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Building Near the Water (Shoreland Zoning) in Maine: rules in 19 towns compared
What can I build or change near the water? Here's how each town answers it. Click a town for the details and the exact ordinance text.
Last reviewed
This page is for Maine property owners planning to build, expand, or clear trees near a lake, river, stream, wetland or the ocean. Under the Mandatory Shoreland Zoning Act, every town must enforce shoreland zoning at least as strict as the DEP's minimum guidelines. The shoreland zone covers land within 250 feet of a great pond, river, tidal water, coastal wetland or most freshwater wetlands, and within 75 feet of a stream. State minimums include a 100-foot building setback from GPA great ponds and 75 feet from most other waters, a 20% cap on non-vegetated lot coverage, limits on expanding older buildings near the water, and a vegetation buffer.
Of the 19 towns we cover, 13 use the 75-foot setback for most waters, and Brunswick, Kittery, North Yarmouth and York set larger setbacks. South Portland's posted ordinance sets 40 feet in residential zones, and Kennebunk's lists 100, 50 or 25 feet depending on the water body. Eighteen town pages list the 20% coverage cap. Five towns (Boothbay Harbor, Cape Elizabeth, Gorham, Kennebunk and North Yarmouth) still use an older 30% expansion test that the current state standard may override. Pick your town below.
Town-by-town comparison
| Town | Verdict | Short answer |
|---|---|---|
| Cape Elizabeth | Allowed with a permit | You can build near the water in Cape Elizabeth, but within 250 feet of tidal water, Great Pond, the Spurwink River or a freshwater wetland (75 feet of a stream) you're in the Shoreland Performance Overlay District. New homes and accessory structures must be set back 75 feet from tidal waters and most other waters (250 feet from Great Pond, 100 feet from critical wetlands), impervious surfaces are capped at 20% of the shoreland part of the lot, and you need a permit from the Code Enforcement Officer. |
| Yarmouth | Allowed with board review | Within 250 ft of tidal water, a river or a wetland (75 ft of a stream), Yarmouth's Shoreland Overlay District applies. New buildings must be set back at least 75 ft from the water (100 ft on the non-tidal Royal and Cousins Rivers and Pratt's Brook, 250 ft in Resource Protection), and non-vegetated surfaces are capped at 20% of the shoreland part of your lot. The Planning Department permits homes more than 75 ft from the water; work closer than that or in Resource Protection goes to the Planning Board. |
| North Yarmouth | Depends on your zone | 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. |
| Freeport | Allowed with a permit | Freeport's Shoreland Zone covers land within 250 ft of the ocean, tidal areas, and freshwater wetlands, and within 75 ft of streams. New houses, additions, and sheds must be at least 75 ft from the high-water line or wetland edge (250 ft in Resource Protection 1). Inside the 75-ft buffer, clearing is limited to openings of 250 sq ft or less, and most work needs a Codes Enforcement permit. |
| Scarborough | Allowed with a permit | 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. |
| South Portland | Allowed with a permit | 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. |
| Portland | Allowed with a permit | 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. |
| Gorham | Allowed with a permit | Gorham's shoreland rules apply within 250 ft of a great pond, river or freshwater wetland and within 75 ft of a stream. New buildings must be set back 100 ft from great ponds and rivers that flow into them, 75 ft from other waters and wetlands, and 250 ft in Resource Protection areas. You need shoreland approval from the Code Enforcement Officer for most work, and Board of Appeals approval to expand or move an older building that's too close to the water. |
| Windham | Allowed with a permit | In Windham's shoreland zone (within 250 ft of a great pond, river or wetland, or 100 ft of a stream), new buildings must be set back 100 ft from GPA great ponds and 75 ft from other waters and wetlands. Only 20% of the shoreland part of your lot can be covered by buildings, driveways and other non-vegetated surfaces. A Code Enforcement permit is needed for accessory structures and for expanding a nonconforming building, and the vegetated buffer along the water must be kept. |
| Harpswell | Allowed with a permit | Harpswell's shoreland zone covers land within 250 ft of the upland edge of coastal wetlands (the ocean and tidal areas) and freshwater wetlands, and of great ponds and rivers, and within 75 ft of streams. New buildings must be at least 75 ft from the water or wetland edge and 25 ft from property lines, and most homes and sheds need a Code Enforcement permit (Planning Board in Resource Protection). Older buildings closer than 75 ft can expand only within strict footprint and height caps, and no part within 25 ft of the water can be expanded (a house sitting entirely within 25 ft has its own, smaller caps). |
| Brunswick | Allowed with board review | Brunswick's Shoreland Protection Overlay covers land within 250 feet of rivers and coastal or freshwater wetlands (including tidal areas) and within 75 feet of tributary streams. New buildings must generally be set back 125 feet from rivers and coastal/freshwater wetlands and 75 feet from streams, and any development there needs a Shoreland Protection Permit. |
| Kennebunk | Restricted | Kennebunk's Shoreland Overlay District requires buildings, driveways and other hard surfaces to be set back 100, 50 or 25 ft from the water or wetland, depending on the water body category. Lot coverage in the shoreland part of a residential lot is capped at 20%. Older buildings already inside the setback can't be expanded toward the water by more than 30% over their lifetime. Tree clearing is tightly limited within 75 to 100 ft of the shore. |
| York | Allowed with board review | York's Shoreland Overlay District covers land within 250 ft of tidal waters, coastal wetlands and certain ponds, and you need a Shoreland Permit for most work there. New houses and accessory structures must be set back 100 ft from the normal high-water mark in the Resource Protection, Limited Residential and Mixed-Use subdistricts. Older buildings closer to the water can expand only within strict footprint and height caps. A vegetated buffer of 75 to 100 ft limits tree cutting and clearing. |
| Kittery | Allowed with board review | Kittery's Shoreland Overlay covers land within 250 feet of rivers, saltwater and coastal wetlands (75 feet of streams). New houses and accessory structures generally must be at least 100 feet from the water or wetland edge, and devegetated area is capped at 20% of the lot in most residential zones. Expanding a nonconforming building inside the setback needs Planning Board approval and is capped at 1,000 sq ft of total footprint or 30% over the 1989 footprint, whichever is greater. |
| Ogunquit | Allowed with a permit | Within 250 feet of the ocean, tidal areas, rivers and wetlands (75 feet of a stream) you are in Ogunquit's shoreland zone. New buildings must be at least 75 feet from the water in most districts (50 feet in Ogunquit Beach and Perkins Cove), and in the SLR, SLC, SG1 and SG2 districts non-vegetated surfaces are capped at 20% of the shoreland part of the lot. Clearing vegetation and most building work need a Code Enforcement Officer permit. |
| Camden | Restricted | Camden's shoreland zone covers land within 250 ft of tidal water, great ponds, rivers, wetlands and the Harbor Line, and within 75 ft of streams. In the residential and rural districts, new buildings must be at least 75 ft from the water (100 ft from GPA great ponds). Structures and other hard surfaces can cover at most 20% of the shoreland part of the lot, and a vegetated buffer must be kept. Expanding an older building that sits too close to the water is tightly capped, and the part within 25 ft of the water generally can't be expanded at all. |
| Rockport | Allowed with a permit | Within Rockport's Shoreland Zoning Overlay (generally 250 feet from the ocean, coastal wetlands, great ponds, rivers and freshwater wetlands, and 75 feet from streams), new homes and accessory buildings must be set back at least 75 feet from the water (100 feet from GPA great ponds, 250 feet in Resource Protection) and need a permit, usually from the Code Enforcement Officer. Expanding an older building that's too close to the water is capped, and no part within 25 feet of the water may be expanded. |
| Boothbay Harbor | Allowed with a permit | Boothbay Harbor's shoreland zone covers land within 250 feet of tidal waters, coastal wetlands, great ponds, rivers and freshwater wetlands, and within 75 feet of streams. New buildings generally must be set back 75 feet from the water, structures and paved areas are limited to 20% of the shoreland part of most lots, and you need a permit before building, expanding or clearing. |
| Mount Desert | Allowed with a permit | Mount Desert's shoreland rules cover land within 250 ft of tidal water, great ponds and wetlands, and within 75 ft of streams. New buildings must be at least 75 ft from the shoreline, or 100 ft from most great ponds. Total footprint and other non-vegetated surfaces are capped at 20% of the shoreland part of the lot, and cleared openings at 25% or 10,000 sq ft, whichever is greater. Most building needs a Code Enforcement Officer permit, and some work needs 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.
Common questions about shoreland zoning in Maine
- What is shoreland zoning in Maine?
- 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. It covers land within 250 ft of a great pond, river, tidal water, coastal wetland or most freshwater wetlands, and within 75 ft of a stream.
- What is the shoreland setback in Maine?
- The state minimum for new buildings is 100 ft from great ponds classified GPA and from rivers that flow into them, and 75 ft from other water bodies, tributary streams and wetlands. Towns can be stricter. Of the 19 towns we cover, 13 use 75 ft for most waters and 4 set larger setbacks.
- What is the 30% expansion rule in Maine shoreland zoning?
- Under the current state minimum, you can't expand any part of an older building within 25 ft of the water. Within 75 ft, total footprint is capped at 1,000 sq ft or 30% more than on Jan. 1, 1989, whichever is larger. Some towns still use an older test of 30% added floor area or volume.
- How many trees can I cut in the shoreland zone in Maine?
- Within 100 ft of GPA ponds and 75 ft of other waters, only selective cutting is allowed, with no more than 40% of tree volume removed in 10 years, and no cleared opening over 250 sq ft except one winding footpath up to 6 ft wide. Total clearing is capped at 25% of the shoreland lot area or 10,000 sq ft, whichever is larger.
- How much of a shoreland lot can I cover in Maine?
- In most districts, non-vegetated surfaces such as buildings and driveways are capped at 20% of the shoreland part of the lot. Eighteen of the 19 town pages we cover list that 20% cap.
- Who enforces shoreland zoning in Maine?
- Your town does. State law requires every town to enforce shoreland zoning at least as strict as the DEP's minimum guidelines, so you apply to your town's code office or planning board. Work in or beside the water may also need a DEP permit.
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