Building near the water in Portland, Maine (shoreland zoning)
Portland's Shoreland Overlay Zone covers land within 250 feet of rivers, tidal (coastal) wetlands and freshwater wetlands, and within 75 feet of streams. In residential areas, new houses and accessory structures must be at least 75 feet from the water or wetland edge. You can't expand any part of a building within 25 feet of the water. Near the water, clearing is limited to openings of 250 sq ft or less, and non-vegetated surfaces can cover at most 20% of the shoreland part of your lot. Work needs a permit from the Building Authority.
| Shoreland zone extent (rivers, coastal and freshwater wetlands) | 250 feet from the high-water line or wetland edge [1] |
| Shoreland zone extent (streams) | 75 feet [2] |
| Setback for new buildings (most zones) | 75 feet from the water or wetland edge [3] |
| Non-vegetated surface cap | 20% of the lot area in the shoreland zone (most zones) [4] |
| Cleared openings in the 75-ft buffer | No more than 250 sq ft (one footpath up to 6 ft wide allowed) [5] |
| Tree removal | No more than 40% of tree volume (4"+ diameter) in any 10 years [6] |
| Expansion within 25 ft of the water | Prohibited [7] |
| Expanding 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 [8] |
| Height cap, nonconforming structure within 75 ft | 20 feet or existing height, whichever is greater [9] |
| Permit | Building Authority permit; application with scaled plan based on a boundary survey [10] |
Where the shoreland rules apply
Article 11 applies in every zone to land within 250 feet of the normal high-water line of a river or the upland edge of a coastal or freshwater wetland [1]. Coastal wetlands include all tidal areas. It also applies within 75 feet of a stream [2], and to structures on or over docks, wharves and piers. Some areas are in a Resource Protection subdistrict with tighter limits, such as floodplains, steep slopes and erosion-prone bluffs.
Setbacks and lot coverage
All principal and accessory structures must be at least 75 feet from the water or wetland edge [3]. Exceptions: the setback is 25 feet in B-3, B-5 and on-peninsula I-L/I-M, and there's no setback in the I-B and working-waterfront zones. Piers, docks and retaining walls, and sheds under 100 sq ft used only for fish, bait and gear, need no setback. Outside those commercial and waterfront zones, non-vegetated surfaces (buildings, driveways, patios, parking) can't exceed 20% of the lot area inside the zone [4]. Lowest floors must be at least 1 ft above the 100-year flood elevation.
Trees and clearing
In the 75-foot buffer strip, no cleared opening in the canopy can exceed 250 sq ft [5]. One winding footpath up to 6 ft wide is allowed. Selective cutting must keep a well-distributed stand of trees (a score of 16 points per 25×50 ft plot), and no more than 40% of tree volume may be removed in 10 years [6]. Ground cover and the lower third of tree branches are protected, except for pruning.
Expanding an older building
No part of a structure within 25 feet of the water may be expanded [7]. Expansions further back can't move closer to the water than the existing building. Within 75 feet, the total footprint of all structures can't exceed 1,000 sq ft or 30% more than the January 1, 1989 footprint, whichever is greater [8]. Height is capped at 20 feet or the existing height, whichever is greater [9]. A house entirely within 25 feet has its own cap: 800 sq ft or 30% more, and 15 ft or its existing height, whichever is greater. Approved expansion plans must be recorded at the Registry of Deeds within 90 days.
Permits
Every site plan or building permit application in the zone needs a scaled plan by qualified professionals, based on a boundary survey [10], plus before and after photos of the shoreline vegetation.
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Next steps
- Check the city zoning map to see if your lot is in the Shoreland Overlay Zone or Resource Protection subdistrict, and find your zone's water setback.
- Hire a surveyor to locate the high-water line or wetland edge and draw a scaled plan showing setbacks, existing footprint, and non-vegetated area.
- Apply to Permitting & Inspections (207-874-8703) for the building or site plan permit; include preconstruction photos of shoreline vegetation and submit after-photos within 20 days of finishing.
- For work in, over or next to the water, also ask Maine DEP about a Natural Resources Protection Act permit.
Common questions
- How far from the water can I build in Portland, Maine?
- In most zones, new principal and accessory structures must be at least 75 feet from the water or wetland edge. Some zones differ: 25 feet in B-3, B-5 and on-peninsula I-L/I-M, and none in I-B and working-waterfront zones.
- What is the shoreland zone in Portland, Maine?
- It covers land within 250 feet of rivers, tidal and freshwater wetlands, and within 75 feet of streams.
- Can I cut trees near the water in Portland, Maine?
- Only in limited ways. In the 75-foot buffer, cleared openings can't exceed 250 sq ft, and no more than 40% of tree volume may be removed in any 10 years.
- Can I expand a house near the water in Portland, Maine?
- No part of a structure within 25 feet of the water may be expanded. Within 75 feet, total footprint can't exceed 1,000 sq ft or 30% more than the January 1, 1989 footprint, whichever is greater.
- Do I need a permit to build in the Portland, Maine shoreland zone?
- Yes. Work needs a permit from the Building Authority, with a scaled plan based on a boundary survey and before and after photos of shoreline vegetation.
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. 11.2(A)(1)-(3), Land Use Code (Code of Ordinances Chapter 14, ReCode), p. 222
A. This article applies to all land areas, uses, structures, and land use activities in all zones of the city within: 1. 250 feet, horizontal distance, of the normal high-water line of any river, 2. 250 feet, horizontal distance, of the upland edge of a coastal wetland, including all areas affected by tidal actions, 3. 250 feet, horizontal distance, of the upland edge of a freshwater wetland,
- Sec. 11.2(A)(4), Land Use Code (Code of Ordinances Chapter 14, ReCode), p. 222
4. 75 feet, horizontal distance, of the normal high-water line of a stream,
- Sec. 11.4.1(A)(1), Land Use Code (Code of Ordinances Chapter 14, ReCode), p. 224
1. All principal and accessory structures shall be setback at least 75 feet horizontal distance from the normal high-water line of a river, stream, or tributary stream, or the upland edge of a wetland within the Shoreland Overlay Zone, except that in the following zones the setback shall be as indicated below:
- Sec. 11.4.1(C)(1), Land Use Code (Code of Ordinances Chapter 14, ReCode), p. 224
1. With the exception of the EWPZ, WCZ, WPDZ, B-3, B-5, B-6, I-B, I-L (on-peninsula), and I-M zones (on-peninsula), non-vegetated surfaces shall not exceed a total of 20% of the portion of the lot located within the Shoreland Overlay Zone.
- Sec. 11.4.3(A)(5)(a), Land Use Code (Code of Ordinances Chapter 14, ReCode), p. 226
There shall be no cleared opening greater than 250 square feet in the forest canopy
- Sec. 11.4.3(A)(6), Land Use Code (Code of Ordinances Chapter 14, ReCode), p. 227
Notwithstanding the above provisions, no more than 40% of the total volume of trees four inches or more in diameter, measured at four and one half feet above ground level may be removed in any ten-year period.
- Sec. 11.6.2(B)(1), Land Use Code (Code of Ordinances Chapter 14, ReCode), p. 239
1. 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. 11.6.2(B)(3)(a), Land Use Code (Code of Ordinances Chapter 14, ReCode), p. 239
a. For nonconforming 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 a size greater than 1,000 square feet or 30% larger than the footprint that existed on January 1, 1989, whichever is greater.
- Sec. 11.6.2(B)(3)(a), Land Use Code (Code of Ordinances Chapter 14, ReCode), p. 239
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. 11.3.2(A), Land Use Code (Code of Ordinances Chapter 14, ReCode), p. 223
A. Every applicant for a site plan or building permit within the Shoreland Overlay shall submit a written application, including a scaled plan, on a form provided by the review authority. Plans shall be prepared by qualified professionals, based upon a boundary survey.