Maine Structure Height Limits Law: Statewide Building Setbacks & Zoning Rules (2026)

Key Facts

Authority: DEP Chapter 1000
Height cap: 35 feet maximum
Zone width: 250 feet from waters
Statute: 38 M.R.S. § 438-A
Penalty: Up to $25,000 daily

Full Breakdown

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.

Violations & Penalties

Civil penalties of $100 to $25,000 per day, mandatory removal of excess height, and DEP-ordered restoration under 38 M.R.S. § 349.

Frequently Asked Questions

Does Maine cap building height near lakes and rivers statewide?

Yes, DEP shoreland guidelines limit principal structures to 35 feet within 250 feet of great ponds, rivers, and tidal waters, and that cap applies in every Maine municipality.

Are chimneys and antennas counted toward the 35-foot Maine shoreland height limit?

No. DEP Chapter 1000 excludes chimneys, antennas, vents, and similar appurtenances from the height calculation, but the main roof peak must still be at or below 35 feet.

Maine Shoreland Structure Height Cap Statewide