Oceanfront Building Limitations in Maine

Maine's 'shoreland' zoning laws are extensive and include all shores: swamps, rivers, lakes, ponds and others in addition to oceanfront. Therefore, take care that you research oceanfront regulations specifically. Maine's statutes or zoning codes as they pertain to oceanfront policy are parsed out by town or county and so differ from one location to the next, which makes researching the regulations more difficult.

Context and Purpose

• The limitations the state of Maine has imposed on waterfront property are largely due to concerns over the environmental health of related areas as well as the overall integrity of the shoreline. The primary concern is avoiding unnecessary erosion and related complications that might arise due to faulty or irresponsible construction projects, although the state does express concern over the aesthetics of oceanfront properties. Most structures -- regardless of how they are zoned -- fall under these regulations if they are within 250 feet of the shoreline under consideration.

Expansion, Repair & Reconstruction

• While new structures are built to ordinance, older structures whose construction predated code are usually termed "non-conforming" structures. Maine's restrictions try to prevent these buildings from presenting further violations rather than bring them up to code. However, you can add some improvements or expansions to a non-conforming structure if it is less than 30 percent of the structure's volume as of January 1, 1989. Similar guidelines apply to basement remodeling and structure relocation. To expand upon non-conformist usage, the property must be residential. Reconstruction of non-conformist property can occur if the damages meet or exceed fifty percent of its market value. These efforts usually require permits from local zoning officials.

Lot Size

• In Maine, the size of the lot and frontage of a structure depend on two essential criteria. These are the type of water linked to the project and the zoning or use of the property involved. Maine lot code identifies two basic forms of water: tidal and inland. Oceanfront qualifies as tidal water. The minimum standards used for residential lots and tidal waters are a lot size of 30,000 square feet and a frontage of 150 feet shore frontage. For commercially zoned lots, the minimum standard lot size is 40,000 square feet and a frontage of 200 feet.

Septic

• Any installation or repair of septic systems in oceanfront properties are closely monitored and overseen by state agencies. The system itself must be no less than 100 feet from the body of water. This applies to all water considered perennial. The system has to be one created by a state-certified and licensed authority. Installation of the system must be performed in strict compliance with the state law code, specifically the State of Maine Sub-surface Wastewater Disposal Rules. The best course of action and that encouraged by the state of Maine is to contact your local plumbing inspector with your concerns or inquiries. They can guide you through the process.