Mandatory Shoreland Zoning

Introduction
Contacts
Chapter 1000 (Guidelines)
Statutory sections
State-imposed ordinance chapters
Supplemental materials -- including the Shoreland Zoning News

For information on a rulemaking currently in progress, please see the Rulemaking Page.

Introduction

This law focuses upon areas near great ponds, rivers and larger streams, coastal areas, and wetlands. The "Shoreland Zoning" law helps to prevent and control water pollution; to protect fish spawning grounds, bird and wildlife habitat; to project buildings and lands from flooding and accelerated erosion; to protect archeological and historic resources; to protect commercial fishing and maritime industries; to protect freshwater and coastal wetlands; to control building sites, placement of structures and land uses; to conserve shore cover, and visual as well as actual points of access to inland and coastal waters; to conserve natural beauty and open space; and to anticipate and respond to the impacts of development in shoreland areas.

The Shoreland Zoning law requires that municipalities protect shoreland areas through adopting shoreland zoning maps and ordinances. Zoning ordinances provide for what types of activities can occur in certain areas. For example, they address building size and setbacks, and the establishment of resource protection, general development, residential, and other zones. Shoreland areas include areas within 250 feet of the normal high-water line of any great pond, river or saltwater body, areas within 250 feet of the upland edge of a coastal wetland, areas within 250 feet of the upland edge of a freshwater wetland except in certain situations, and areas within 75 feet of the high-water line of a stream.

The law is primarily administered through each municipality, and the local code enforcement officer is usually the first point of contact on shoreland zoning issues. The MDEP also has a Shoreland Zoning Unit.

Contacts.  For general questions, please use the ON-CALL system.  Call one of the following numbers, and ask to speak with the "on-call" person for the Shoreland Zoning program. 

• Augusta:  800-452-1942. 
• Bangor:  888-769-1137.  
• Portland: 888-769-1036. 
• Presque Isle:   888-769-1053.

The Shoreland Zoning Unit. Deirdre Schneider 207-557-0353, Shoreland Zoning Coordinator, 207-557-0353. Michael Morse at 207-822-6300 (Portland), and Stephenie MacLagan 207-941-4116 (Bangor).

Statutory sections.  Title 38, Chapter 3, §§ 435-449.  Note:   this link is to the text at the Office of Reviser of Statutes' site.  Always check the disclaimer there -- the text may not include the most recent changes.

DEP statutory handout (unofficial text).

Chapter 1000 (Guidelines). These are standards that the MDEP uses as a guide when reviewing municipal ordinances. A municipalities need not adopt the guidelines word for word. Municipalities are encouraged to consider local planning documents and other special local considerations. A municipality may wish to adopt a more stringent ordinance, or an ordinance different from the "Guidelines". This is acceptable as long as the ordinance is equally or more effective in achieving the purposes of the Shoreland Zoning law.

Supplementary materials

• Clearing of Vegetation in the Shoreland Zone (issue profile)
• Establishing the Starting Point for Measurement of the shoreland Zone and Related Setback Determinations (issue profile)
• GIS data layer for inland freshwater wetland waterfowl & wading bird habitat (Shorezone IWWH)
• Guidelines for Restoration Plan for Shoreland Clearing Violation (information sheet)
• Highest Annual Tide (HAT) Levels for Year 2012
• Maine Shoreland Zoning -- A Handbook for Shoreland Owners
• Mandatory Shoreland Zoning Act (issue profile)
• Non-Conforming Structures in the Shoreland Zone (issue profile)
• Shoreland Zoning Newsletter

State imposed ordinance chapters