cleared opening over 250 sq ft, except a footpath up to 6 feet wide. No more than 40% of tree volume may be removed in 10 years.
- Can I expand a house near the water in North Yarmouth, Maine?
- Any part of a building within the water setback can't be expanded by 30% or more in floor area or volume over its lifetime since January 1, 1989. State rules measure expansions by footprint and may override this.
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. XII Definitions, "Shoreland Zone", Land Use Ordinance, p. 289
Shoreland Zone: The land areas located within two hundred fifty (250) feet, horizontal distance, of the normal high-water line of the Royal River, Chandler Brook and the East Branch; within two hundred fifty (250) feet of the upland edge of the Deer Brook wetland and Knight’s Pond; or within seventy-five (75) feet, horizontal distance, of the normal high-water line of sections of Toddy Brook, Pratt’s Brook, Deer Brook, and the unnamed tributary to Chandler Brook. These areas are zoned as Resource Protection or Residential Shoreland Districts as displayed on the Town of North Yarmouth Zoning Map.
- Sec. 9.1(G)(1), Land Use Ordinance, p. 112
All new principal and accessory structures shall be set back at least two hundred and fifty (250) feet, horizontal distance, from the normal high-water line of the Royal River, Chandler Brook and the East Branch, except for structures, roads, parking spaces or other regulated objects specifically allowed in which case the setback requirement shall be one hundred (100) feet, horizontal distance from the normal high water line. All new principal and accessory structures shall be set back at least one hundred and fifty (150) feet, horizontal distance, from the normal high- water line of the sections of Deer Brook, Toddy Brook, Pratt’s Brook and an unnamed tributary to Chandler Brook, at least one hundred and fifty (150) feet, horizontal distance, from the upland edge of Knight’s Pond and the Deer Brook wetland; and at least one hundred (100) feet, horizontal distance, from the normal high-water line of tributary streams.
- Sec. 9.1(G)(2), Land Use Ordinance, p. 113
Principal or accessory structures and expansions of existing structures that are permitted shall not exceed thirty (35) feet in height.
- Sec. 9.1(G)(4), Land Use Ordinance, p. 113
The total footprint of all structures, parking lots and other non-vegetated surfaces, within the these districts shall not exceed twenty (20) percent of the lot or a portion thereof, including land area previously developed.
- Sec. 2.3(A), Land Use Ordinance, p. 10
After January 1, 1989 if any portion of a structure is less than the required setback from the Royal River, Chandler Brook, the East Branch, Toddy Brook, Deer Brook, Pratt’s Brook, the unnamed tributary to Chandler Brook, or a tributary stream, or the upland edge of Knight’s Pond or the Deer Brook wetland, that portion of the structure shall not be expanded, as measured in floor area or volume, by 30 percent or more, during the lifetime of the structure.
- Sec. 9.1(T)(2)(a), Land Use Ordinance, p. 120
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. However, a footpath not to exceed six (6) feet in width as measured between tree trunks and/or shrub stems is permitted provided that a cleared line of sight to the water through the buffer strip is not created.
- Sec. 9.1(T)(4), Land Use Ordinance, p. 121
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 (25%) percent of the lot area within the Residential Shoreland District and/or Resource Protection District or 10,000 square feet, whichever is greater, including land previously cleared.
- Sec. 7.5(A)(4), Land Use Ordinance, p. 84
The total ground-floor area, including cantilevered or similar overhanging extensions, of all principal and accessory structures is limited to a maximum of 1,500 square feet. This limitation shall not be altered by variance.
- Sec. 9.1(F)(1), Land Use Ordinance, p. 112
Residential - per dwelling unit 3 acres 200 feet
- Sec. 9.1(T)(2)(b), Land Use Ordinance, p. 121
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 a half (4½) feet above ground level may be removed in any ten (10) year period.