Within Maine's mandatory shoreland zone, principal and accessory structures may not exceed 35 feet in height. The cap applies in every municipality and overrides any local ordinance permitting taller buildings near water.
DEP Chapter 1000, the Guidelines for Municipal Shoreland Zoning Ordinances issued under 38 M.R.S. § 438-A, caps structure height at 35 feet within the shoreland zone (generally 250 feet from great ponds, rivers, and tidal waters and 75 feet from certain streams). Height is measured from average grade to the highest point of the structure, including roof peaks but excluding chimneys, antennas, and similar appurtenances. Municipal shoreland ordinances must incorporate this limit; DEP can adopt and enforce its own ordinance against any town that approves a taller structure. Outside the shoreland zone, building height is set by local zoning, which Maine does not preempt.
Civil penalties of $100 to $25,000 per day, mandatory removal of excess height, and DEP-ordered restoration under 38 M.R.S. § 349.
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See how Portland's structure height limits rules stack up against other locations.
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