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Maine Town Rules That May Conflict With State Law

Updated

Maine has passed several laws that limit what towns can require, from backyard hens to in-law apartments, and town ordinances don't always catch up right away. While building our town pages, we flagged every local rule that state law may override. We found them in 21 of the 25 towns we cover. A conflict doesn't void a local rule on its own, and some may already be amended, so treat each one as a question to ask your town.

The state laws involved

Backyard hens: zone, lot-size and housing-type limits

Read literally, each of these rules would keep hens off some residential property, and each town's page says the 2025 hen law may override it for hens.

ADUs: parking, density and size rules in effect now

State law already bars extra ADU parking, exempts one ADU from density limits and requires towns to allow ADUs wherever homes are allowed, so it may override these rules.

ADUs: rules that end July 1, 2027

These are still allowed today. From July 1, 2027, state law bars owner-occupancy and planning board requirements for ADUs, so it may override them then.

Shoreland: setbacks and expansion rules

State minimums set a 75-foot setback for most waters and cap expansions of older buildings by footprint and height. Some towns still use an older test: no more than 30% added floor area or volume over a building's lifetime.

Open burning: local rules looser than state law

Home child care: rules that may change July 1, 2027

Once the family child care law applies, it may override these limits for family child care providers.

How we checked

This list is based on the ordinances and town documents posted online when we reviewed each town page on October 2-3, 2026. We include a town only where its page says a local rule may conflict with state law. Some posted versions may be outdated: our copies of Camden's zoning and Kittery's land use code date from 2022. Whether state law overrides a rule can depend on how the town applies it and on court rulings that haven't happened yet. Confirm the current rule with your town before you act.

Common questions

Can my Maine town still ban backyard chickens?
Not outright. Since September 24, 2025, state law bars towns from prohibiting hens on your own residential property. Towns appear to keep the power to regulate flock size, coops and roosters, but older zone or lot-size limits may still be on the books.
Can my town require me to live on the property to build an ADU?
Until July 1, 2027, yes. From that date, state law bars towns from requiring ADU owners to live on the property. Eight of the towns we cover still have an owner-occupancy rule on the books.
If a town rule conflicts with state law, can I ignore it?
Don't assume so. State law may override it, but the town may have amended the rule, may apply it differently, or courts may not have settled the question. Ask your code enforcement office first.

Sources: 7 M.R.S. §219-D (Municipal regulation of chickens) · 30-A M.R.S. §4364-B (Accessory dwelling units) · LD 2173 (2026), delaying ADU changes to July 1, 2027 · MOCA housing legislation guidance (March 2026) · 38 M.R.S. §435 (Mandatory Shoreland Zoning) · DEP Chapter 1000: Shoreland zoning guidelines · 12 M.R.S. §9325 (Open burning) · DEP Chapter 102: Open Burning · 30-A M.R.S. §4364-D (Family child care)