Building near the water in Scarborough, Maine (shoreland zoning)
Scarborough's shoreland zone covers land within 250 feet of the ocean/tidal areas, rivers, great ponds and mapped freshwater wetlands (75 feet of streams). New houses, additions and accessory structures must be set back at least 75 feet from the water or wetland edge in the Shoreland Overlay (250 feet in Resource Protection), and work needs a permit from the Code Enforcement Officer or Planning Board.
| Shoreland zone extent | 250 ft from great ponds, rivers, coastal and freshwater wetlands; 75 ft from streams [1] |
| Structure setback (Shoreland Overlay / Stream Protection) | 75 feet [2] |
| Structure setback (Resource Protection) | 250 feet [3] |
| Lot coverage in shoreland zone | 20% of the lot area in the zone (non-vegetated surfaces) [4] |
| Expansion within 25 ft of water | Prohibited for any part within 25 ft, except a house located entirely within 25 ft (see next) [5] |
| House located entirely within 25 ft | May expand to 800 sq ft or 30% over the Jan 1, 1989 footprint, whichever is greater; height 15 ft or existing, whichever is greater [10] |
| Nonconforming structures within 75 ft | Combined footprint max 1,000 sq ft or 30% larger than on Jan 1, 1989, whichever greater; height max 20 ft or existing [6] |
| Shoreline buffer clearing | No cleared opening over 250 sq ft within 75 ft of the water [7] |
| Tree removal limit | Max 40% of tree volume (4"+ diameter) in any 10 years [8] |
| Permit | Required to build, expand, change or replace a structure [9] |
Where shoreland zoning applies
The Shoreland Zoning Ordinance (Chapter 405C) covers land within 250 feet of a great pond or river, the upland edge of a coastal wetland (including tidal areas), or the upland edge of a freshwater wetland, plus land within 75 feet of a stream [1]. Districts are Shoreland Overlay, Stream Protection, Stream Protection 2 and Resource Protection, shown on the Official Shoreland Zoning Map. In the overlay districts these rules apply on top of regular zoning; in Resource Protection they replace it.
Setbacks for new structures
New principal and accessory structures must be at least 75 feet from the highest annual tide, normal high-water line or wetland edge in the Shoreland Overlay and Stream Protection districts [2], and 250 feet in Resource Protection [3]. New principal structures in Stream Protection 2 need 250 feet, with exceptions. Piers, docks and other water-dependent structures have no setback. All structures, driveways and other non-vegetated surfaces may cover no more than 20% of the lot area within the shoreland zone [4].
Expanding an existing nonconforming house
Additions may not increase nonconformity, and expanding any part of a structure within 25 feet of the water or wetland is generally prohibited [5]. The exception: a legally existing house located entirely within 25 feet may expand to 800 sq ft or 30% more than its January 1, 1989 footprint, whichever is greater, with height up to 15 feet or the existing height, whichever is greater [10]. For other structures less than 75 feet from the water, the combined footprint may grow to 1,000 sq ft or 30% more than the January 1, 1989 footprint, whichever is greater, and height is capped at 20 feet or the existing height [6]. Approved expansion plans must be recorded at the Registry of Deeds within 90 days.
Trees and vegetation
Within 75 feet of the water or wetland edge, a vegetated buffer must be preserved: no cleared opening larger than 250 sq ft, a winding footpath up to 6 feet wide allowed, a well-distributed stand of trees kept (point system), and ground vegetation under 3 feet left in place [7]. Beyond 75 feet, no more than 40% of tree volume may be cut in any 10-year period [8].
Permits
No one may build, expand, change or replace a structure in the shoreland zone without a permit [9]. Depending on the use and district, the permit comes from the Code Enforcement Officer or the Planning Board.
Next steps
- Check the Official Shoreland Zoning Map (or call Planning & Codes, (207) 730-4040) to see if your lot is in the shoreland zone and which district.
- Have the high-water line or wetland edge and your existing structures located on a survey or scaled plan, with footprints as of January 1, 1989 if expanding.
- Apply for a shoreland permit from the Code Enforcement Officer (or Planning Board where Table 1 requires) before building, expanding or clearing.
- Ask whether state permits (Maine DEP Natural Resources Protection Act) are also needed for work near the water.
Common questions
- How far from the water can I build in Scarborough, Maine?
- New houses, additions and accessory structures must be at least 75 feet from the water or wetland edge in the Shoreland Overlay and Stream Protection districts, and 250 feet in Resource Protection.
- What is the shoreland zone in Scarborough, Maine?
- Land within 250 feet of a great pond, river, coastal wetland (including tidal areas) or freshwater wetland, plus land within 75 feet of a stream.
- Can I expand a house near the water in Scarborough, Maine?
- Expanding any part of a structure within 25 feet of the water is generally prohibited. For other structures less than 75 feet away, the footprint may grow to 1,000 sq ft or 30% over the January 1, 1989 footprint, whichever is greater.
- Can I cut trees near the water in Scarborough, Maine?
- Within 75 feet, no cleared opening can exceed 250 sq ft, with a winding footpath up to 6 feet wide allowed. Beyond 75 feet, no more than 40% of tree volume may be cut in any 10-year period.
- Do I need a permit to build near the water in Scarborough, Maine?
- Yes. No one may build, expand, change or replace a structure in the shoreland zone without a permit from the Code Enforcement Officer or 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
- Section 3. Applicability, Shoreland Zoning Ordinance (Chapter 405C), p. 7
This Ordinance applies to all land areas within 250 feet, horizontal distance, of the ▪ normal high-water line of any great pond or river ▪ upland edge of a coastal wetland, including all areas affected by tidal action, or ▪ upland edge of a freshwater wetland and all land areas within 75 feet, horizontal distance, of the normal high-water line of a stream.
- Section 15.B.1(a), Shoreland Zoning Ordinance (Chapter 405C), p. 20
In the Shoreland Overlay and Stream Protection Overlay District, at least seventy-five (75) feet, horizontal distance, except as provided in the following subsection b.
- Section 15.B.1(c), Shoreland Zoning Ordinance (Chapter 405C), p. 20
In the Resource Protection District, the setback requirement shall be 250 feet, horizontal distance, except for structures, roads, parking spaces or other regulated objects specifically allowed in that district in which case the setback requirements specified above shall apply.
- Section 15.B.4, Shoreland Zoning Ordinance (Chapter 405C), p. 22
The total footprint area of all structures, parking lots, driveways and other non-vegetated surfaces within the Shoreland Zone shall not exceed twenty (20) percent of the lot or portion thereof located within the Shoreland Zone, including land area previously developed except as provided for in the following subsections:
- Section 12.C.1(a), Shoreland Zoning Ordinance (Chapter 405C), p. 10
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.
- Section 12.C.1(c)(i), Shoreland Zoning Ordinance (Chapter 405C), p. 11
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 a size greater than 1,000 square feet or 30% larger than the footprint that existed on January 1, 1989, whichever is greater.
- Section 15.O.2(a), Shoreland Zoning Ordinance (Chapter 405C), p. 36
There shall be no cleared opening greater than 250 square feet in the forest canopy (or other exiting woody vegetation if a forested canopy is not present) as measured from the outer limits of the tree or shrub crown.
- Section 15.O.3, Shoreland Zoning Ordinance (Chapter 405C), p. 38
At distances greater than seventy-five (75) feet, horizontal distance, from the normal high-water line of any water body, tributary stream, or the upland edge of a wetland, there shall be allowed on any lot, in any ten (10) year period, selective cutting of not more than forty (40) percent of the volume of trees four (4) inches or more in diameter, measured 4 1/2 feet above ground level.
- Section 16.B Permits Required, Shoreland Zoning Ordinance (Chapter 405C), p. 43
After the effective date of this Ordinance no person shall, without first obtaining a permit, engage in any activity or use of land or structure requiring a permit in the district in which such activity or use would occur; or expand, change, or replace an existing use or structure; or renew a discontinued nonconforming use.
- Section 12.C.1(b)(i), Shoreland Zoning Ordinance (Chapter 405C), p. 11
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.