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Dixmont, ME Building Setbacks & Zoning: Setback Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Boundary line setback
20 feet from any boundary line
Road setback, 49.5 foot ROW
45 feet from traveled-way centerline
Road setback, 66 foot ROW
55 feet from traveled-way centerline
ROW width source
Latest MDOT inventory of Public Roads
Setback variances
Dixmont Board of Appeals
Enforcing officer
Code Enforcement Officer

Summary

Dixmont applies one town-wide setback standard under Section 8(A) of its Building Code Ordinance: no building, mobile home or accessory structure closer than 20 feet to any boundary line. It also requires 45 feet from the centerline of the traveled way on roads with a 49.5 foot right of way and 55 feet where the right of way is 66 feet.

A. Setback. No building, mobile home, or accessory structure shall be constructed closer than twenty (20) feet from any boundary line. All buildings and accessory structures shall have a setback of at least forty-five (45) feet from the centerline of the traveled part of the road right of way (ROW) on all roads having a 49.5 foot ROW excepting that on Town ... roads with a sixty six (66) foot ROW the setback distance for buildings and accessory structures shall be at least fifty five (55) feet from the centerline of the traveled part of the ROW. ROW widths to be determined from the latest version of MDOT inventory of Public Roads.

Full Breakdown

The Town of Dixmont Building Code Ordinance (March 21, 2009, officially amended March 17, 2018) states its setback standard once, in Section 8(A), and it applies to every building, mobile home and accessory structure in the permit process rather than by district. The side and rear rule is a flat twenty (20) feet from any boundary line. The road rule depends on the width of the road right of way (ROW): at least forty-five (45) feet from the centerline of the traveled part of the road on roads having a 49.5 foot ROW, and at least fifty-five (55) feet on town roads with a sixty-six (66) foot ROW. ROW widths are determined from the latest version of the MDOT inventory of Public Roads, so the officer does not measure the road by eye.

The Code Enforcement Officer cannot issue a building permit unless the proposal meets this setback along with the other Section 8 standards, which include a two (2) acre minimum lot, 200 contiguous feet of road frontage, and for back lots a legal right of way of not less than fifty (50) feet in width. Section 9(A) lets a permit issue on a non-conforming lot of record without a variance when the lot is in separate ownership and all provisions except lot size and frontage can be met. Variances relating to setback must be obtained from the Board of Appeals, which under Section 12(E) must find all four undue hardship criteria, including that the land cannot yield a reasonable return unless the variance is granted.

Section 9(C) gives family dwellings that existed or were under construction when the ordinance became effective a limited pass: if one is destroyed or damaged by casualty, it can be rebuilt in substantially the same location and size if work begins within two years. The driveway rule in Section 10(K) tracks the same road measurements. Near water, the separate Shoreland Zoning Ordinance sets 100 foot setbacks from great ponds and 75 foot setbacks from other water bodies, tributary streams and wetland edges, inside the shoreland zone only.

Violations & Fines

A building placed inside a required setback violates the ordinance. The Code Enforcement Officer sends a written notice ordering correction, which can include removal of the illegal building or structure, and Section 11(A) deems the violation a nuisance. The selectmen are directed to start legal or equitable action, including injunctions and fines, and the person who ordered or conducted the work is penalized under 30-A M.R.S. § 4452. Relief from a setback comes only by variance from the Board of Appeals.

Frequently Asked Questions

How far must a house sit from the property line in Dixmont?
Section 8(A) says no building, mobile home, or accessory structure shall be constructed closer than twenty (20) feet from any boundary line. The same section adds a separate road setback measured from the centerline of the traveled part of the road, so the lot line and the road each have to be checked.
How far from the road does a building have to be?
At least forty-five (45) feet from the centerline of the traveled part of the road on roads having a 49.5 foot right of way, and at least fifty-five (55) feet on town roads with a sixty-six (66) foot right of way. The right-of-way width is taken from the latest MDOT inventory of Public Roads.
Can I get a variance from a setback?
Yes, from the Dixmont Board of Appeals. Section 9(A) says variances relating to setback or other requirements not involving lot size or frontage are obtained by action of the Board. Under Section 12(E) the Board must find undue hardship, including that the land cannot yield a reasonable return without the variance, and appeals go to Penobscot County Superior Court.
Do pond and stream setbacks differ from these?
Yes. Inside the shoreland zone, Shoreland Zoning Ordinance § 15(B)(1) requires new principal and accessory structures to sit at least 100 feet from the normal high-water line of great ponds and 75 feet from other water bodies, tributary streams or wetland edges. In the Resource Protection District the setback is 250 feet.

Sources & Official References

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