Building near the water in Windham, Maine (shoreland zoning)
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.
| Shoreland zone | 250 ft from great ponds, rivers, freshwater wetlands; 100 ft from streams [1] |
| Structure setback | 100 ft (GPA ponds); 75 ft (other waters/wetlands); 25 ft in General Development; 250 ft in Resource Protection [2] |
| Expansion within 25 ft of the water | Prohibited for any part within 25 ft, except a principal structure located entirely within 25 ft [3] |
| Structure entirely within 25 ft | Footprint up to 800 sq ft or 30% over 1/1/1989, whichever is greater; height 15 ft or existing, whichever is greater [8] |
| Expansion cap within 75 ft | 1,000 sq ft or 30% over 1/1/1989 footprint; height 20 ft or existing [4] |
| Buffer clearing | No cleared opening over 250 sq ft; one footpath up to 6 ft wide [5] |
| Total clearing | 25% of shoreland lot area or 10,000 sq ft, whichever is greater [6] |
| Lot coverage | 20% non-vegetated surfaces (70% in GD areas on rivers that don't flow to great ponds) [7] |
Which land is covered
Chapter 185 covers land within 250 ft of a great pond, river or freshwater wetland, and within 100 ft of a stream, or as mapped [1]. The official Land Use Map sets your district: Resource Protection (RP), Limited Residential (LR), General Development (GD) or Stream Protection (SP).
Setbacks and coverage
New buildings must be set back 100 ft from GPA great ponds and rivers flowing to them, and 75 ft from other waters and wetlands. The setback is 25 ft in the General Development District and 250 ft in Resource Protection [2]. Buildings in the RP, LR and SP districts are capped at 35 ft tall. Buildings, driveways and other non-vegetated surfaces can cover no more than 20% of the shoreland part of the lot [7].
Expanding an older building
Expanding a nonconforming building needs a permit and can't increase the nonconformity. No part of a building within 25 ft of the water may be expanded [3], except that a legal principal building located entirely within 25 ft may grow to 800 sq ft or 30% over its Jan. 1, 1989 footprint, whichever is greater, and to 15 ft or its existing height, whichever is greater [8]. Within 75 ft, the combined footprint is capped at 1,000 sq ft or 30% over the 1989 footprint, whichever is greater, and height at 20 ft or existing [4]. Within 100 ft of GPA ponds the cap is 1,500 sq ft or 30%, and 25 ft tall; RP has its own limits.
Trees and vegetation
A vegetated buffer must be kept within 100 ft of GPA ponds or 75 ft of other waters. No cleared opening may be larger than 250 sq ft, though one footpath up to 6 ft wide is allowed if it doesn't open a line of sight to the water [5]. Cutting must leave a well-distributed stand of trees (a point system), and no more than 40% of tree volume can be removed in 10 years. Total cleared area can't exceed 25% of the shoreland lot area or 10,000 sq ft, whichever is greater; this cap doesn't apply in the General Development District [6].
Permits
Under the shoreland land-use table, accessory structures need a Code Enforcement Officer (CEO) permit in every district. Single- and two-family homes need a CEO permit in LR and GD. In SP they need Planning Board site plan approval plus a setback variance from the Board of Appeals; in RP a single-family home is allowed only by special exception, and two-family homes are prohibited. Clearing needs a CEO permit in SP and RP; in LR and GD no permit is needed, but the buffer rules still apply.
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Next steps
- Check the Official Land Use Map, or ask the Windham Code Enforcement Department, to find your shoreland district and the water body's classification.
- Measure your building's distance from the normal high-water line and calculate the shoreland lot coverage before you design.
- Apply to Code Enforcement for a permit for accessory structures or expansions (and for clearing in SP or RP). House projects in SP and RP districts need Planning Board site plan review.
- For work within 75 ft of the water, ask DEP whether you also need a Natural Resources Protection Act permit.
Common questions
- What are the shoreland zoning rules in Windham, Maine?
- The zone covers land within 250 ft of a great pond, river or freshwater wetland, and within 100 ft of a stream. New buildings must be 100 ft from GPA great ponds and 75 ft from other waters and wetlands, or 25 ft in General Development and 250 ft in Resource Protection.
- How much of my lot can I cover in the Windham, Maine shoreland zone?
- Buildings, driveways and other non-vegetated surfaces can cover no more than 20% of the shoreland part of the lot, or 70% in General Development areas on rivers that don't flow to great ponds.
- Can I expand a house near the water in Windham, Maine?
- No part of a building within 25 ft of the water may be expanded, except a principal building located entirely within 25 ft. Within 75 ft, the combined footprint is capped at 1,000 sq ft or 30% over the 1989 footprint, whichever is greater.
- Can I cut trees near the water in Windham, Maine?
- Only within limits. No cleared opening may be larger than 250 sq ft, though one footpath up to 6 ft wide is allowed. No more than 40% of tree volume can be removed in 10 years, and total clearing is capped at 25% of the shoreland lot area or 10,000 sq ft, whichever is greater.
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
- Ch. 185, Applicability A, Shoreland Zoning (Chapter 185), p. 1
This chapter applies to all land areas within 250 feet, horizontal distance, of the normal high-water line of any great pond, or river; within 250 feet, horizontal distance, of the upland edge of a freshwater wetland; and within 100 feet, horizontal distance, of the normal high-water line of a stream, or as shown on the official Land Use Map.
- §185-15B(1) Setback, Shoreland Zoning (Chapter 185), p. 1
All new principal and accessory structures shall be set back at least 100 feet, horizontal distance, from the normal high-water line of great ponds classified GPA and rivers that flow to great ponds classified GPA, and 75 feet horizontal distance from the normal high-water line of other water bodies, tributary streams, or the upland edge of a wetland as depicted on the Official Shoreland Land Use Map, except that in the General Development District, the setback from the normal high-water line shall be at least 25 feet, horizontal distance. 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.
- §185-12C(1)(a), Shoreland Zoning (Chapter 185), p. 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.
- §185-12C(1)(c)[1], Shoreland Zoning (Chapter 185), p. 1
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. The maximum height of any structure may not be made greater than 20 feet or the height of the existing structure, whichever is greater.
- §185-15P(2)(a), Shoreland Zoning (Chapter 185), p. 1
There shall be no cleared opening greater than 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 tree or shrub crown. However, a single footpath not to exceed six feet in width as measured between tree trunks and/or shrub stems is allowed for accessing the shoreline, provided that a cleared line of sight to the water through the buffer strip is not created.
- §185-15P(3)(b), Shoreland Zoning (Chapter 185), p. 1
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 zone or 10,000 square feet, whichever is greater, including land previously cleared.
- §185-15B(4)(a) Lot coverage, Shoreland Zoning (Chapter 185), p. 1
With the exception of General Development Districts located adjacent to rivers that do not flow to great ponds, nonvegetated surfaces shall not exceed a total of 20% of the portion of the lot located within the shoreland zone.
- §185-12C(1)(b)[1], Shoreland Zoning (Chapter 185), p. 1
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.