Building near the water in South Portland, Maine (shoreland zoning)
Building near the water is allowed with shoreland zoning approval, usually from the Code Enforcement Officer (the Planning Board for anything over the water). The city ordinance sets a 40-foot setback from the high-water line or coastal wetland edge in residential zones (75 feet in Resource Protection areas), which is less than the 75-foot state minimum, so confirm the setback with Code Enforcement before designing. You must also keep a vegetated buffer within 75 feet of the water.
| Shoreland area | Land within 250 ft of a coastal or shoreland freshwater wetland (including tidal areas), plus stream protection subdistricts [1] |
| Building setback, residential districts | 40 feet from the water/wetland edge [2] |
| Building setback, Resource Protection subdistrict | 75 feet [3] |
| Approval | Code Enforcement Officer; Planning Board for structures over/below the high-water line [4] |
| No expansion zone | No added square footage within 25 ft of the water [5] |
| Expansion cap, structures within 40 ft | 1,000 sq ft or 30% over 1989 footprint (whichever is greater); 20 ft height [6] |
| Buffer clearing limit (within 75 ft) | No cleared opening over 250 sq ft; one footpath up to 6 ft wide [7] |
| Total clearing on shoreland portion of lot | 25% of lot area or 10,000 sq ft, whichever is greater [8] |
Are you in the shoreland zone?
South Portland's shoreland rules are in Article XIII of the zoning ordinance. The Shoreland Area Overlay District covers land within 250 feet of the upland edge of a coastal wetland (including all tidal areas) or a shoreland freshwater wetland, plus stream protection subdistricts along named streams such as Long Creek, Trout Brook and Kimball Brook [1]. The shoreland map is illustrative; the boundary is measured on the ground.
Setbacks
The underlying zone's normal space and bulk rules still apply. In residential districts, principal and accessory buildings must be at least 40 feet from the normal high-water line or upland edge of the wetland [2]; in the Shoreland Resource Protection subdistrict it is 75 feet [3], and stream subdistricts range from 40 to 75 feet. Docks and other water-dependent structures are exempt from the setback. Where you can't meet the setback on a small nonconforming lot, the CEO may allow one tool shed up to 80 sq ft and 8 ft tall.
Expanding an older house
No added square footage is allowed within 25 feet of the water [5]. For structures less than 40 feet from the water, the combined footprint can't exceed 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].
Trees and vegetation
Within 75 feet of the water, a vegetated buffer must be kept: no cleared opening larger than 250 sq ft, one winding footpath up to 6 feet wide, and selective cutting only [7]. Beyond 75 feet, no more than 40% of tree basal area may be cut in 10 years, and total cleared area on the shoreland part of a residential lot is capped at 25% or 10,000 sq ft [8].
Approvals
You need shoreland zoning approval before any regulated activity: from the Planning Board for structures over or below the high-water line, special exceptions or site plan projects, and from the Code Enforcement Officer for everything else [4]. Applications need before and after photos of the site and shoreline vegetation.
State law
The 40-foot residential setback and the 40-foot expansion threshold are less than the 75-foot state minimums described in the statewide summary; state shoreland standards may control, so confirm the setback with Code Enforcement.
Next steps
- Check the Official Shoreland Zoning Map and measure your distance from the high-water line or wetland edge (a surveyor may be needed).
- Take pre-construction photos of the site and shoreline vegetation for your application.
- Apply to Code Enforcement for shoreland zoning approval with your building permit; go to the Planning Board for anything over or below the water line.
- Submit post-construction photos within 20 days after the work is done.
Common questions
- How far from the water can I build in South Portland, Maine?
- In residential districts, buildings must be at least 40 feet from the high-water line or wetland edge, and 75 feet in Resource Protection areas. That is less than the 75-foot state minimum, so confirm the setback with Code Enforcement before designing.
- What is the shoreland zone in South Portland, Maine?
- It covers land within 250 feet of the upland edge of a coastal wetland (including all tidal areas) or a shoreland freshwater wetland, plus stream protection subdistricts.
- Can I clear trees near the water in South Portland, Maine?
- Only in limited ways. Within 75 feet of the water you must keep a vegetated buffer: no cleared opening over 250 sq ft, one footpath up to 6 feet wide, and selective cutting only.
- Can I expand a house near the water in South Portland, Maine?
- No added square footage is allowed within 25 feet of the water. For structures less than 40 feet away, the combined footprint can't exceed 1,000 sq ft or 30% more than the January 1, 1989 footprint, whichever is greater.
- Who approves building near the water in South Portland, Maine?
- Usually the Code Enforcement Officer. The Planning Board approves structures over or below the high-water line, special exceptions, and site plan projects.
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. 27-1311. Shoreland Area Overlay District, Zoning (Code of Ordinances Chapter 27), p. 271
- All land areas within two hundred fifty (250) feet, horizontal distance, of the upland edge of a coastal wetland, including all areas affected by tidal action;
- Sec. 27-1322(A)(2)(a), Zoning (Code of Ordinances Chapter 27), p. 275
(a) Shoreland Area Overlay District areas (excluding Shoreland Resource Protection Overlay Subdistrict and Stream Protection Overlay Subdistricts areas) included within the Rural Residential, Residential AA, Residential A, Residential G, Residential G-2 Districts and other residential districts: Forty (40) feet.
- Sec. 27-1322(A)(2)(d), Zoning (Code of Ordinances Chapter 27), p. 276
(d) Shoreland Resource Protection Overlay Subdistrict: Seventy- five (75) feet.
- Sec. 27-1331(A). Shoreland Zoning Approval Required, Zoning (Code of Ordinances Chapter 27), p. 297
1. from the Planning Board for any proposed structure or use extending over or below the normal high-water line or within a wetland under this Article, for any special exception or project subject to site plan review under Article XIV of this Chapter or for any proposed subdivision under Chapter 24 of the Code; and 2. from the Code Enforcement Officer for any other activity or land use.
- Sec. 27-303(b)(1)(i), Zoning (Code of Ordinances Chapter 27), p. 79
Expansion of any portion of a structure to add additional square footage to the structure within twenty-five (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 the nonconformity with the water body, tributary stream or wetland setback requirement.
- Sec. 27-303(b)(1)(iii)(A), Zoning (Code of Ordinances Chapter 27), p. 80
For structures located less than forty (40) feet from the normal high-water line of a water body, tributary stream, or upland edge of a wetland, the maximum combined footprint for all structures may not be expanded to a size greater than one thousand (1,000) square feet or thirty (30) percent larger than the footprint that existed on January 1, 1989, whichever is greater.
- Sec. 27-1322(J)(2)(a), Zoning (Code of Ordinances Chapter 27), p. 285
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 woody vegetation crown. However, a single footpath not to exceed six (6) feet in width as measured between woody vegetation is allowed for accessing the shoreline provided that a cleared line of sight to the water through the buffer strip is not created.
- Sec. 27-1322(J)(3), Zoning (Code of Ordinances Chapter 27), p. 287
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 area or ten thousand (10,000) square feet, whichever is greater, including land previously cleared.