An Act To Allow Exceptions to the Height Limitations under the Shoreland Zoning Laws
Maine Legislature, Session 130, LD 1809
Committee: Environment and Natural Resources
Sponsors: BRENNER, DOUDERA, BLACK, CARNEY, MOORE, BLUME, GRAMLICH, MATHIESON
Amends: 38 MRSA §436-A, 38 MRSA §439-A

Legislative Document
No. 1809
S.P. 636
In Senate, December 17, 2021
An Act To Allow Exceptions to the Height Limitations under the 
Shoreland Zoning Laws
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Secretary of the Senate on December 15, 2021.  Referred to the Committee 
on Environment and Natural Resources pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BRENNER of Cumberland.
Cosponsored by Representative DOUDERA of Camden and
Senators: BLACK of Franklin, CARNEY of Cumberland, MOORE of Washington, 
Representatives: BLUME of York, GRAMLICH of Old Orchard Beach, MATHIESON of 
Kittery.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §436-A, sub-§1-C is enacted to read:
1-C.  Area of special flood hazard.  "Area of special flood hazard" means land in a 
floodplain having a 1% or greater chance of flooding in any given year, as identified in the  
applicable federal flood insurance study and corresponding flood insurance rate maps.
Sec. 2.  38 MRSA §436-A, sub-§7-A, as enacted by PL 2011, c. 231, §1, is repealed 
and the following enacted in its place:
7-A.  Height.  "Height" means:
A. With respect to new or existing principal or accessory structures, including legally 
existing nonconforming structures, located within an area of special flood hazard that 
have been or are proposed to be constructed, relocated, reconstructed or elevated to be 
consistent with the minimum elevation required by a local floodplain management 
ordinance, the vertical distance between the bottom of the sill of the structure to the 
highest point of the structure, excluding chimneys, steeples, antennas and similar 
appurtenances that have no floor area; and
B. With respect to new or existing principal or accessory structures other than those 
described in paragraph A, including legally existing nonconforming structures, the 
vertical distance between the mean original grade at the downhill side of the structure, 
prior to construction, and the highest point of the structure, excluding chimneys, 
steeples, antennas and similar appurtenances that have no floor area.
Sec. 3.  38 MRSA §439-A, sub-§4, ¶C-1 is enacted to read:
C-1.  Notwithstanding the limitations on height imposed under paragraphs B and C, 
the height of a structure that is a legally existing nonconforming principal or accessory 
structure may be raised to, but not above, the minimum elevation necessary to be 
consistent with the local floodplain management elevation requirement, as long as the 
structure is relocated, reconstructed or elevated within the boundaries of the parcel so 
that the water body or wetland setback requirement is met to the greatest practical 
extent.  This paragraph applies to structures that:
(1) Have been or are proposed to be relocated, reconstructed or elevated to be 
consistent with the local floodplain management elevation requirement; and
(2) Are located in an area of special flood hazard.
SUMMARY
This bill amends how the height of a new or existing principal or accessory structure, 
including a legally existing nonconforming structure, located in the shoreland zone is 
measured when the structure is also located in an area of special flood hazard and there is 
a minimum elevation required for structures by a local floodplain management ordinance. 
This bill specifically allows for an exception to shoreland zoning height requirements for 
legally existing nonconforming structures located in an area of special flood hazard in order 
to be consistent with a local floodplain management elevation requirement.