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Portland, ME Zoning Overlays & Bonuses: Density Bonus Law (2026)

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

Key Facts

Governing table
Table 17-B, Section 17.2.2(D)
Minimum bonus
1.1x base density at 10-19% affordable units
Maximum bonus
2.5x base density at 50%+ affordable units
Height bonus
+10 ft in mixed-use, TOD, RN-6 zones
Height bonus threshold
Projects over 10 units, 75%+ low-income/workforce
Affordability term
30 years, recorded in Cumberland County Registry of Deeds

Summary

Portland's Land Use Code lets eligible affordable-housing projects build more units than the base zoning allows. Under Section 17.2.2(D), density bonuses scale from 1.1x base at 10-19% low-income or workforce units up to 2.5x base once a project reaches 50% or more.

D. Density and height bonuses. Notwithstanding any other provision of this Land Use Code to the contrary, in order to encourage low-income and workforce units in areas prioritized for growth, eligible projects as defined under Subsection 17.2.2 may avail themselves of the following options: 1. Density bonuses. The maximum number of units that would otherwise be allowed under this Land Use Code shall be increased for an eligible project in the manner described in Table 17-B, applicable where residential is allowed as a permitted or conditional use in mainland zones. 2. Height bonuses. In mixed-use zones, the TOD zones, and the RN-6, for eligible projects over ten units in size in which over 75% of units are low-income or workforce units, maximum heights as permitted under Article 7 shall be increased by 10 feet.

View official code

Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.

Full Breakdown

2 that includes low-income or workforce housing units and sits in a mainland zone where residential use is permitted or conditional. 5x. "Base" is defined in the table's footnote as the number of units allowed under the zoning without this density bonus but with any other bonuses applied first, so the density bonus stacks on top of other Land Use Code allowances rather than replacing them. A separate height bonus runs alongside the density bonus: in mixed-use zones, the TOD zones, and the RN-6 zone, projects over ten units where more than 75% of units are low-income or workforce housing get 10 extra feet of height above what Article 7 otherwise allows.

3(C)(2), (3) and (4), and any deed restriction securing the affordable units must record in the Cumberland County Registry of Deeds for a 30-year term or the longest term required by federal, state or local law, whichever runs longer. 2(D), so the bonus table serves both the voluntary incentive track and the mandatory inclusionary track.

Violations & Fines

This is an incentive, not a penalty provision, so there is no fine for skipping it: a developer who does not include low-income or workforce units simply builds at the base density the zone otherwise allows and forfeits the Table 17-B multiplier and any height bonus. Applicants aggrieved by a Planning Authority decision on eligibility may appeal to the Zoning Board of Appeals under the Section 17.1.12 appeals process referenced in this Article.

Frequently Asked Questions

How much extra density can an affordable project get in Portland?
Under Table 17-B of Section 17.2.2(D), the multiplier ranges from 1.1x the base allowed unit count at 10-19% low-income or workforce units up to 2.5x the base once a project reaches 50% or more such units, applied on top of any other Land Use Code bonuses.
Does Portland also allow extra building height for affordable housing?
Yes. Section 17.2.2(D)(2) adds 10 feet above the Article 7 height limit in mixed-use zones, TOD zones and the RN-6 zone, but only for projects over ten units where more than 75% of the units are low-income or workforce housing.
Where must the affordability restriction be recorded?
Section 17.2.2(D)(4) requires the deed restriction securing the affordable units to be recorded in the Cumberland County Registry of Deeds, running for 30 years or the longest term required by federal, state or local law, whichever is longer.

Sources & Official References

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