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Building near the water in Yarmouth, Maine (shoreland zoning)

Yarmouth, Cumberland County · Ordinances checked 2026-10-01 · Reviewed · 11 cited sections

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.

Shoreland zoneWithin 250 ft of a river or salt water body; 250 ft of a wetland; 75 ft of a stream [1]
Structure setback from water75 ft (100 ft in Commercial/Industrial; 250 ft in RPD) [2]
Non-tidal Royal River, Cousins River, Pratt's Brook100 ft setback for principal structures [3]
Expanding a nonconforming building within 75 ftCombined footprint up to 1,000 sq ft or 30% over the Jan. 1, 1989 footprint, whichever is greater; height 20 ft or existing height, whichever is greater [4]
Within 25 ft of the waterNo expansion of the part of a structure within 25 ft, except a house located entirely within 25 ft [5]
House entirely within 25 ftMay expand to 800 sq ft or 30% over the Jan. 1, 1989 footprint, whichever is greater; height 15 ft or existing height, whichever is greater [11]
Lot coverageNon-vegetated surfaces max 20% of the shoreland portion of the lot [6]
Vegetation buffer (75 ft)No cleared opening over 250 sq ft; one footpath up to 6 ft wide [7]
Total clearing25% of the lot area in the SOD or 10,000 sq ft, whichever is greater [8]

Where the rules apply

The Shoreland Overlay District (SOD) covers land within 250 ft of the normal high-water line of any river or the upland edge of salt water, within 250 ft of a coastal or freshwater wetland, and within 75 ft of a stream [1]. It also includes all of the Resource Protection District (RPD). Your underlying district's rules still apply; where they conflict, the stricter rule wins (except in WOC and GD districts).

Setbacks

New principal and accessory structures must be at least 75 ft from the water or wetland edge. The setback is 100 ft in the Commercial and Industrial districts, 250 ft in the RPD, and set by district rules in WOC I, WOC III and GD [2]. Principal structures on the non-tidal Cousins River, Royal River and Pratt's Brook need 100 ft and must be screened by existing vegetation [3]. Piers, docks and retaining walls that need direct water access are exempt.

Expanding an older building

Generally, no part of a structure within 25 ft of the water may be expanded, and an accessory structure closer to the water than the house can't be expanded [5]. The exception: a legally existing house that sits entirely within 25 ft may expand to 800 sq ft or 30% more than its Jan. 1, 1989 footprint, whichever is greater, with height up to 15 ft or the existing height, whichever is greater [11]. For other structures less than 75 ft from the water, the combined footprint can grow to 1,000 sq ft or 30% more than on Jan. 1, 1989, whichever is greater, and height is capped at 20 ft or the existing height, whichever is greater [4].

Lot coverage and clearing

Non-vegetated surfaces (buildings, driveways, parking and cleared areas) can't exceed 20% of the part of the lot in the shoreland zone, or 70% in some General Development areas [6]. Within 75 ft of the water you must keep a vegetated buffer: no cleared opening larger than 250 sq ft, with one footpath up to 6 ft wide [7]. Beyond 75 ft, total cleared area is capped at 25% of the shoreland lot area or 10,000 sq ft, whichever is greater [8].

Who approves

The Planning Department issues Shoreland Permits for one- and two-family homes and their accessory structures outside the RPD and more than 75 ft from the water [9]. Expansion, relocation or replacement of nonconforming structures within the RPD or less than 75 ft from the water, and other work not assigned to the Planning Department, go to the Planning Board [10].

See how Yarmouth compares with 8+ other Maine towns on building near the water (shoreland zoning) →

Next steps

  1. Confirm whether your lot is in the Shoreland Overlay or Resource Protection District on Yarmouth's zoning map.
  2. Measure your project's distance from the normal high-water line or wetland edge, and your existing footprint and non-vegetated area.
  3. Submit a written Shoreland Permit application with a scaled site plan to Yarmouth Planning & Development (207-846-2401).
  4. If the work is within 75 ft of the water or in the RPD, plan for Planning Board review.
  5. Don't clear vegetation in the 75-ft buffer before asking; cutting there has strict limits.

Common questions

How far from the water can I build in Yarmouth, Maine?
New principal and accessory structures must be at least 75 feet from the water or wetland edge. It's 100 feet in Commercial and Industrial districts and on the non-tidal Royal and Cousins Rivers and Pratt's Brook, and 250 feet in Resource Protection.
What is the shoreland zone in Yarmouth, Maine?
The Shoreland Overlay District covers land within 250 feet of a river, salt water, or a wetland, and within 75 feet of a stream. It also includes all of the Resource Protection District.
How much of my lot can be paved or built on near the water in Yarmouth, Maine?
Non-vegetated surfaces can't exceed 20% of the part of the lot in the shoreland zone, or 70% in some General Development areas.
Can I expand a house near the water in Yarmouth, Maine?
Generally no part of a structure within 25 feet of the water may be expanded. For other structures less than 75 feet away, the combined footprint can grow to 1,000 sq ft or 30% more than on January 1, 1989, whichever is greater.
Who approves shoreland work in Yarmouth, Maine?
The Planning Department issues Shoreland Permits for one- and two-family homes and accessory structures outside Resource Protection and more than 75 feet from the water. Work closer than that, or in Resource Protection, goes to 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.

State sources: 38 M.R.S. §435 (Shoreland areas) · DEP Chapter 1000: Guidelines for Municipal Shoreland Zoning Ordinances · Maine DEP Shoreland Zoning program · 38 M.R.S. §480-C (NRPA permit requirement)

What the ordinance says

Exact text from Yarmouth's published ordinances. Section numbers are as printed in the source.

  1. Article IV.R.3 Applicability, Chapter 701 Zoning Ordinance, p. 139
    a. all land areas within 250 feet, horizontal distance, of the normal high water line of any River or Upland Edge of a Salt Water Body; b. within 250 feet, horizontal distances of the Upland Edge of a Coastal or Fresh Water Wetland; c. within 75 feet, horizontal distance, of the Normal High-Water Line of Streams;
  2. Article IV.R.7.c.1, Chapter 701 Zoning Ordinance, p. 147
    (1) All new principal and Accessory Structures shall be set back at least seventy-five (75), feet horizontal distance, from the Normal High-Water line of Water Bodies, Tributary Streams, or the Upland Edge of a Wetland, except that in the Industrial and Commercial Districts the setback from the Normal High-Water line shall be at least one hundred (100) feet, horizontal distance, and in the Water Oriented Commercial I (WOC I), Water Oriented Commercial III (WOC III), and General Development (GD) Districts the setback shall conform to the requirements of those districts. In the RPD the setback requirement shall be two hundred fifty (250) feet, horizontal distance,
  3. Article IV.R.7.c.1(b), Chapter 701 Zoning Ordinance, p. 148
    (b.) All principal structures along the non-tidal portions of the Cousins River, the Royal River, and Pratt's Brook shall be set back on hundred (100) feet, horizontal distance, from the Normal High-Water line, or Upland Edge of a Wetland and shall be screened from the Water Body by existing Vegetation, if any.
  4. Article IV.R.5.a(1)(c)(i), Chapter 701 Zoning Ordinance, p. 141
    (i) 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.
  5. Article IV.R.5.a(1)(a), Chapter 701 Zoning Ordinance, p. 140
    (a.) 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 non-conformity with the water body, tributary stream, or wetland setback requirement.
  6. Article IV.R.7.c.4, Chapter 701 Zoning Ordinance, p. 149
    (4) With the exception of General Development Districts located adjacent to coastal wetlands and rivers that do not flow to great ponds, and Commercial Fisheries/Maritime Activities Districts, non- vegetated surfaces shall not exceed a total of twenty (20) percent of the portion of the lot located within the shoreland zone.
  7. Article IV.R.7.k.1(a), Chapter 701 Zoning Ordinance, p. 154
    (a.) 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 crown.
  8. Article IV.R.7.k.2(b), Chapter 701 Zoning Ordinance, p. 156
    (b.) 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, twenty five (25)% of the lot area within the SOD or ten thousand (10,000) square feet, whichever is greater, including land previously cleared.
  9. Article IV.R.8.b(1)(a) Permitting Authority, Chapter 701 Zoning Ordinance, p. 165
    (a.) One and two family residential Structures, and their Accessory Structures, located outside of the RPD and more than 75 feet from the Normal High Water Line of Rivers, streams or Tributary Streams, or the Upland Edge of a Wetland.
  10. Article IV.R.9 Planning Board, Chapter 701 Zoning Ordinance, p. 166
    a. Expansion, relocation, reconstruction or replacement or of non-conforming Structures within the RPD or less than 75 feet from the Normal High- Water Line of a Water Body, Tributary Stream or Upland Edge of a Wetland.
  11. Article IV.R.5.a(1)(b)(i), Chapter 701 Zoning Ordinance, p. 141
    (i) 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.
This page summarizes Yarmouth's posted ordinances as of 2026-10-01. Ordinances are amended, and individual lots can have overlays, subdivision covenants, or HOA rules that are stricter. Confirm with Building Permits & Code Enforcement (Planning & Development) (207-846-2401) before you build. Spot an error?